R2004-075 05-10-04 RESOLUTION NO. R2004-75
A RESOLUTION OF THE CITY COUNCIL OF
PEARLAND, TEXAS, ADOPTING THE CITY
EMPLOYEE HANDBOOK.
THE CITY OF
OF PEARLAND
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That certain City of Pearland Employee Handbook, attached hereto
as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and
approved.
PASSED, APPROVED, AND ADOPTED this 10th
Hay , A.D., 2004.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
day of
EMPLOYEE HAND
®®K ACCEPTANCE
I9 (print name) 9 ACKNOWLEDGE
RECEIVING THE EMPL C, YE , POLICY 1 1 AND OOK AND HAVE READ AND
D
UNDERSTALL THE INFORMATION IN CONTAINS. I CLEARLY
UNDERSTAND THAT THIS ]P
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NTRACT FOR EMPL
E CITY S F IPE,ARLAN
PROCEDURES FOUND IN T
WITHOUT N TICE.
regiments
LICY HAN OK DOES NOT CRIEATF, A
YMENT WITH T E CITY OF PEARILAND9 AND
MAY C ANGE OR ICI I DRIFT TIHIE POLICIES AND
IS HAND I:> OOK AT ANY TIME,, WITH OR
If I have any questioM s or need any clarification, I will ask my
immediate supervisor or call the Huma Reso , rces Department.
I will comply with all rules, regulations, policies and conditions
explained i'r this handbook.
I understand that failure o my part to comply with these miles,
regulations, policies and co ditio s may result i i disciplinary
actioeluding termination.
Signed
ate
Initials
This Handbook summarizes employment policies of the City of
Pearland, and is provided for the information of and as guidance
for employees. The City reserves the unilateral right to change,
suspend, abolish, or supplement all or any part of the Handbook
or the policies set forth herein, with or without prior notice to
employees.
Adherence to the policies set forth herein is a condition of
continued employment; however, nothing contained in this
Handbook alters the at -will status of City employees, and
nothing contained in this Handbook shall constitute a contract
or promise of employment. This manual does not create
employment for a term, and confers no contract rights on the
employee. The City and employee each remain free to terminate
their employment relationship, with or without notice, for any
reason or no reason at all.
The failure of the City to enforce a particular guideline or policy
to any extent or the full extent in any one or more instances
shall not constitute a waiver of its right to enforce the guideline
or policy to such an extent. The enforcement by the City of a
particular guideline or policy in a particular manner in any one
or more instances shall not constitute a waiver of its right to
enforce the guidelines or policies differently in another instance.
1
TABLE OF CONTENTS
CHAPTER 1 - INTRODUCTION AND HISTORY
• WELCOME SECTION 1.00
• HISTORY OF OUR CITY SECTION 1.01
• INTRODUCTION TO THE EMPLOYEE HANDBOOK SECTION 1 02
• FUNCTIONS OF THIS HANDBOOK SECTION 1.03
• EMPLOYMENT -AT -WILL SECTION 1.04
• ORGANIZATION SECTION 1.05
CHAPTER 2 - EMPLOYMENT POLICIES AND PRACTICES
• EQUAL EMPLOYMENT OPPORTUNITY SECTION 2.00
• SEXUAL AND OTHER UNLAWFUL HARASSMENT PROHIBITION SECTION 2.01
• METHODS OF RECRUITMENT AND SELECTION SECTION 2.02
• INTERNAL JOB POSTINGS SECTION 2.03
• APPLICATION FOR EMPLOYMENT SECTION 2.04
• MEDICAL EXAMINATIONS SECTION 2.05
• NEPOTISM SECTION 2.06
• ORIENTATION AND TRAINING SECTION 2.07
• EMPLOYEE IDENTIFICATION CARDS SECTION 2.08
11
• PROVISIONARY PERIOD AND PERFORMANCE REVIEWS
• OFF -DUTY EMPLOYMENT
• PERSONNEL FILES
• DISABILITIES
CHAPTER 3 - COMPENSATION POLICIES
• CLASSIFICATIONS OF EMPLOYMENT
• SALARY ADMINISTRATION
• WORK HOURS AND ATTENDANCE
•
• RECORDING WORK HOURS
• METHOD OF PAY
• OVERTIME FOR NON-EXEMPT EMPLOYEES
• LONGEVITY PAY
• PAY FOR PERFORMANCE APPRAISALS
• SEPARATION AND SEPARATION PAY
CHAPTER 4 - TIME -OFF BENEFITS
• VACATIONS
• HOLIDAYS
• BEREAVEMENT LEAVE
• JURY AND WITNESS DUTY LEAVE
• SICK LEAVE
III
S ECTION 2.09
S ECTION 2 10
SECTION 2 11
S ECTION 2 12
S ECTION 3.00
S ECTION 3.01
S ECTION 3.02
S ECTION 3.03
S ECTION 3.04
S ECTION 3.05
S ECTION 3.06
S ECTION 3.07
S ECTION 3.08
S ECTION 4.00
SECTION 4.01
S ECTION 4.02
S ECTION 4.03
S ECTION 4.04
• FAMILY AND MEDICAL LEAVE SECTION 4.05
• MILITARY LEAVE OF ABSENCE SECTION 4.06
CHAPTER 5 - GROUP HEALTH AND RELATED BENEFITS
• INTRODUCTION TO EMPLOYEE BENEFITS SECTION 5.00
• WORKERS' COMPENSATION INSURANCE SECTION 5.01
• RETIREMENT SECTION 5 02
• DONATED SICK LEAVE SECTION 5.03
• EMPLOYEE ASSISTANCE PROGRAM (EAP) SECTION 5.04
• EMPLOYEE EDUCATIONAL ASSISTANCE SECTION 5.05
CHAPTER 6 - EMPLOYEE CONDUCT
• GUIDELINE FOR EMPLOYEE CONDUCT SECTION 6.00
• ABSENTEEISM AND TARDINESS SECTION 6.01
• PERSONAL APPEARANCE AND DEMEANOR SECTION 6.02
• CUSTOMER RELATIONS SECTION 6.03
• EMPLOYEE SAFETY SECTION 6.04
• VEHICLE AND EQUIPMENT USAGE SECTION 6.05
• WORKPLACE VIOLENCE SECTION 6.06
• TOBACCO FREE ENVIRONMENT SECTION 6.07
• DRUG FREE WORKPLACE SECTION 6.08
• DISCIPLINARY POLICY SECTION 6.09
iv
• TERMINATION OF EMPLOYMENT SECTION 6.10
• GRIEVANCE PROCEDURE SECTION 6.11
• CONFIDENTIALITY OF INFORMATION SECTION 6.12
• WORKPLACE SEARCHES SECTION 6.13
• ELECTRONIC AND TELEPHONIC COMMUNICATIONS SECTION 6.14
• SOLICITATION AND DISTRIBUTION OF LITERATURE SECTION 6.15
• BULLETIN BOARDS SECTION 6.16
• MEDIA RELATIONS SECTION 6.17
• ACCEPTANCE OF GIFTS SECTION 6.18
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DEFINITIONS
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Absenteeism: The non-attendance of an employee from his/her assigned
workplace or duty.
Americans With Disabilities Act (ADA): A federal law passed in 1990 that
makes it unlawful to discriminate in employment against people with disabilities
The Act defines disability and requires employers to "reasonably accommodate"
both the mentally and physically disabled. The enforcement agency and
procedures and penalties for violations are the same as those in Title VII of the
Civil Rights Act of 1964.
Anniversary: The 12-month period following an employee's date of hire and
each succeeding 12-month period.
Call back: An unscheduled or emergency return to work, at the request or
direction of the supervisor or department head that is outside of normal work
hours, on a holiday, or day -off.
Classified employee: An employee occupying a position in the classified
service of the Police Department, and subject to the Texas Firemen's and
Policemen's Civil Service Act.
Compensatory time -off (comp time): Selected (by the employee) paid time off
given to reimburse an employee for extra hours worked in lieu of overtime pay.
Contract employee: Any person that performs lawfully approved work for the
City of Pearland under the authority of a specific contract for services.
Demotion: An assignment of an employee to a position having a lower range of
salary.
Department: A major functional unit of City Government created by ordinance,
administrative order or Charter of the City.
Department Head: A person appointed by the City Manager and ratified by the
City Council as being responsible to the City Manager or his/her designee, for the
administration of the department as specified in the Charter.
vi
Disciplinary action A negative personnel action taken by an employer or
supervisor in response to an employee's actions which fail to meet the City
standards.
Dismissal: The termination of employment with the City of Pearland.
Employee: Any person working, and receiving payment for service, for the City
of Pearland.
Employee Assistance Plan (EAP): A program provided by the City to help
employees handle problems that can affect their job performance.
Employee benefits: Non -wage compensation elements, including but not limited
to, cost reimbursements medical plans, retirement plans, and paid time off for
employees provided in whole or in part at the employer's expense.
Exempt employee: An employee who is exempt from the Federal Wage and
Hour Law as it relates to the payment of overtime
Fair Labor Standards Act (FLSA). Establishes minimum wage, overtime pay,
record keeping and child labor standards affecting full-time and part-time
workers in the private sector and in Federal, State, and local governments.
Field Employee: An employee who spends less than two (2) or three (3) hours
per day, or twenty (20) percent of their work in a climate -controlled building.
Grievance" A complaint made by an employee expressing dissatisfaction
relating to his/her employment relationship as a result of a suspension, demotion
or termination.
Holiday: An official, observed paid day off for regular full time employees.
Job description: A summary of the essential functions of a job, including the
general nature of the work performed, specific task responsibilities, reporting
relationships working conditions, competencies, minimum education
experience, and certification(s) required.
Non -classified employee: An employee occupying a position other than a
position covered by the Texas Firemen's and Policemen's Civil Service Act.
Non-exempt employee A term used to describe employees who are subject
to the minimum wage and overtime standards of the Fair Labor Standards Act,
and who must be paid one -and -one-half times their regular rate of pay for hours
worked in excess of 40 per week unless a signed statement has been received
indicating the employee wishes to receive compensatory time in lieu of overtime.
vii
Office Employee: An employee in any City of Pearland facility who spends
eighty (80) percent or more of their time in a climate -controlled building.
Office/Field Employee: An employee who spends an equivalent number of
work hours in a climate -controlled building and in the field during the same work
day
On -call: Being available to return to work if necessary, for a designated period
of time.
Overtime: Working hours in excess of a regular working day or week. Under
the Fair Labor Standards Act, non-exempt employees must be paid one -and -
one -half times their normal wage rates for all hours worked in excess of 40 in any
work week
P rovisionary employee: An employee who has not been in the employ of the
City in excess of six (6) calendar months.
P rovisionary period: A working period of six (6) calendar months, commencing
from the date of hire during which a new employee receives close supervision to
perform the job. It is also a time during which the new employee and the
e mployer may evaluate the appropriateness of the employee for the position.
P romotion: The assignment of an employee from a position in one job
classification to a position in another job classification having a higher maximum
salary rate.
Separation: Termination of the employment relationship for any reason.
Includes resignation, release, death, retirement, reduction in force, or discharge.
Sexual harassment: Treatment based on the employee's sex that substantially
interferes with his or her ability to perform the job or that creates a hostile work
e nvironment.
S ick leave: Time for which the employee is paid when he or she is not working
due to illness or injury. For purposes of overtime, sick leave is not counted as
hours worked.
S upervisor: A person responsible for directing the work of others.
S uspension: The temporary relief of duties with the City for a specific, to an
indefinite length of time
viii
Title VII of the Civil Rights Act of 1964. Makes it unlawful for an employer to
hire or discharge any individual, or otherwise to discnminate against any
individual with respect to his/her compensation, terms, conditions or privileges of
employment, because of an individuai's race color, religion, sex or national
origin. This covers hiring, firing promotions and all workplace conduct.
Transfer: Any change of an employee from one position to another position
having the same maximum salary range.
Vacation: A period of rest entitled to regular full time employees after the end of
their first year of continuous employment and every year thereafter.
Workday: Any one shift during which a department is open for business or in
which an employee is scheduled to work.
Workweek: A number of hours regularly scheduled to be worked during any
seven (7) consecutive days.
ix
CHAPTER 1
INTRODUCTION
AND HISTORY
SECTION 1.00
WELCOME
11
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•
The City of Pearland's primary goal is to provide the most
dependable, efficient, economical, and courteous services possible
for citizens and members of our community.
Each individual position is very important in our overall plan of service
and you have been selected to work here because we believe that
you have the skills, knowledge, abilities and competencies necessary
to help us accomplish our objectives. We want our citizens to know
that we care enough to do our very best for them, and you can help
us be a success in accomplishing that goal. We also want you to
know that we care about you and want to welcome you to our
organization.
If you are new to municipal government, an interesting and
challenging experience awaits you as an employee of the City of
Pearland. Employees of municipalities are the "Goodwill
Ambassadors" of their city and such status involves an extraordinarily
high degree of duty and obligation regarding public and private
conduct. To achieve this end, all City of Pearland employees are
required to adhere to the Core Beliefs, maintaining the highest ethical
standards of conduct in their position or office.
This handbook has been provided to you in order to answer some of
the questions you may have concerning the City of Pearland as an
organization, and its policies and benefits. Please take the time to
read it over carefully before you begin your new job and keep it handy
for future reference. The more you know about our City, its origins
and objectives, the easier it will be for you to understand your own
role in relation to all the other departments and positions. From time
to time, you may receive updated information concerning changes in
policy Should you have any questions regarding any policies, please
5/18/2004 Page 1 of 2 Section 1.00
ask your supervisor or a member of our Human Resources
Department for assistance.
We have avoided the use of specific gender pronouns wherever
possible. However, where such avoidance would have led to very
awkward sentences, we have used the masculine pronoun This use
should be considered to refer to both genders.
We wish you the best in your employment relationship with the City of
Pearland, and we hope that your experience here will be a rewarding
one.
5/18/2004 Page 2 of 2 Section 1.00
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CHAPTER 1
INTRODUCTION
AND HISTORY
SECTION 1.01
HISTORY OF
CITY
OUR
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A S
Settlement of the City of Pearland sprang from railroad development
in 1892 First known as Mark Belt, the town was soon platted and
renamed to reflect the abundance of pear orchards in the vicinity.
However, Pearland's history goes far beyond the City's 1894
founding date. Native Indian inhabitants hosted their first European
visitors in 1528 Such famous names as Cabeza de Vaca, La Salle,
and Stephen F. Austin leap out from this tumultuous chapter of
Texas' colorful history that traces the area's development to present-
day Pearland.
The story of the area's founding families speaks of a hearty and
determined group of people drawn to the areas by glowing
advertisements of land that had "perfect climate...is fertile, and easily
cultivated."
The tenacity of these early settlers formed the backbone of a thriving
community that continues to grow, increasing from approximately
19,000 to 49,000 residents between 1990 and 2004 with dramatic
growth in the extra terntorial jurisdiction (ETJ).
Pearland is the fastest growing city in Brazoria County, positioned on
a growth curve that extends well into the 21st century, fueled by an
enviable location. Located at the corner of SH 288 and Beltway 8,
SH 35 runs through the center of town, which is bisected by FM 518.
SH 288 remains one of the area's least -traveled, major
thoroughfares, leading directly into the heart of downtown Houston.
A multitude of new businesses have followed the promise of success
to Pearland, prompting a plethora of new construction that must
follow strict codes conducive to a master -planned community.
5/18/2004 Page 1 of 2 Section 1.01
In an ongoing and successful effort to guide growth while meeting the
needs of its citizens, Pearland City government pledges the following
Core Beliefs:
The City of Pearland is the innovative leader for
delivery of quality services.
We are:
Responsive
We anticipate and respond to the real and perceived
needs of citizens.
Results -Oriented
We have a clear focus on solving problems.
Trust -Builders
We develop and maintain the trust of those we serve
and those who serve with us.
Accountable
We demonstrate a clear commitment to these
principles through our actions.
5/18/2004 Page 2 of 2 Section 1.01
I.
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CHAPTER 1
INTRODUCTION
AND HISTORY
SECTION 1.02
INTRODUCTION TO
THE EMPLOYEE
HANDBOOK
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AS
Every employee is required to attend orientation where they are given
an opportunity to go through the Handbook. During this training,
employees will sign an acknowledgement of having read and
understood the Employee Handbook and the policies contained
within.
No part of this Handbook shall supersede Federal or State
Legislation, or Local Rules promulgated by the City of Pearland Civil
Service Commission relating to Civil Service employees in the Police
Department, however, with those exceptions, this Handbook shall
apply to Classified and Non -Classified employees.
No part of this Handbook shall supersede Federal or State grant
regulations relating to employees whose salaries or wages are
funded through any such grant.
5/18/2004 Page 1 of 1 Section 1.02
CHAPTER 1
INTRODUCTION
AND HISTORY
SECTION
FUNCTIONS
THIS HANDBOOK
1.03
OF
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The purpose of this Employee Handbook is to develop a high degree
of understanding, cooperation, efficiency, and unity, which comes
through systematic application of uniform policies for all employees.
The basic objectives of these policies are:
• To promote and increase efficiency and economy in
service provided by the City of Pearland.
• To provide fair and equal opportunity to all qualified
applicants entering City employment on the basis of
demonstrated qualifications and merit, as ascertained
through fair and practical methods of recruitment and
selection.
• To develop a process of recruitment and career
opportunity and encourage each employee to render
his/her best services to the City of Pearland.
• To establish and promote high morale among City
e mployees by providing a good working environment,
u niform personnel policies, and consideration for
e mployee needs.
The City of Pearland may add, revoke, or modify these policies from
time to time. The Human Resources Department is responsible for
disseminating new policy information and keeping the handbook
current; however, there may be times when policy will change before
this material can be revised.
5/18/2004 Page 1 of 2 Section 1.03
All Employee Handbooks are assigned to the job position, not to the
individual. The Human Resource Department is responsible for
distribution of the handbook and the employee is responsible for
safeguarding the materials and inserting approved changes. All
handbooks must be returned to the Human Resources Department
upon termination of employment.
Employees should refer to the handbook whenever questions of
policy interpretation or implementation arise. Issues needing
clarification should be referred to the Human Resources Department.
5/18/2004 Page 2 of 2 Section 1.03
it
II
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CHAPTER 1
INTRODUCTION
AND HISTORY
SECTION 1.04
EMPLOYMENT
AT - WILL
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AS
All employees, with the exception of Civil Service (Police), are
employed "at will", meaning that either the employee or the City may
terminate the employment relationship at any time.
N o City of Pearland representative is authorized to modify this policy
for any employee or to enter into any agreement, oral or wntten,
which changes the at -will relationship. Supervisory and management
personnel should not make any representations to employees or
applicants concerning the terms or conditions of employment with the
City of Pearland that are not consistent with this policy.
N o statements made in pre -hire interviews or discussions, or in
recruiting materials of any kind, alter the at -will nature of employment
or imply that discharge will occur only "for cause".
This policy may not be modified by any statement contained in this
handbook or any other manual, employment application, City
recruiting materials, City memoranda, or other materials provided to
applicants and employees in connection with their employment.
N one of these documents, whether singly or combined, create an
express or implied contract concerning any terms or conditions of
employment. Similarly, City of Pearland policies and practices with
respect to any matter should not be considered as creating any
contractual obligation on the City's part or as stating in any way that
termination will occur only "for cause". Statements of specific
grounds for termination set forth in this handbook or any other City of
Pearland document are examples only, not an all-inclusive list, and
are not intended to restrict the City's right to terminate at -will.
5/18/2004 Page 1 of 2 Section 1.04
Completion of a provisionary period or confirmation of regular status
does not change an employee's status as an at -will employee or in
any way restrict the City's right to terminate the employee or change
the terms or conditions of employment.
5/18/2004 Page 2 of 2 Section 1.04
Jake
CHAPTER 1
INTRODUCTION
AND HISTORY
SECTION 1.05
ORGANIZATION
i
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The City of Pearland is known as a "council-manager" form of
government. The legislative and governing body of the City consists
of a Mayor and five (5) council members. The Mayor is the presiding
officer at City Council meetings and is recognized as the head of the
City for purposes of military law and ceremonial activities. The Mayor
and each council member is elected to hold office for a period of
three (3) years and until his/her successor is elected and qualified.
Council members are limited to two (2) full consecutive terms of office
and there is no limitation on the office of Mayor. The City Council
enacts local legislation, adopts budgets, determines policies and
appoints the City Manager, who in turn is held responsible to the City
Council for the execution of the laws and the administration of the
government of the City of Pearland.
The City Manager has responsibility to the City Council for the
efficient and economical administration of the city government.
He/she has authority, with approval from the City Council, to appoint
and remove all department heads. He/she has authority to appoint
and remove all other employees in the administrative service of the
City of Pearland, and to appoint and remove subordinates in his/her
respective department. Except for the purpose of inquiry, the City
Council and its members shall deal with employees in a manner
consistent with City Charter, solely through the City Manager.
Department heads are responsible for the proper and effective
administration of this Handbook within their respective departments.
It is the responsibility of the department head to assist in applying the
personnel program as described in this Handbook to adhere to its
principles and methods, to hold themselves and their subordinates
accountable to the Core Beliefs as developed by the employees, and
to place emphasis on an effective program of employee
communications. In this connection, department heads shall:
5/18/2004 Page 1 of 2 Section 1.05
• Bring to the attention of the Human Resources
Department any personnel changes such as changes of
status, disciplinary actions, changes in job content,
schedules, vacancies, and absences of more than three
(3) days.
• Coordinate with the Human Resources Department the
establishment of new positions, and assist in the study
and evaluation of such positions.
• Furnish information to employees regarding all phases of
personnel programs.
• Maintain knowledge and understanding of the entire
personnel program.
• Select applicants for positions within their department,
subject to the approval of the Human Resources
Department.
•
5/18/2004 Page 2 of 2 Section 1.05
CHAPTER 2
EMPLOYMENT
POLICIES AND
PRACTICES
SECTION 2.00
EQUAL
EMPLOYMENT
OPPORTUNITY
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Purpose
The City of Pearland prides itself in being an equal opportunity
e mployer with regard to all terms and conditions of employment,
including but not limited to hiring, compensation, benefits, hours of
work, issuance of discipline, training, promotion, transfer, work
assignments, and termination. As such, the City of Pearland
complies with federal and state laws prohibiting discrimination on the
basis of race, color, religion, creed, national origin, sex, disability,
veteran status, age or other protected status. In addition, the City of
Pearland complies with all other state and local laws prohibiting
discrimination in those areas where such laws apply.
Discussion
Improper interference with the ability of the City of Pearland's
e mployees to perform their expected job duties will not be tolerated.
Personnel decisions are made on the basis of occupational
qualifications and job -related factors such as skill, knowledge,
e ducation, experience, and ability to perform a specific job.
The City of Pearland also prohibits any form of retaliation or
discrimination against an employee for opposing an unlawful
e mployment practice, or for participating in an investigation under
Title VII or state law. However, if, after investigating any complaint of
harassment or unlawful discrimination, the City determines that an
employee has provided false information regarding the complaint,
disciplinary action shall be taken against the individual who gave the
false information.
5/18/2004 Page 1 of 2 Section 2.00
The application and effectiveness of this policy are the responsibility
of the City Manager, Deputy City Manager, Executive Directors,
Department Heads, and all levels of supervisory personnel.
5/18/2004 Page 2 of 2 Section 2.00
`i
CHAPTER 2
EMPLOYMENT
POLICIES AND
PRACTICES
SECTION 2.01
SEXUAL AND
OTHER UNLAWFUL
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HARASSMENT
PROHIBITION
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Purpose
It is the policy of the City to provide a business and employment
environment free of unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct or communications
deemed to constitute sexual harassment, as defined and otherwise
prohibited by federal and state statutes, regulations, and guidelines.
The City will not tolerate sexually inappropriate behavior in any form.
Additionally, the City will not tolerate harassment based on race,
religion, national origin, age, disability, or any other protected status.
Discussion
Harassing conduct will not be tolerated in the workplace or in other
work -related environments, whether by supervisors, co-workers, non -
employee citizens, vendors, or suppliers. This prohibition covers
communications made in person or otherwise, including, but not
limited to email, fax, or telephone.
Substantiated allegations of sexual or other prohibited harassment
will be grounds for immediate disciplinary action up to and including
termination. Even if allegations cannot be substantiated, the City
may take action, including disciplinary action that it deems
appropriate.
The City of Pearland has adopted a policy of "zero -tolerance" with
respect to unlawful employee harassment. In this connection, any
form of unlawful employee harassment or any improper interference
with the ability of the City's employees to perform their expected job
duties will not be tolerated.
5/18/2004 Page 1 of 4 Section 2.01
All employees shall carry out the spirit and intent of this policy by
promoting a harassment free environment. If the City determines that
an employee is guilty of harassing another employee, appropriate
disciplinary action will be taken against the offending employee, and
prompt remedial action will be taken.
With respect to sexual harassment, the City of Pearland prohibits:
• Unwelcome sexual advances, requests for sexual favors,
and all other verbal or physical conduct of a sexual or
otherwise offensive nature, especially where:
IND
Submission to such conduct is made whether
explicitly or implicitly a term or condition of
e mployment;
Submission to or rejection of such conduct is used
as the basis for decisions affecting an individual's
employment; or
Such conduct has the purpose or effect of creating
an intimidating, hostile, or offensive working
e nvironment.
• Offensive comments, jokes, innuendos, and other
sexually oriented statements.
The City also prohibits gender -based harassment that is not sexual in
nature.
Each department head and/or supervisor is responsible for creating
an atmosphere free of discrimination and harassment, sexual or
otherwise. Further, employees are responsible for respecting the
rights of their co-workers and have an affirmative duty to maintain a
workplace free from inappropriate behavior.
5/18/2004 Page 2 of 4 Section 2.01
Examples of the types of conduct expressly prohibited by this policy
include, but are not limited to, the following:
• Repeatedly violating or invading someone's "personal space",
in an unwelcome manner.
• Touching, such as rubbing or massaging someone's neck or
shoulders, stroking someone's hair, or brushing against
another's body.
• Grabbing, groping, kissing, fondling,
• Lewd, off-color, sexually oriented comments or jokes.
• Foul or obscene language,
• Leering, staring, stalking,
• Display or circulation of suggestive or sexually explicit posters,
calendars, photographs, graffiti, or cartoons,
• Unwanted or offensive letters or poems,
• Offensive e-mail or voice -mail messages,
• Sexually oriented or explicit remarks, including written or oral
references to sexual conduct, gossip regarding one's sex life,
body, sexual activities, deficiencies, or prowess,
• Questions about one's sex life or experiences,
• Repeated requests for dates,
• Sexual favors in return for employment rewards, or threats if
sexual favors are not provided,
• Sexual assault or rape and
• Any other unwelcome conduct.
When harassment based on sex, race, national origin, disability, or
other factor occurs, a report of the incident should be made to the
supervisor, department head, or to the Director of Human Resources.
The City of Pearland takes complaints of discrimination and
harassment very seriously. There is no need to follow any formal
chain of command when filing a complaint, or discussing or
expressing any issue of concern regarding alleged discrimination or
harassment, and anyone in the direct chain of command may be
bypassed in order to file a complaint or discuss or express any issue
of concern with Human Resources at any time.
5/18/2004 Page 3 of 4 Section 2.01
This policy applies to all incidents of alleged harassment, including
those which occur off -premises, or off -hours, where the alleged
offender is a supervisor, co-worker or even a non -employee with
whom the employee is involved, directly or indirectly, in a business or
potential business relationship.
The Director of Human Resources will undertake an investigation of
any complaint, and all complaints will be kept confidential to the
maximum extent possible. Following an investigation, the
complainant will be advised of the conclusions and action taken, as
appropriate.
If the City determines that an employee is guilty of harassing another
individual, appropriate disciplinary action will be taken against the
offending employee, up to and including termination of employment.
Retaliation is strictly prohibited. If, however, after investigating any
complaint of harassment or unlawful discrimination, the City
determines that an employee has provided false information
regarding the complaint, disciplinary action shall be taken against the
individual(s) who gave the false information.
5/18/2004 Page 4 of 4 Section 2.01
( '
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CHAPTER
EMPLOYMENT
POLICIES
PRACTICES
SECTION 2.02
METHODS OF
RECRUITMENT AND
2
AND
r t A z
SELECTION
Purpose
The intent of the City of Pearland is to maintain a hiring process that
is thorough, effective, and in compliance with both federal and state
law.
Discussion
The future effectiveness of the City of Pearland government depends
on the ability to attract, hire, and retain quality employees committed
to the City's objectives. We are committed to recruiting and selecting
qualified candidates to represent the City of Pearland with
professional and quality customer service. A carefully planned hiring
process can increase retention, reduce turnover, and be cost
effective to the bottom line. The City of Pearland utilizes a
centralized hiring process through the Human Resources
Department.
The City of Pearland has three (3) methods of filling vacancies:
1. Promotion from within after compliance with the internal job
posting policy;
2. Lateral transfer from within after compliance with the internal
job posting policy; or
3. Public announcement and competitive consideration of external
and internal applications for employment.
5/18/2004 Page 1 of 2 Section 2.02
Public announcements of position openings at the City of Pearland
for which there will be competitive consideration are disseminated in
the manner most appropriate for the particular position being filled
and consistent with Human Resources standard operating procedure.
The City of Pearland shall establish the minimum required
knowledge, skills, and abilities for each staff position and the
acceptable levels of experience and training for each. Selected
applicants will be given verbal offers of employment by Human
Resources on the basis of occupational qualifications and job -related
factors such as skill, knowledge, education, experience, ability and
competencies to perform the essential functions of the job.
Persons under sixteen (16) years of age shall not be employed by the
City of Pearland in any regular full-time position. Persons under
eighteen (18) years of age shall not be hired in any hazardous
occupation as determined by the Department of Labor or Texas
Workforce Commission. Any and all prospective City of Pearland
employees under eighteen (18) years of age must have written
permission from his/her parent or legal guardian in the Human
Resources office prior to the first day of employment.
5/18/2004 Page 2 of 2 Section 2.02
CHAPTER 2
EMPLOYMENT
POLICIES AND
PRACTICES
SECTION 2.03
INTERNAL JOB
POSTINGS
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Purpose
The City of Pearland has established a job -posting program to give all
employees an opportunity to apply for positions in which they are
interested and qualified. Vacancies are posted on designated bulletin
boards at all City locations. It is the intent of the City to be an equal
opportunity employer and to hire individuals on the basis of
qualification and their ability to perform the essential functions of the
job.
Discussion
Postings include the title, salary range, job summary, essential
functions, minimum hiring qualifications, and the closing date for filing
applications. Positions are normally posted for a minimum of five (5)
working days, in the following areas:
City Hall
Community Center
Service Center
Police Department
EMS
MN
bulletin board in kitchen and lobby
bulletin board in workroom
bulletin board above time clock
bulletin board in lunchroom
bulletin board by front door
Supervisors and/or department heads that need to fill a vacant
position shall submit an employment requisition to the Human
Resources Department. All requisitions will be reviewed, and those
submitted for new job positions shall be evaluated in greater detail
before being approved. When qualified internal applicants are
available, the City will attempt to fill job openings above entry level by
promoting from within.
5/18/2004 Page 1 of 2 Section 2.03
In order to have one's application considered for a posted position, an
employee must meet the minimum hiring qualifications for the
position, have been an employee with the City of Pearland beyond
the introductory period, have served in their current position for a
minimum of ninety (90) calendar days, and be an employee in good
standing in terms of overall work record and attendance. Any
exception to this shall be the result of consultation between Human
Resources, the department head, and the City Manager.
Employees are responsible for monitoring job vacancy notices and for
completing and filing an application packet with Human Resources
during the posting period for a specific opening.
It is the responsibility of the employee to notify their supervisor when
submitting an application for a posted position. When an employee is
a finalist for a position, Human Resources shall notify the supervisor
for a reference. When an employee is not being considered for a
position, Human Resources will notify them that their application is
not being considered.
During the recruitment, hiring, and orientation process, no statement
shall be made promising permanent or guaranteed employment; and
no document shall be called a contract.
5/18/2004 Page 2 of 2 Section 2.03
alt.
CHAPTER 2
EMPLOYMENT
POLICIES AND
PRACTICES
SECTION
APPLICATION
EMPLOYMENT
2.04
FOR
A Fa
r
Purpose
The intent of the City of Pearland is to hire the most qualified
individual for the position.
Discussion
Applicants seeking employment are required to submit a written City
of Pearland application and other pertinent information regarding
training and experience, to Human Resources. Applications for
employment may be obtained from Human Resources or the City's
official website. Completed applications must be returned to Human
Resources within the prescribed time. The City of Pearland
application form is considered to be a legal document and requires
the applicant's signature authorizing employment verification and
other vital data.
It is the responsibility of Human Resources to make appropriate
inquiries to verify education, experience, and required certificates and
skills of an applicant prior to appointment. If an applicant applies for
a position that requires driving a vehicle, the prospective employee's
driving record must be checked and cleared prior to offering the
applicant employment with the City of Pearland.
In addition to hiring individuals with excellent qualifications and skills,
the City° of Pearland is dedicated to hiring honest and trustworthy
people. The goal is to provide quality service and a safe community
therefore criminal background checks are required for all potential
employees.
5/18/2004 Page 1 of 1 . Section 2.04
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CHAPTER 2
EMPLOYMENT
POLICIES AND
PRACTICES
SECTION
MEDICAL
EXAMINATIONS
2.05
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Purpose
The City of Pearland is concerned with the safety, health, and well
being of all its employees, as well as the quality and integrity of our
services, therefore, it is the policy of the City of Pearland to require
drug screens and a "Human Performance Evaluation" (HPE), when
an offer of employment is extended.
Discussion
The purpose of the HPE is to establish the applicant's fitness to
perform the job for which they have applied without endangering the
health and safety of themselves or others. All applicants to whom a
conditional offer of employment has been made shall be sent for an
HPE that is appropriate to the particular position.
In addition, applicants to whom a conditional offer of employment has
been made are also required to undergo a drug screen in order to
qualify for employment with the City of Pearland.
As a condition of continued employment, employees may also be
required to undergo periodic medical examinations and/or alcohol
and drug screenings. These times will be determined by the City,
shall be job related and consistent with business necessity, such as,
for example, if the employee has difficulty performing his/her job or
becomes disabled.
In connection with these examinations, employees are required to
provide the City's examining physician with access to their medical
records, if requested. Further, it should be understood that the City
might receive a full medical report from its examining physician
5/18/2004 Page 1 of 3 Section 2.05
regarding the capabilities of the applicant or employee to perform the
essential functions of their job description. All City required medical
examinations and alcohol and drug screenings are paid for in full by
the City of Pearland.
Reports resulting from medical examinations paid for by the City of
Pearland are the property of the City, and the examination records
will be treated as confidential and kept in separate medical files.
However, records of certain examinations, if required by law or
regulation, will also be made available to the employee, persons
designated and authorized by the employee, public agencies,
relevant insurance companies, or the employee's doctor.
Employees are encouraged, but not required, to have physical
examinations periodically during their employment and to participate
in wellness programs.
Employees who need to use prescription or nonprescription legal
drugs while at work must report this requirement to their supervisor
and Human Resources if the use might reasonably impair their ability
to perform the job safely and effectively. Depending on the
circumstances, employees may be reassigned, prohibited from
performing certain tasks, or prohibited from working if they are
determined to be unable to perform their jobs safely and properly
while taking the prescription or nonprescription legal drugs
(Appendix).
The City of Pearland also may require and provide payment for
additional medical opinions regarding an employee's absence
because of illness or injury. Employees returning from disability
leave, a work -related injury, or an extended absence due to a serious
health condition, shall be required to provide a doctor's certification of
their ability to perform the essential functions of the job without
endangering themselves or their fellow employees (see Section 4.04
regarding Sick Leave Policy).
5/18/2004 Page 2 of 3 Section 2.05
Employees who become ill on the job or suffer any work -related
injury, no matter how minor, shall immediately seek medical attention.
If the injury or illness is not serious, they shall immediately report the
incident to their supervisor who will then arrange referral for
examination, treatment, and recording of the incident as necessary.
Time spent by an employee in waiting for and receiving this medical
attention will be considered hours worked for pay purposes. An
injured employee's supervisor, any member of management, or
emergency medical personnel are authorized to have the employee
transferred to a medical facility for treatment. Human Resources is
responsible for developing and administering programs concerning
employee health and safety (Appendix).
5/18/2004 Page 3 of 3 Section 2.05
CHAPTER 2
EMPLOYMENT
POLICIES AND
PRACTICES
SECTION 2.06
NEPOTISM
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5
Purpose
The intent of the City of Pearland is to permit the employment of
qualified relatives of employees as long as such employment does
n ot, in the opinion of the City, create an actual or perceived conflict of
interest or violation of charter, state or federal laws.
Discussion
For purposes of this policy, "relative" is defined as a spouse (common
law included), child, parent, sibling, grandparent, grandchild, aunt,
u ncle, first cousin, or corresponding in-law or "step" relation. The City
will exercise sound business judgment in the placement of related
employees in accordance with the following guidelines:
• Relatives shall not be permitted to work in the same department
or in any other position where an inherent conflict of interest
may exist.
• An employee, who marries another employee while employed
for the City of Pearland, shall be treated in accordance with
these guidelines. That is, one of the employees shall be
transferred at the earliest practicable time or asked to tender
their resignation. This policy applies to all categories of
employment at the City of Pearland, including regular,
temporary, and part-time classifications.
Human Resources shall be the deciding authority in regard to the
appropriateness of employment of relatives.
5/18/2004 Page 1 of 1 Section 2.06
'
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.,.
CHAPTER 2
EMPLOYMENT
POLICIES AND
PRACTICES
SECTION 2.07
ORIENTATION AND
TRAINING
Fa
l
X
A
S
Purpose
It is the intent of the City of Pearland to provide orientation programs
for new employees in order to provide essential information, to
answer common questions, and to assist them with the transition
where possible.
Discussion
During an employee's first few days of employment, participation in
an orientation program shall be required. The Human Resources
Department is responsible for the overall development and
coordination of the orientation program and for implementing the
portions that cover City of Pearland history, philosophy, policy,
procedure, benefits, new employee files and documentation.
Supervisors shall be responsible for orientation as it applies to
introducing the new employee to the department, the specific job, and
to assist the new employee in understanding the relationship of the
job to the overall operation of the City of Pearland.
Human Resources shall develop and administer a questionnaire to
new employees after thirty (30) days, requesting an informal
evaluation pertaining to the quality of the orientation, instruction,
content, and the scope of information received during the first weeks
of employment.
Human Resources, acting on behalf of the City of Pearland, may
approve and coordinate employee participation in external and in-
house programs dealing with supervisory, professional, or
management development, quality improvement, and compliance
with government regulations.
5/18/2004 Page 1 of 2 Section 2.07
The City of Pearland may also provide special training programs for
safety and health matters, and support continuing education and/or
programs for re -certification of a license.
All training paid by the City of Pearland shall be documented on the
appropriate form (Appendix), and forwarded to Human Resources
for inclusion in the personnel file.
The application and effectiveness of this policy is the responsibility of
the City Manager, Deputy City Manager, Executive Directors,
Department Heads, and all levels of supervisory personnel.
5/18/2004 Page 2 of 2 Section 2.07
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CHAPTER 2
EMPLOYMENT
POLICIES AND
PRACTICES
SECTION 2.08
EMPLOYEE
IDENTIFICATION
CARDS
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Purpose
It is the intent of the City of Pearland to issue ID cards to all
employees as part of the City's internal security plan.
Discussion
The City of Pearland requires that ID cards be issued to all
employees and volunteers. The ID card must be worn at all times,
where it can be seen, while an employee is on -duty or otherwise on
City of Pearland property. The loss or damage of an ID card must be
reported immediately to the employee's supervisor.
All ID cards remain the property of the City and must be returned to
Human Resources upon termination of employment. Employees who
permit others to wear or use their ID cards are subject to disciplinary
action, up to and including termination.
5/18/2004 Page 1 of 1 Section 2.08
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CHAPTER 2
EMPLOYMENT
POLICIES AND
PRACTICES
SECTION
PROVISIONARY
PERIOD AND
PERFORMANCE
REVIEWS
2.09
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P urpose
It is the intent of the City of Pearland to use performance reviews as a
tool to ensure that all employees in the organization understand that
there is a direct connection between their performance and the
achievement of the City of Pearland's goals.
Discussion
Performance appraisals, used to their maximum benefit, are the
means by which employees in the organization understand and are
held accountable for meeting important objectives.
S upervisors and employees are strongly encouraged to discuss job
performance and goals on an informal, day-to-day basis. Ongoing
discussions with supervisors about job duties, performance, and the
work environment are excellent opportunities for employees to clarify
any questions they have about the job. The review gives the
employee and supervisor an opportunity to discuss job tasks,
encourage and recognize strengths, identify and correct weaknesses,
and discuss constructive, purposeful approaches for meeting goals.
U pon initial employment, employees will serve a six (6) month
provisionary period and can be terminated during that period without
the right of appeal. The regular full-time provisionary employee is not
eligible to use vacation leave benefits during the first year of
employment; however, vacation hours do accrue during this time.
N on-exempt employees shall receive evaluations after they have
been employed for a period not to exceed six (6) months, and
5/18/2004 Page 1 of 3 Section 2.09
annually thereafter prior to the City's new fiscal year. In addition,
employees who are promoted or transferred to a new position shall
receive a written evaluation after they have been in their new job for a
period of three (3) months.
Department Heads may request an extension of a provisionary period
from the Director of Human Resources. In certain situations, an
extension may be granted, not to exceed ninety (90) days. No
person shall be employed after the expiration of his/her provisionary
period unless he/she has been transferred to a regular full-time status
by the Department Head.
To ensure that an employee performs his/her job to the best of their
ability, it is important that employees be recognized for good
performance and that they receive appropriate suggestions for
improvement when necessary.
Each supervisor/department head is responsible for the timeliness of
a performance evaluation and the following factors, among others,
will be considered when evaluating employees:
• job description and essential functions,
• the demonstrated competencies listed in the job description,
• quality of work,
• productivity,
• knowledge,
• reliability
• attendance,
• initiative,
• care and use of tools and materials,
• adherence to policy,
• interactions with co-workers and public,
• judgment,
• safety,
• performance objectives, and/or the employee's attainment of
previously set objectives and goals as applicable.
5/18/2004 Page 2 of 3 Section 2.09
Written appraisals shall be prepared using the City's official
performance appraisal form. The appraisal should include the
supervisor's comments and recommendations, an action plan for both
the employee and supervisor, and performance goals for the next
evaluation period.
Provisionary employees, as all employees of the City, are "at -will"
and the City and employee each remain free to terminate the
employment relationship, with or without notice, for any reason or no
reason at all. Department Heads shall retain as regular full-time
employees only those employees who meet an acceptable level of
performance and behavior during the provisionary period.
5/18/2004 Page 3 of 3 Section 2.09
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CHAPTER
EMPLOYMENT
POLICIES
PRACTICES
2
AND
SECTION 2.10
OFF -DUTY
EMPLOYMENT
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Purpose
It is the policy of the City of Pearland to allow its employees to
engage in outside work or hold other jobs, subject to certain
restrictions as outlined below.
Discussion
A regular full-time employee's job with the City of Pearland is
considered to be his/her primary employment, therefore, the City of
Pearland requires that employee activities and conduct away from the
job must not compete or conflict with, or compromise its interests, or
adversely affect job performance and the ability to fulfill all
responsibilities to the City.
All exempt employees are strictly prohibited from soliciting or
conducting any outside job(s) during their regularly assigned working
hours for the City of Pearland, without the express consent of the City
Manager. All employees are also prohibited from performing any
services for customers on non -working time that are normally
performed by City personnel. This prohibition extends to the
u nauthorized use of any City tools or equipment and the unauthorized
u se or application of any confidential information.
All regular full-time non-exempt employees must obtain prior approval
from their Department Head before undertaking any outside
e mployment or other work activity. Certain key department heads,
managers, and technical personnel may be expected to devote all of
their working energies to the performance of their duties at the City of
Pearland, and, therefore, may not be eligible to accept paid outside
positions.
5/18/2004 Page 1 of 3 Section 2.10
Employees are cautioned to consider carefully the demands that
additional work activity will create before requesting permission to
seek or accept outside employment Off -duty employment will not be
considered an excuse for poor job performance, absenteeism,
tardiness, leaving early, refusal to travel, or refusal to work overtime
or different hours. If outside work activity causes or contributes to
job -related problems, it must be discontinued; and, if necessary,
n ormal disciplinary procedures will be followed to deal with the
specific problems.
Employee requests for approval to accept off -duty employment,
including self-employment, shall be submitted on the designated form
(Appendix), to the non-exempt employee's department head. The
request shall include any pertinent information about the outside
e mployer, the nature of the job, the hours of employment, and
potential conflicts with the primary job. The Department Head shall
forward the request to Human Resources stamped "approved" or
"disapproved". Failure on the part of an employee to notify the
supervisor of any outside employment may result in disciplinary
action, up to and including termination.
In evaluating requests for off -duty work of non-exempt employees,
department heads shall consider whether the proposed employment:
• may reduce the employee's efficiency in working for the City;
• involves working for an organization that does a significant
amount of business with the City, such as major contractors,
suppliers, or
• may adversely affect the City of Pearland's image.
Off -duty employment could represent a conflict of interest. If, in the
opinion of the department head, a conflict of interest or other problem
is identified, the employee shall be asked to terminate his/her outside
job. Failure to do so shall result in termination of employment with
the City of Pearland.
5/18/2004 Page 2 of 3 Section 2.10
Employees who have accepted off -duty employment may not use
paid sick leave to work on an outside job. Fraudulent use of sick
leave shall result in disciplinary action up to and including termination.
In some cases employees work for the City of Pearland on a part-
time basis and hold primary employment elsewhere. In those
instances, the employee is expected to comply with all work rules,
policies, and procedures of the City of Pearland when working at the
City.
5/18/2004 Page 3 of 3 Section 2.10
" 3
CHAPTER 2
EMPLOYMENT
POLICIES AND
PRACTICES
SECTION 2.11
PERSONNEL FILES
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Purpose
It is the policy of the City of Pearland to maintain personnel records
for applicants, employees, and past employees in order to document
employment related decisions, evaluate and assess policies, and
comply with government record -keeping and reporting requirements.
Discussion
The City of Pearland maintains "official" personnel files on each
employee in the Human Resources Office. These files contain
documentation regarding all aspects of the employee's tenure with
the City, such as performance appraisals, disciplinary warning
n otices, and letters of commendation. Medical records are maintained
separately in confidential files. Information maintained in the
confidential file is not public information and is only used in
accordance with the provisions of the Americans with Disabilities Act.
Employees may choose to disclose their home address and
telephone number to the public on request. If a new employee does
n ot request confidentiality within the first fourteen (14) days of
employment, the home address and telephone number on file are
considered public information. However, employees may change
their election for disclosure or confidentiality at any time.
Employees have a responsibility to keep their personnel records up to
date and should notify Human Resources in writing of any changes in
at least the following information:
• change in name,
• change in telephone number(s),
5/18/2004 Page 1 of 2 Section 2.11
• home address,
• marital status (for benefits and tax withholding purposes
only),
• number of dependents,
• beneficiary designations, and
• emergency contacts.
Employees who have a decrease in the number of dependents, or
marital status, must complete a new W-4 form within ten (10) days of
the change for income tax withholding purposes.
Employees may, during normal working hours, examine their own
personnel file in Human Resources. Inspections by employees must
be approved by Human Resources and shall be recorded in the file
inspected.
Employees shall refer all requests from outside the City of Pearland
for personnel information concerning applicants, employees, and past
employees to the Human Resources Department. Human Resources
will release personnel information only after obtaining the written
consent of the individual involved. Exceptions may be made to
comply with legal and/or safety information.
Excluding classified employees, exceptions may be made to release
limited general information, such as the following:
• employment dates,
• position held, and
• location of job site.
5/18/2004 Page 2 of 2 Section 2.11
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CHAPTER 2
EMPLOYMENT
POLICIES AND
PRACTICES
SECTION 2.12
DISABILITIES
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Purpose
It is the policy of the City of Pearland that employees who have a
disability, including those with infectious, long-term, life -threatening
or other serious diseases, may work as long as they are able to
perform the essential functions of their jobs with or without
reasonable accommodation and without significant risk of substantial
harm to the health or safety of the employee or others.
Discussion
Employees who are disabled, including without limitation those
afflicted with a serious disease, are to be treated no differently than
any other employee. (Serious diseases for the purposes of this policy
include, but are not limited to: cancer, heart disease, major
depression, multiple sclerosis, hepatitis, tuberculosis, human
immunodeficiency virus [HIV], and acquired immune deficiency
syndrome [AIDS])
An employee who is disabled and who requires an accommodation in
order to perform the essential functions of the job should request an
accommodation from his/her supervisor or Human Resources Such
employees may be asked to provide pertinent medical information.
The City of Pearland may require a medical examination as permitted
by law, including if an employee becomes disabled or if a disabled
employee has difficulty performing his or her job effectively.
The City of Pearland will maintain the confidentiality of the diagnosis
and medical records of employees with serious diseases, unless
otherwise required by law. Information relating to an employee's
serious disease will be treated as confidential under the ADA.
5/18/2004 Page 1 of 2 Section 2.12
The City of Pearland will comply with applicable occupational safety
regulations concerning employees exposed to blood or other
potentially infectious materials Universal precautions, work practice
controls, and personal protective equipment will be used where
appropriate to limit the spread of disease in the workplace.
Employees who refuse to work with or perform services for a person
known or suspected to have a serious disease, without first
discussing their concern with a supervisor, will be subject to
discipline. In addition, where there is little or no evidence of nsk of
infection to the concerned employee, the employee's continued
refusal may result in discipline, up to and including termination.
5/18/2004 Page 2 of 2 Section 2.12
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CHAPTER
COMPENSATION
POLICIES
3
SECTION 3.00
CLASSIFICATIONS
OF EMPLOYMENT
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Purpose
It is the policy of the City of Pearland to classify employees as full-
time, part-time, temporary, seasonal, and as exempt or non-exempt
for the purposes of compensation administration. In addition, the City
of Pearland may supplement the regular workforce, as needed, with
other forms of flexible staffing.
Discussion
The Human Resources Department is responsible for classifying
employees as Regular Full -Time, Part -Time, Temporary, or
Seasonal, and for the purpose of salary administration and eligibility
for overtime payments and employee benefits, non-exempt or
exempt. There are four (4) categones of at -will employment with the
City of Pearland.
Regular Full -Time Employee: A regular full-time employee
fills an authorized position for an indefinite period of time and is
expected to work a forty -hour workweek or a 9/80 schedule.
Full-time employees may be hourly or salaried, exempt or non-
exempt, as defined below. All are at -will with the exception of
Classified police.
Part -Time Employee: A regular part-time employee fills an
authorized position for an indefinite period of time and is
expected to work less than forty (40) hours per week. Part-time
employees may be hourly or salaried, exempt or non-exempt,
as defined below. All are at -will.
5/18/2004 Page 1 of 3 Section 3.00
Temporary Employee: A temporary employee is an
employee hired to work on a specific project or assignment for
a specific period of time. The temporary employee is at -will
during and after this specific period of time. In addition, there
are no expectations of continued employment beyond the
completion of the project or assignment for which the temporary
employee is originally hired, unless application is made for a
posted position and proceduresfor filling that position have
been followed. A temporary employee may be offered and may
accept a new temporary assignment with the City of Pearland
and still retain temporary status Such employees may work a
part-time schedule or a full-time schedule and may be "exempt"
or "non-exempt' as defined below.
Seasonal Employee: A seasonal employee is an individual
who has been hired to fill a position for a period of Tess than six
(6) months, usually during the summer months; May through
September Seasonal employees are paid on an hourly basis,
and are employed at -will during the period of employment.
The City of Pearland may use students and other similar
applicants for flexible staffing purposes, as allowed by law.
Minor applicants generally will be required to provide a
certificate of age, and must be at least sixteen (16) years of
age.
Non-exempt Employee: Referred to as "hourly" these are
employees who are subject to the minimum wage and overtime
provisions of the Fair Labor Standards Act ("FLSA') and are
paid on an hourly basis.
Exempt Employee: These employees are exempt from the
provisions of the FLSA and are not entitled to overtime
payments. Exempt employees typically are paid on a salary
basis and include administrative, executive, professional
employees, and highly —skilled computer professionals.
5/18/2004 Page 2 of 3 Section 3.00
The Human Resources Department is responsible for the staffing of
employees at the City of Pearland, including seasonal and temporary
employees from outside agencies Employees will be informed
during the initial formal interview of their employment classification
and of their status as an exempt or non-exempt employee. If an
employee changes positions during their employment as a result of a
promotion, transfer, or otherwise, he/she will be informed by the
Human Resources Department of any change in their exemption
status.
All employees, regardless of classification, are generally considered
to be employed "at -will" and may resign or are terminated at any time
and for any reason.
Questions regarding employment classification or exemption status
may be directed to Human Resources.
5/18/2004 Page 3 of 3 Section 3.00
'
CHAPTER 3
COMPENSATION
POLICIES
SECTION 3.01
SALARY
ADMINISTRATION
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Purpose
It is the policy of the City of Pearland to maintain a salary plan that is
nondiscriminatory and competitive. All compensation policy decisions
must take into consideration the City's overall financial condition and
competitive position. The salary plan for the City of Pearland is set
by the City Council. Rules governing pay increases are established
by the City Manager.
Discussion
The objectives of the City of Pearland's salary system are to:
• Maintain internal equity by objectively evaluating jobs to ensure
that a position's responsibilities are valued fairly relative to
others within the organization.
• Ensure external competitiveness by developing and maintaining
compensation levels that reflect market pay rates.
• Ensure that compensation actions are administered in a
manner to comply with legal requirements.
• Provide employees with information on the compensation
process, the overall pay structure and range for their jobs, and
the performance expectations.
• Provide flexibility in order that the system will remain
responsive to changes in the marketplace, the City and the
economic conditions within the City of Pearland and other
municipalities.
5/18/2004 Page 1 of 2 Section 3.01
The Human Resources Department is responsible for coordinating
the continuing internal review of all compensation and for making
certain that each job is evaluated and assigned a salary range. This
review should determine whether compensation accurately and fairly
reflects each individual's responsibilities and performance.
The Human Resources Department will, when considered
appropriate by the City Manager, conduct compensation surveys
covering other employers with similar jobs. This and other available
information shall be used to help set pay policy and to determine the
relative competitive position of the City's pay structure.
New employees generally will be hired at the starting rate assigned to
their salary range. Supervisors may recommend higher starting rates
depending on an applicant's experience or skill level or other
competitive considerations. These recommendations should be
reviewed and approved before implementation by the department
head and the Director of Human Resources. The City Manager shall
have final authority on appropriate classification of each job.
Overall compensation includes numerous non -cash benefits and the
City contributes to Social Security, unemployment insurance, and the
Texas Municipal Retirement System on each employee's behalf.
Employees who have questions about the City's salary administration
and benefits program should direct their concern to their supervisor,
department head, or the Director of Human Resources.
5/18/2004 Page 2 of 2 Section 3.01
CHAPTER 3
COMPENSATION
POLICIES
SECTION 3.02
WORK HOURS
ATTENDANCE
AND
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Purpose
It is the policy of the City of Pearland to establish the time and
duration of working hours as required by workload, customer needs,
the efficient management of personnel, and any applicable law.
Discussion
There are two official work schedules for all City of Pearland full-time
employees. Those working a "regular" schedule have a seven-day
workweek beginning at 12:01 a.m. on Saturday and ending at
midnight on the following Friday. Employees following the regular
schedule work eight (8) hour days, forty (40) hours per week.
Similarly, employees working a 9/80 schedule shall work eight nine -
hour days and one eight -hour day over a two -week period. 9/80
employees will have one weekday off (the "10th day") every other
week due to the eighty (80) hours being performed over a nine (9)
day period. Each employee shall schedule his/her tenth (10th) day
with his/her supervisor in advance of the applicable pay period.
Regardless of which schedule an employee works, the City of
Pearland pays wages to both exempt and non-exempt employees on
a bi-weekly basis. Supervisors will determine which schedule an
employee is to work, based on department need, and are responsible
for confirming that all non-exempt personnel are working the required
eighty (80) hours per pay period.
5/18/2004 Page 1 of 4 Section 3.02
Supervisors must ensure that there is adequate staff every day of the
week. Posted business hours for which the switchboard and City of
Pearland personnel are available are from 7:30 a.m. to 5:30 p.m.,
Monday through Friday, with a one -hour unpaid meal period, usually
taken between 11:00 a.m. and 2:00 p.m.
The department head shall determine working hours for part-time and
temporary employees, and shall inform employees of their daily
schedule of work hours including meal periods and changes in the
work schedules that are considered necessary or desirable by the
City of Pearland.
The City of Pearland expects all employees to practice good
attendance habits. All employees should regard coming to work on
time, working their shift as scheduled and leaving at the scheduled
time as essential functions of their jobs, (i.e., good attendance habits
are an integral part of every employee's job description). Non-
exempt employees are expected to work the full work period
established. Exempt employees are expected to be at work or
accessible at such times as will permit them to perform their duties
efficiently and to serve the public and assist co-workers in a timely
manner. Among other things, good attendance habits include the
following:
• Arriving at work no later than the start of the shift.
• Being at the assigned workstation ready for work by the
start of the shift.
• Remaining at the assigned workstation unless the needs
of the job require being elsewhere, except during
authorized breaks, including restroom breaks.
• Taking only the time normally allowed for breaks/lunch.
5/18/2004 Page 2 of 4 Section 3.02
• Remaining at work during the entire shift, unless excused
by a supervisor or manager.
• Not leaving work until the scheduled end of the shift
unless given advance permission by the supervisor or
department head.
• Calling in and personally notifying the supervisor or
another member of management if it is necessary to be
either absent or tardy, unless a verifiable emergency
makes it impossible to do so.
Whenever possible, offices shall remain open during the noon hour,
and lunch periods for employees may be staggered according to
specified requirements.
When a department head gives prior approval, employee attendance
at training lectures, and other meetings outside the normal workplace
will be considered hours of work and will be compensated.
Department heads, at their discretion, may allow non-exempt
employees to make-up lost time during a given workweek. However,
make-up will not be allowed if the lost time is the result of conditions
the employee could control, if there is no work the employee is
qualified to do, or if supervision is not available. Time records are to
reflect an accurate account of hours worked.
Variations in work hours may be permitted with approval, in writing,
by the department head, however, the written approval shall be
submitted to Human Resources for retention, and shall remain in
effect until written notification of a change is provided. All changes in
work schedules shall be announced to the employee and Human
Resources as far in advance as practicable.
5/18/2004 Page 3 of 4 Section 3.02
Department heads and/or supervisors may authorize overtime to non-
exempt employees as needed. Employees shall not work overtime
without the prior approval of their supervisor or department head. For
the purposes of overtime at time and one-half, hours worked in
excess of forty during a workweek will be counted except when sick
leave has been taken during the same workweek.
The Chief of Police shall determine schedules for Classified
employees.
5/18/2004 Page 4 of 4 Section 3.02
ac
CHAPTER 3
COMPENSATION
POLICIES
SECTION 3.03
RECORDING WORK
HOURS
INAS
P urpose
In keeping with Federal, State, and Local Laws, the City of Pearland
shall ensure that accurate records are kept of the hours actually
worked, including overtime hours where applicable.
Discussion
N on-exempt employees are required to complete an individual time
record showing the daily hours worked. Time records cover one
workweek and must be completed by the close of each workday.
Accurate records are necessary to ensure accruals are maintained,
and that employees are paid in a timely manner. In completing time
records:
• Non-exempt, hourly employees are required to complete an
individual time record, either by time clock or time sheet, and
shall record their starting time, quitting time, and total hours
worked for each workday.
•
• All work hours shall be monitored by supervisors to ensure that
employees are being paid appropriately. One hour, unpaid
leave, is the City's policy for meal breaks.
•
Employees are not permitted to sign in or begin work before
their normal starting time or to sign out or stop work after their
normal quitting time without the prior approval of their
supervisor.
• Unless the completion of a job dictates otherwise, employees
are required to take scheduled lunch or meal breaks.
5/18/2004 Page 1 of 3 Section 3.03
• Employee time records, and all applicable forms such as
"Requests For Time Off' and "Overtime Request/Approval"
forms shall be checked and signed by the supervisor involved.
Unworked time for which an employee is entitled to be paid,
such as paid absences, paid holidays, or paid vacation, shall be
e ntered by the supervisor or his/her designee on the time
record. Overtime shall also be identified by the supervisor.
•
Unapproved absences shall not be considered as hours worked
for pay purposes. Employees shall be informed when they will
n ot be paid for certain hours of absence.
• Filling out another employee's time record or falsifying any time
record is a breach of City policy and is grounds for disciplinary
action, up to and including termination.
City of Pearland personnel, who are classified as exempt, according
to the Fair Labor Standards Act, are not required to fill out hourly time
records but must account for daily attendance by informing their
immediate supervisor of the need to be out of the office. Exempt
employees will not receive overtime compensation, but occasionally
may, with the approval of their department head, be eligible for time -
off after working abnormally long hours. Unless authorized by the
City Manager, an exempt employee s absence of a full workday shall
be recorded as vacation, sick, authorized, or administrative leave.
Time records shall be submitted at the prescribed time. Records
shall be completed at the end of each day in order to maintain an
accurate and comprehensive record of the actual time worked.
Department heads, at their discretion, may allow non-exempt
employees to make-up lost time during a given workweek, if time is
accurately recorded. However, make-up will not be allowed if the lost
time is the result of conditions the employee could control, if there is
n o work the employee is qualified to do, or if adequate supervision is
n ot available.
5/18/2004 Page 2 of 3 Section 3.03
The policy of the City of Pearland is to keep overtime to a minimum.
However, the City of Pearland may request employees to provide
services in addition to normal hours or on weekends or holidays. In
such instances the department head or supervisor must approve all
overtime in advance. Overtime is defined as hours worked in excess
of forty (40) hours per seven-day workweek.
5/18/2004 Page 3 of 3 Section 3.03
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,
CHAPTER 3
COMPENSATION
POLICIES
SECTION 3.04
METHOD OF PAY
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P urpose
It is the policy of the City of Pearland to pay employees by paper
check or direct deposit on a regular basis and in a manner so that the
amount, method, and timing of wage payments comply with any
applicable laws or regulations.
Discussion
P aydays are biweekly, on Wednesdays, and employees shall receive,
in addition to their check or deposit notice, a statement showing gross
pay, deductions, net pay, and accruals. The Finance Department will
make deductions that are required or allowed by law from employee's
pay Such deductions include:
• Court ordered payments
• Payroll taxes
• Federal income tax
• Social Security
• Retirement contributions
Employees may elect to have additional voluntary deductions taken
from their pay only if requests are produced in writing, and authorized
by the Director of Human Resources. Such deductions must be
properly documented. In accordance with policies and general
procedures approved by the City Council, authorized deductions from
an employee's pay may include:
• Group health/medical, life, or dental premiums for dependents,
• Section 125 Plan; Wellness Screenings, (as offered),
• Credit Union,
5/18/2004 Page 1 of 2 Section 3.04
• Child Support,
• United Way, and/or
• Any other deductions as may be authorized by the Director of
Human Resources.
No salary advances or loans against future salary will be made to any
employee for any reason.
When a discrepancy such as overpayment, underpayment, or
incorrect payroll deductions is discovered, employees should
immediately notify the Finance Department. Errors will be remedied
promptly. In the case of Toss or theft, the Finance Department will
attempt to stop payment on the check and re -issue a new one to the
employee, however, employees are solely responsible for any
monetary loss, including any charges incidental to stopping payment,
and the City will not be responsible for the loss or theft of a check if it
cannot stop payment on the check.
If there is a change in the employee's family status, address, or other
factor affecting his/her payroll withholding, the employee is
responsible for obtaining, completing, and returning the appropriate
forms communicating these changes to the Human Resources
Department within thirty (30) days of the occurrence.
5/18/2004 Page 2 of 2 Section 3.04
CHAPTER 3
COMPENSATION
POLICIES
SECTION 3.05
OVERTIME FOR
NON-EXEMPT
EMPLOYEES
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P urpose
Executive, administrative, and professional employees as defined by
the Fair Labor Standards Act (F L S A) are exempt from the overtime
provisions of the F L S Al and are expected to render necessary and
reasonable overtime services with no additional compensation. The
salaries of these positions are established with this assumption in
mind.
Discussion
N on-exempt employees are compensated for overtime worked by
payment at the rate of one and one-half times the employee s regular
hourly rate for all time worked in excess of forty (40) hours, to the
n earest quarter hour. For overtime purposes, vacation is considered
hours worked. Non-exempt employees may elect to be compensated
for their overtime or may accrue compensatory hours at the rate of
one and one-half times the regular hours worked. At the time of
termination, all compensatory hours shall be paid in full to the
e mployee (Appendix).
Overtime that has not been certified as approved and necessary by
the supervisor shall be paid, and the employee shall receive a
warning that all future overtime must be approved for payment.
Further, any additional hours of overtime worked without approval
shall result in disciplinary action, up to and including termination.
Call -out and On -call Pay
The City of Pearland recognizes that there are times when an
e mployee may be contacted to report back to the job to resolve an
issue that has manifested itself after hours, or on the weekend.
5/18/2004 Page 1 of 3 Section 3.05
When this occurs, non-exempt employees shall be granted a
minimum of four (4) hours of "call -out" pay for reporting back to work
outside of their normal working hours. When the employee works
beyond the four (4) hour call -out period, he/she shall be paid for the
full amount of hours worked, to the nearest quarter. If the employee
is called out, finishes the job in Tess than four (4) hours, returns home
and is later called out a second time, beyond the original four (4)
hours, an additional four (4) hours shall be paid If, however, the
employee is still working during the first call -out, or, the employee is
in route to their home but has not yet arrived and is within the initial
four (4) hour period, the time shall be considered part of the original
call -out, and shall not entitle the employee to an additional four (4)
hours.
Employees scheduled to be available for on -call during off duty hours,
shall be provided a pager to allow freedom of movement during this
period. No compensation will be due unless the employee is called
back to duty.
Accumulation and Use of Compensatory Time
All City of Pearland employees, other than exempt and seasonal
e mployees, shall have the option of selecting compensatory (comp)
time for payment of approved overtime in lieu of cash.
Compensatory time shall be calculated at one and one-half (1.5)
hours of comp time for each hour of approved overtime worked.
Compensatory time must be provided in accordance with an
agreement or understanding between the employer and the
e mployee. The agreement shall be in writing and signed by the
e mployee and the City Manager or his/her designee. The agreement
shall be established with new employees at the time the employee is
hired. It shall be noted that the agreement is not contractual in
n ature, and is subject to revision from time to time. Human
Resources shall maintain all compensatory time -off agreements and
Finance shall maintain all compensatory time records.
5/18/2004 Page 2 of 3 Section 3.05
Limits of Accrual
Non-exempt Classified employees (Police) may accumulate up to 480
hours of unused comp time (320 hours of actual overtime hours
worked) in a comp time bank.
All other non-exempt employees may accumulate up to 240 hours of
comp time (160 hours of actual overtime worked).
Once the maximum number of hours is banked, the employee in
question shall be paid cash overtime until the employee reduces the
accumulated comp time by taking time off or by cash payment.
An employee who has accrued comp time has the right to request the
use of those hours at any time with appropriate notice. The
supervisor must allow for the use of accumulated comp hours within a
reasonable period after the request is made, unless the employee's
absence from work would "unduly disrupt" the operations of the City.
The City of Pearland does maintain the right to require employees to
use their comp time during periods when the workload is light.
Cashing Out Accrued Compensatory Time
There are two situations in which the City of Pearland will "cash out"
hours that have accumulated in an employee's comp time account:
The City may require non -classified, non-exempt employees to
"cash out" their comp account to a balance of no Tess than 20
hours on an annual basis (to be determined by the Finance
Department), and
• Upon termination of the employment relationship, the
compensatory time account shall be "cashed out".
5/18/2004 Page 3 of 3 Section 3.05
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1
CHAPTER 3
COMPENSATION
POLICIES
SECTION 3.06
LONGEVITY
PAY
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Purpose
It is the intent of the City of Pearland to pay all full-time employees, in
addition to all other money paid for services rendered, longevity pay
at the rate of $4.00 per month for each year of service with the City.
Discussion
All regular full-time employees, in addition to their base salary, shall
accrue monthly longevity pay computed for each full year of actual
continuous service with the City, provided that no such longevity pay
shall accrue prior to the completion of one year of actual employment
with the City of Pearland. In computing such actual continuous
service, time spent on authorized absence for military leave to serve
in the Armed Forces of the United States shall be included and time
spent on any other authorized absence that does not exceed three
months shall be included. If an authorized non-military leave exceeds
three months, that portion exceeding three months.. shall not be
counted in computing actual continuous service for the purpose of
calculating longevity pay.
An employee who leaves the service of the City of Pearland must
have worked through the fifteenth (15th) day of the month in order to
earn longevity pay for that month.
Longevity pay shall be paid once annually at a time determined by
the City of Pearland.
An employee who leaves the service of the City shall be deemed to
have only accrued longevity pay at the rate of four (4) dollars per
month for each month of employment since the last day that the City
paid longevity pay to all employees.
5/18/2004 Page 1 of 2 Section 3.06
Any regular full-time non -classified employee who resigns and is paid
longevity pay, shall not be reinstated or re-employed within ninety
(90) days of the original separation by the City of Pearland in the
same position, with seniority unless said employee reimburses or
repays to the City all said amounts paid to him/her at the time of the
separation.
5/18/2004 Page 2 of 2 Section 3.06
E
CHAPTER 3
COMPENSATION
POLICIES
SECTION 3.07
PAY FOR
PERFORMANCE
APPRAISALS
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Purpose
It is the intent of the City of Pearland to use performance reviews as a
tool to ensure that all employees in the organization understand that
there is a direct connection between their performance and the
achievement of the City of Pearland's goals.
Discussion
Performance appraisals, used to their maximum benefit, are the
means by which employees in the organization understand and are
held accountable for meeting important objectives.
The City of Pearland shall require supervisory personnel to conduct
written performance reviews and a personal evaluation interview
upon the occasion set forth in the policy in Section 2.09,
"Provisionary Period and Performance Reviews":
• Three (3) months following employment and not to exceed the
initial four (4) months,
• Three (3) months following a transfer or promotion,
• Three (3) months following an assignment with a new
supervisor,
• In conjunction with the annual Pay For Performance (PFP)
review, and/or
• As part of a performance improvement plan or progress
appraisal.
Performance review records are maintained in each employee's
official personnel file in Human Resources.
5/18/2004 Page 1 of 2 Section 3.07
Annually, employees who have served a minimum of six (6)
consecutive months in a position may be eligible to receive a Pay For
Performance (PFP) Appraisal.
Information derived from the performance review may be considered
when making decisions affecting training, pay, promotion, transfer,
and/or continued employment.
5/18/2004 Page 2 of 2 Section 3.07
1
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CHAPTER 3
COMPENSATION
POLICIES
SECTION 3.08
SEPARATION AND
SEPARATION PAY
Fa- T1
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P urpose
It is the intent of the City of Pearland to provide "separation pay",
which is measured by the value of certain accrued and unused paid
time off, to regular full-time employees at the time of their separation.
These employees must have completed a minimum of one (1) full
year of continuous service with the City of Pearland provided that
certain exceptions apply.
Discussion
Regular full-time employees who have completed a minimum of one
(1) year of continuous service and leave the employment of the City
of Pearland, shall receive pay at separation for:
• All unused vacation time up to the date of separation,
retirement or death, and
• All unused and accrued sick leave time earned, not to exceed
seven hundred twenty (720) hours.
Any regular full-time non -classified employee who resigns in good
standing and is paid separation pay and/or longevity pay (See
S ection 3.06) shall not be reinstated or re-employed within ninety (90)
days of the original separation by the City of Pearland in the same
position, with seniority, unless said employee reimburses or repays to
the City, all of the said amounts paid to him/her at the time of the
separation.
5/18/2004 Page 1 of 3 Section 3.08
The effective date of separation for employees shall be the last day of
actual work. The last day of work for this purpose shall not be a
vacation day, sick day, comp day, holiday, designated holiday, or any
other day off with pay.
Prior to receiving separation pay, all City of Pearland owned credit
card(s) must be returned to the Finance Department; all keys to City
of Pearland vehicles and buildings must be returned to the
department head/supervisor, in addition to:
• I . D badges,
• Uniforms,
• Boots,
• Gloves,
• Raincoats,
• Goggles,
• Cell phones,
• Pagers,
• Radios,
• Laptops,
• Special equipment including instructional books, and
• Employee Handbooks.
Charges for unreturned City property will be deducted from the final
paycheck by the Finance Department as defined by agreement
executed in the orientation process, during employment or prior to
payment of the final paycheck.
In addition, the separating employee must be leaving for reasons
other than:
• Drinking of intoxicants or illegal drug use while on the job,
5/18/2004 Page 2 of 3 Section 3.08
• Theft,
• Workplace violence, and
• Conviction of a felony.
Employees shall, on or before the final day of employment, return to
the supervisor or department head, all City of Pearland property that
has been issued to him/her during the course of the employment.
The department head or supervisor shall provide the employee with
an approved checklist to be presented to Human Resources at the
time of the exit interview, indicating the return of each item.
An exit interview shall be conducted by the Human Resources
Department on the departing employee's last day of work. It is the
responsibility of the employee to make arrangements for the exit
interview and the disposition of his/her last paycheck Direct deposit
is not available for final paychecks.
A terminating employee may obtain their final payroll check from the
Human Resources Department on the first payday following the
termination date, except in the event of a dismissal, in which case the
departing employee's payroll check will be available within seventy
two (72) hours of the separation.
Final payroll checks will include all earned pay and any expenses due
to the employee.
5/18/2004 Page 3 of 3 Section 3.08
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CHAPTER 4
TIME -OFF
BENEFITS
SECTION 4.00
VACATIONS
T X A 5
Purpose
It is the policy of the City of Pearland to provide for annual vacations
with pay to regular full-time employees in accordance with the
guidelines established below.
Discussion
Regular full-time employees shall be entitled to paid vacation leave
based on their length of service with the City of Pearland. An
employee is entitled to accrue vacation time during the first year of
employment. Regular full-time employees are entitled to vacation
hours as follows:
From
1styear anniversary
16 year anniversary
20th year anniversary
To the Completion of
the 15th year
the 19th year
employment
Annual Vacation
120 hours
160 hours
200 hours
Employees are strongly encouraged to use their accrued vacation.
Generally, employees must submit vacation plans to their supervisor
at least four weeks in advance of the requested vacation date.
Management reserves the right to designate when some or all
vacation time is taken. Supervisors are responsible for ensuring
adequate staffing levels and should attempt, when feasible, to resolve
conflict based on length of service. An employee, who wants to
change their vacation plan(s) after a schedule has been set, shall
lose their seniority consideration.
5/18/2004 Page 1 of 2 Section 4.00
Employees who are unable to use their vacation time due to
departmental scheduling or staffing problems, may, with the
approval of the City Manager, carry over fifty (50%) percent of the
unused vacation, or, receive compensation for a maximum of forty
(40) hours. Requests to carry over vacation, or to receive
compensation in lieu of vacation may be made on the City's official
request form (Appendix) and submitted to Human Resources no
sooner than six (6) weeks of pending anniversary date.
Employees who are entitled to a vacation of one -hundred twenty
(120) hours may take their full vacation at one time. Those who are
entitled to a vacation of more than one -hundred twenty (120) hours
may take a maximum of three (3) weeks consecutively, with the
balance to be taken separately as full weeks or as individual days.
In the event that a City observed holiday falls within a scheduled
vacation period, the hours for that holiday will not count as vacation
hours Vacation time may be taken in hourly increments as long as
the period selected meets with departmental approval and is
recorded as hours. Increments of Tess than one (1) hour may not
be taken as vacation.
Other than a military leave of absence, all employees on a leave of
absence are required to use all accrued paid vacation time as part of
the leave, as specified in Section 4.06. In addition, employees on
unpaid leave of absence will not accrue any new vacation time during
the leave.
Payment in lieu of vacation will be made for accrued unused vacation
at the time of separation, in the event that separation requirements
are met.
5/18/2004 Page 2 of 2 Section 4.00
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CHAPTER 4
TIME -OFF
BENEFITS
SECTION
HOLIDAYS
4.01
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! X A S
Irby
Purpose
It is the policy of the City of Pearland to designate and observe
certain days each year as holidays. Eligible employees will be given
a day off with pay for each holiday observed. In order to be eligible
for holiday pay, an employee is required to work their regularly
scheduled hours the workday preceding the holiday and the workday
following the holiday. An approved vacation day, designated holiday,
or compensatory time taken is considered hours worked for the
purpose of holiday pay eligibility and overtime pay. However, before
holiday pay can be received, employees who have taken any sick
time immediately before and/or immediately following a holiday must
submit a doctor's excuse upon their return to work, verifying that sick
leave was necessary.
Discussion
The City of Pearland recognizes the following holidays:..
New Year's Day
Good Friday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Eve
Christmas Day
*Designated Holidays
January 1
Friday before Easter
Last Monday in May
July 4
First Monday in September
Fourth Thursday in November
and the following Friday
December 24
December 25
Two days, referred to as
designated holidays, the date of
which are to be determined on an
individual basis between the
supervisor and the employee.
5/18/2004 Page 1 of 3 Section 4.01
*In addition to providing paid time off for the City observed holidays,
the City of Pearland permits regular full-time employees to take up to
two (2) paid personal days (designated holidays) annually.
Designated holidays may be taken after an employee has
successfully completed the provisionary period, and must be taken in
increments of no Tess than eight (8) hours, for those employees
working the forty (40) hour work week, or nine (9) hours for
employees working the 9/80 schedule.
Holidays falling on a Saturday are observed on the preceding Friday.
Holidays falling on Sunday are observed on the following Monday.
To each regular full-time employee on the forty (40) hour work
schedule, the City shall pay eight (8) hours of holiday pay for each
holiday, including the two (2) des gnated holidays When a City -
observed holiday and a regular full-time, forty (40) hour per week
employee's scheduled day off occur on the same day, the employee
will be entitled to an alternate day off within a reasonable time.
To each regular full-time employee on the 9/80-work schedule, the
City shall pay nine (9) hours of holiday pay for each holiday, including
the two (2) designated holidays. Exceptions to this rule are when the
holiday falls on a Friday and/or when an employee wishes to take a
Designated Holiday on their eight (8) hour Friday. In both events, an
employee will be paid eight (8) hours for the holiday. When a City -
observed holiday and a 9/80 employee's regular scheduled day off
occur on the same day, the 9/80 employee will be entitled to an
alternate day off within the same pay week, with the approval of the
supervisor. If an alternate day off is not approved, the employee will
receive regular pay, which may lead to overtime for that week.
Any regular full-time employee who is required to work on a City -
observed holiday shall be paid at their regular base rate of pay for the
5/18/2004 Page 2 of 3 Section 4.01
actual time worked, and in addition, the holiday. The employee may,
with the approval of the department head, choose an alternate day off
instead of receiving pay for the actual time worked If the total
number of hours for the week exceed 40, and do not include sick
leave, overtime will be due.
An employee who schedules a Designated Holiday with a supervisor
and is later required to work on that day, will be paid at their regular
base pay for the actual day worked, and will be allowed to select a
different Designated Holiday.
5/18/2004 Page 3 of 3 Section 4.01
'
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iTIME-_
CHAPTER 4
BENEFITSO FF
SECTION 4.02
BEREAVEMENT
LEAVE
r Fa= i
XA
Purpose
It is the policy of the City of Pearland to permit employees to be
absent from work on an authorized short-term basis for a death,
funeral, or estate settlement in the employee's immediate family. To
help employees maintain their income during these absences, the
City of Pearland will provide compensation according to the
guidelines below.
Discussion
With supervisor authorization, regular full-time employees may be
given up to three days per year of paid bereavement leave in the
event of a death in an employee's immediate family. The amount of
paid time off shall be directly related to the number of hours in the
employee's regularly scheduled work day, therefore, an employee on
the regular schedule will receive 24 hours (3 days), an employee on
the 9/80 schedule will receive 27 hours (3 days), a 12-hour employee
will receive 36 hours (3 days), and those employees on a 24-hour
schedule will receive 72 hours (3 days).
In the event of a death of a relative who is not a member of the
immediate family, the employee's supervisor may authorize up to one
full day of paid leave.
In the event that an employee needs more time to grieve and/or deal
with estate settlement, vacation may be approved, or unpaid leave
may be allowed for the death of immediate family.
5/18/2004 Page 1 of 2 Section 4.02
For purposes of bereavement leave, the immediate family includes
the following.
S pouse
Child
P arent
Brother
S ister
Grandparent
Grand Child
Mother -In -Law
Father -In -Law
Son -In -Law
Daughter -In -Law
A relative who has maintained residence within the employee's
household prior to death. This list also refers to "adopted",
"step", and "foster" relationships, where official records can be
provided.
The terms and reasons for the leave shall be documented on the
Request For Leave form and may be approved for paid bereavement
leave when employees have submitted a notice of death from a
newspaper, a funeral brochure, or a similar document.
5/18/2004 Page 2 of 2 Section 4.02
'
'
CHAPTER 4
TIME -OFF
BENEFITS
SECTION 4.03
JURY AND
"'
Fa
WITNESS DUTY
LEAVE
r
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A
Purpose
It is the intent of the City of Pearland to provide wages to employees
when absent from work because of service as a juror or as required
by court subpoena, except when the employee is a "party in interest"
in a court proceeding either directly or indirectly, and/or when an
employee is a relative of any party to the court proceedings involving
a monetary benefit to that relative.
Discussion
Regular full-time employees who are summoned to jury duty are
entitled to paid leave for an active period of jury duty up to a
maximum of fifteen (15) working days per calendar year. Any stipend
received from the court for such service may be retained by the
employee. Part -Time employees will be granted leave without pay for
jury duty.
When an employee has fulfilled the reason for Jury Duty Leave on a
particular day, he or she must report to work for the remainder of the
workday.
In order to qualify for paid leave, supervisors must be notified in
advance of any request for Jury Duty Leave and a Request For Time
Off form shall be accompanied by any relevant summons or
subpoena. In addition, proof of service must be submitted to the
supervisor when jury or witness duty is completed.
A regular full-time employee, who is subpoenaed as a witness in an
official City proceeding, shall receive regular pay for the time they are
called to provide testimony. A copy of the subpoena shall be
provided to the supervisor and filed in the employee's personnel file.
5/18/2004 Page 1 of 2 Section 4.03
The City of Pearland shall make no attempt to have an employee's
service on a jury postponed, except when business conditions
necessitate such action.
Employees who are required to be in court due to an infraction of the
law or for personal issues such as divorce proceedings, etc., shall be
required to use accrued leave for time away from work.
5/18/2004 Page 2 of 2 Section 4.03
CHAPTER 4
TIME -OFF
BENEFITS
SECTION 4.04
SICK LEAVE
15
t.
Purpose
It is the policy of the City of Pearland to permit employees to be
absent from work on an authorized short-term basis for illness or
injury. To help employees maintain their income during these
absences, the City of Pearland will provide compensation according
to the guidelines below.
Discussion
The City of Pearland recognizes that inability to work because of
illness or injury may cause economic hardship. For this reason, the
City provides paid sick leave to regular full-time employees who have
completed a minimum of ninety (90) days of continued employment,
as set forth below:
Regular full-time employees accrue sick leave at the rate of ten (10)
hours per month to a maximum of 120 hours per year. New
employees are not allowed to use sick leave until they have worked
ninety (90) days of continuous employment. Accumulated sick leave
is the difference between sick leave earned and sick leave taken.
In order to receive paid sick leave, an employee shall communicate
with his/her immediate supervisor or department head within the first
half-hour of the regular work day on each day of absence, unless
extended medical leave, such as FMLA, has been requested,
properly submitted, and granted by the Director of Human Resources
as an authorized "serious health condition".
Upon returning to work after a period of sick leave, the employee
shall submit a signed "Request for Time -Off' form confirming the
5/18/2004 Page 1 of 3 Section 4.04
number of hours that have been taken as "sick". Verification of illness
by a doctor shall be required for all instances of illness exceeding two
(2) consecutive workdays. Verification shall be provided to the
Human Resources Department the day the employee returns to work.
Failure to provide verification will result in a payroll deduction for the
time missed.
An employee's absence due to illness in the immediate family,
doctor's appointment, outpatient treatment and other similar
absences may be charged as sick leave. However, if the leave
exceeds two (2) consecutive workdays, verification of illness shall be
provided to the Human Resources Department on the day the
employee returns to work.
Sick leave hours may accrue to an indefinite amount, so as to protect
an employee from a catastrophic illness or injury. However, accrued
sick leave, not exceeding seven hundred twenty (720) hours, is the
maximum that will be paid at the time of termination of employment.
In the event that an employee is absent due to illness for more than
three (3) consecutive days, he/she will be placed on provisional
Family/Medical Leave and forms will be sent to the employee for
verification. If the forms are returned showing the need, FMLA will be
designated; if forms do not confirm the need, the provisional
designation expires.
In the event an employee is absent due to a scheduled vacation, the
employee will be allowed no sick leave for the scheduled vacation
period. The City Manager may grant exceptions in cases of
emergency. However, in these situations, a physician's report shall
be necessary. In addition, once an employee's scheduled designated
holiday has started, an employee will not be allowed to change to
"Sick" leave.
When an employee has exhausted all earned sick leave, he/she may
elect to use earned vacation as sick leave. When absence due to
5/18/2004 Page 2 of 3 Section 4.04
illness exceeds the amount of sick leave and/or vacation time; pay
shall be discontinued until the employee returns to work.
Employees may be placed on "Physical Report Status" by their
supervisor when abuse of medical (sick) leave is observed.
Placement on "Physical Report Status" is likely to occur when
employees have used 40 or more hours of sick leave within any six-
month period, excluding FMLA. This status requires the employee to
bring a doctor's excuse for every instance of Sick Leave taken for the
next six months. Having been placed on "Physical Report Status"
shall take points from an employee's performance rating and shall be
used only when a supervisor believes that abuse of medical leave is
occurring.
Prior to being placed on "Physical Report Status", an employee
will be notified by their supervisor that abuse is suspected,
documentation of abuse will exist, the designation of "Physical Report
Status" will be authorized by the Director of Human Resources, and
served by official notice to the employee.
5/18/2004 Page 3 of 3 Section 4.04
'
��
CHAPTER 4
TIME -OFF
BENEFITS
SECTION
FAMILY
MEDICAL
4.05
AND
LEAVE
" - `'°
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I x A s
Purpose
It is the intent of the City of Pearland to grant employees extended
leaves of absence under certain circumstances. Except as stated
below employees will not receive compensation during an extended
leave of absence.
Discussion
The City of Pearland will comply with the provisions of the Family and
Medical Leave Act, regarding the rights and obligations of employees,
notification requirements, and the City of Pearland's obligations.
An employee may be eligible for Family and Medical Leave if he/she
has completed at least one (1) year of service and worked a minimum
of 1,250 hours during the period before the leave begins. The
granting and duration of each leave of absence and the
compensation received by the employee, if any, during
Family/Medical Leave will be determined by the City of Pearland in
conjunction with applicable federal and state law.
The following types of leaves will be considered:
• Medical Leave of Absence for a Serious Health Condition:
Eligible employees who are unable to work because of a
serious health condition, disability, or work -related injury may
be granted a medical leave of absence. This type of leave
covers disabilities caused by pregnancy, childbirth, or other
related medical conditions that cause an employee to be absent
from work over three (3) days. The City of Pearland requires
certification from the employee's health care provider of an
5/18/2004 Page 1 of 3 Section 4.05
e mployee's need for leave. Failure to submit a timely request
for Family Medical Leave when more than three (3) consecutive
days have been missed from .work, will not prevent an
e mployee from being placed on FMLA.
• Parental Leave of Absence: Eligible employees may be
granted a leave of absence to care for the employee's child
u pon birth or to care for a child upon the child's placement with
the employee for adoption or foster care.
• Family Leave of Absence: Eligible employees may be
granted a leave of absence for the purpose of caring for the
e mployee's child, spouse, or parent who has a serious health
condition. The City of Pearland requires certification from the
family member's health care provider regarding the serious
health condition, both before the leave begins and on a periodic
basis thereafter. ,
A request for any leave of absence or any extension of leave shall be
submitted in writing to the Human Resources Department at least ten
(10) working days prior to the start of the requested extension period.
When the need for an extension is not foreseeable, employees
should give notice as soon as the need is realized.
Employees on approved Family and Medical Leave are expected to
report any change of status. in their need for leave, or in their intention
to return to work to the Director of Human Resources.
Employees may use accrued leave (i.e. sick, vacation, and/or
designated holidays) while away from work on Family and Medical
Leave. An employee may use comp time for extended absences
with the approval of his/her supervisor, however, the time will not
reflect against their FMLA calendar, according to FMLA Regulations.
The City of Pearland will provide health insurance and other benefits
to employees on leave, as required by law. Arrangements shall be
5/18/2004 Page 2 of 3 Section 4.05
made with Human Resources regarding payment of dependent
insurance coverage during the leave of absence. Vacation and sick
hours do not accrue during periods of unpaid leave or during periods
in which the employee is receiving only workers compensation
benefits.
Employees returning from a leave of absence will be reinstated to
their same job or to an equivalent job with equivalent status and pay,
as required by law. Employees returning from a serious health
condition must provide certification of their ability to perform the
functions of the job.
Employees on Family and Medical Leave may not perform work for
any other employer during that leave. Failure to comply with this rule
shall result in termination. If an employee fails to return to work at the
conclusion of approved Family and Medical Leave, including any
extension of the leave the employee will be considered to have
voluntarily terminated employment.
For information regarding the Family and Medical Leave Act, contact
the Human Resources Office (Appendix).
5/18/2004 Page 3 of 3 Section 4.05
:fikriCt's
.,
CHAPTER 4
BENEFITS
TS
SECTION
OF
4.06
LEAVE
ABSENCE
T
1 X A 5
P urpose
It is the intent of the City of Pearland to grant a military leave of
absence when an employee is absent in order to serve in the
u niformed services of the United States.
Discussion
In the event an employee is absent in order to serve in the uniformed
services of the United States, the City of Pearland may grant a
military leave of absence provided the employee complies with the
U niformed Services Employment Reemployment Rights Act
(USERRA). An employee is eligible for military leave beginning the
first day of employment.
Employees who perform and return from service in the Armed
Forces, the Military Reserves, or the National Guard will retain certain
rights with respect to reinstatement, seniority, layoffs, compensation,
length of service promotions, and length of service pay increases, as
required by applicable federal or state law.
Employees with a minimum of one (1) year or more of service as an
employee at the City of Pearland will be eligible for pay during
participation in annual encampment, training duty in the U S Military
Reserves or the National Guard, and when called up for extended
duty. In these circumstances, the City of Pearland will pay the
difference between what an employee earns from the government for
military service and what the employee would have earned from
n ormal straight -time pay on the job. This difference will be paid for up
to thirty (30) days in a calendar year.
5/18/2004 Page 1 of 1 Section 4.06
1
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CHAPTER 5
GROUP HEALTH
AND RELATED
BENEFITS
SECTION 5.00
INTRODUCTION
TO EMPLOYEE
BENEFITS
n
r
i
s r
Purpose
The City of Pearland has established a variety of employee benefit
programs designed to assist the employee and their eligible
dependents in meeting the financial burdens that can result from
illness, disability, death, plans for retirement, job -related or personal
problems, and enhancement of employee job -related skills.
Discussion
The City of Pearland pays the cost of these various plans for each
regular full time employee, and each employee may purchase health
care insurance at the group rate for immediate family members who
qualify. Participation in the insurance program is contingent on
meeting all eligibility standards and acceptance through official
enrollment.
The City of Pearland reserves the right to modify, terminate, suspend
or cancel the plan(s) when, in the opinion of management,
circumstances warrant.
Benefit schedules and other details of the programs are available
from your group insurance booklet, which is provided to each
employee when insurance coverage takes effect. The provisions of
this policy and handbook do not modify the descriptions of the
benefits provided by the City through third parties and contained in
those booklets.
Regular full-time employees, who have been covered for health
benefits and leave the City of Pearland for any reason, have the right
5/18/2004 Page 1 of 2 Section 5.00
under the federal COBRA statute to continuation of coverage on a
temporary basis with the current group health insurance plan,
provided that the employee pays for the full cost of such benefits.
The City of Pearland pays the full cost of workers' compensation
insurance and unemployment compensation benefits. The City also
matches the amount of social security/Medicare taxes deducted from
the employee's paycheck and sends these total amounts to the U S
government.
Additionally, the City of Pearland pays the amount deducted from the
employee's check for income taxes to the appropriate federal and
state agencies.
5/18/2004 Page 2 of 2 Section 5.00
CHAPTER 5
GROUP HEALTH
AND RELATED
BENEFITS
SECTION
WORKERS'
COMPENSATION
INSURANCE
5.01
',
'
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i X
Purpose
In accordance with the Texas State Workers' Compensation Act, the
City of Pearland carries an insurance policy providing for physical
injury and Toss of work time to an employee who sustains an injury on
the job.
Discussion
The amount of benefits payable and the duration of payment depend
upon the nature of the injury, and are determined by the insurance
carrier. In general, all medical expenses incurred in connection with
an ono -the -job -injury are paid in full, and partial salary payments are
provided beginning with the eighth (8) consecutive day of absence
from work.
Employees who suffer any work -related injury, no matter how minor,
shall immediately seek medical attention. If the injury or illness is not
serious, they shall immediately report the incident to their supervisors
who will then arrange referral for examination, treatment, and
recording of the incident as necessary.
Prompt reporting will ensure that the City is able to assist in obtaining
appropriate medical treatment for the employee. Failure to follow this
procedure may result in improper filing of the workers' compensation
report, causing delay in payment or jeopardizing an employee's right
to benefits in connection with the injury (Appendix).
Questions regarding workers' compensation insurance shall be
directed to the Human Resources Department.
5/18/2004 Page 1 of 1 Section 5.01
�"
CHAPTER 5
GROUP HEALTH
AND RELATED
BENEFITS
SECTION 5.02
RETIREMENT
"
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1
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>
Purpose
It is the policy of the City of Pearland to provide employees with an
adequate and dependable retirement program through the Texas
Municipal Retirement System (TMRS).
Discussion
Participation in the TMRS program is compulsory for all regular full-
time employees and requires a contribution of the salary of each
regular full-time employee member, which is deducted from the
employee's paycheck.
An employee may retire when they have at least five (5) years of
service credit and are at a minimum of age sixty (60). Retirement
may also begin at any age if an employee has twenty (20)
consecutive years of service credit with TMRS
At retirement, an eligible employee will choose one (1) of several
possible payment options, through TMRS, to receive a monthly
benefit for the remainder of the employee's and beneficiary's life.
Retirement benefits will be calculated on the combined contributions
of the employee and the City.
If an employee leaves the City of Pearland prior to retirement, they
may apply for a refund of their deposits and interest. The City of
Pearland's matching funds will not be applied in this event, and the
employee's membership in TMRS will end.
5/18/2004 Page 1 of 2 Section 5.02
Medical Insurance for Retirees
The City of Pearland currently provides medical insurance through its
selected insurance carrier, to retirees and/or retiree dependents. To
qualify for retiree's medical insurance the retiree must have a
minimum of ten (10) years of continuous service with the City of
Pearland and be sixty (60) years of age, or, an employee may qualify
to receive health benefits coverage if they retire at any age, and have
a minimum of twenty (20) years of continuous service with the City of
Pearland. The City reserves the right to change or terminate this
benefit as necessary.
Retiree's and/or their dependents shall pay 100% of the premium for
medical coverage.
5/18/2004 Page 2 of 2 Section 5.02
S'f'
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CHAPTER 5
GROUP HEALTH
SECTION
DONATED
LEAVE
5.03
SICK
AND RELATED
BENEFITS
II
X A S %
Purpose
The City of Pearland recognizes that from time to time, situations
anse wherein an employee may not have enough sick hours to allow
paid time -off. In certain situations, the City of Pearland will allow
employees to donate sick hours to specific individuals who have a
serious need and accrued sick leave is no longer available.
Discussion
Any communication regarding an employee's need for donated hours
must be initiated by the employee. The City will not discuss the
employee's need or desire for donated sick leave or that person's
health condition, as those matters are confidential. Rather, those
donating must learn about the need directly from the affected
employee.
In order to be a recipient of this benefit, one must meet the following
criteria:
• The employee must have worked as a full-time employee at the
City of Pearland for a period of no Tess than five (5) years.
• The employee must have documented reasons (i.e. approved
FMLA) for having used all accrued paid leave.
• The employee shall have exhausted all their accrued paid
leave.
5/18/2004
Page 1 of 2 Section 5.03
• The employee shall have had no disciplinary action involving
time off, nor two or more non -time -off disciplinary actions taken
against him/her in the previous three (3) years.
• Requests to receive donated hours shall be submitted by the
individual's supervisor and must be approved by the Human
Resources Director and the City Manager (Appendix).
Employees wishing to donate sick hours to the recipient shall:
• Write a statement to the Director of Human Resources saying
they wish to donate sick leave hours.
• The statement shall include the name of the recipient and the
number of hours to be donated.
• The statement shall be signed with an original signature.
• Employees can donate a maximum of 45 hours per recipient,
per request.
5/18/2004 Page 2 of 2 Section 5.03
CHAPTER 5
GROUP HEALTH
AND RELATED
BENEFITS
SECTION 5.04
EMPLOYEE
ASSISTANCE
PROGRAM
(EAP)
, x
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Purpose
It is the intent of the City of Pearland to provide an effective and
confidential program to assist employees and their families in
resolving a wide range of problems not directly associated with an
individual's job function.
Discussion
The City of Pearland recognizes that a wide range of problems - such
as marital or family distress, alcoholism, and drug abuse - not directly
associated with an individual's job function can nonetheless be
detrimental to an employee's performance on the job. Consequently,
we believe it is in the best interest of employees and the City of
Pearland to provide an effective program to assist employees and
their families in resolving problems such as these as the need arises.
To this end, our employee assistance program (EAP) provides
consultation services for referrals to treatment sources. All employees
are free to use this program and are encouraged to do so. Employee
visits to the EAP are held in confidence to the maximum possible
extent.
Participation in the EAP does not excuse employees from complying
with normal City of Pearland policies or from meeting normal job
requirements during or after receiving assistance. Likewise
participation in the EAP will not prevent the City of Pearland from
taking disciplinary action against any employee for performance
problems that occur before or after the employee's seeking
assistance through the program.
5/18/2004
Page 1 of 2 Section 5.04
Information about the EAP may be obtained from Human Resources
and a phone number may be found on City bulletin boards.
Employees interested in learning more about the EAP or in
discussing a personal or job -related problem may personally contact
the EAP directly.
In the event that the Supervisor deems necessary, an employee may
be required to contact the EAP. This decision shall only be carried
out after consultation with the Human Resources Director.
5/18/2004 Page 2 of 2 Section 5.04
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CHAPTER 5
GROUP HEALTH
AND RELATED
BENEFITS
SECTION 5.05
EMPLOYEE
EDUCATIONAL
ASSISTANCE
1
x A
t
Purpose
The City of Pearland has established an educational assistance
program to help eligible employees develop their skills and upgrade
their performance.
Discussion
All regular full-time employees who have completed a minimum of
one year of service are eligible to participate in the program.
Under this program, educational assistance is provided for courses
offered by accredited colleges, universities, secretarial, and trade
schools. Courses must be, in the opinion of the City Manager, directly
related to essential functions of an employee's present job or, in line
with a position that the City of Pearland believes an employee can
reasonably achieve. Courses must not interfere with the job
responsibilities and must be taken on the employee's own time.
Reimbursement covers actual costs of tuition and registration fees
only and is limited to a maximum of $3000 per year for approved
courses, based on the following schedule:
Grade Received Amount of Reimbursement
A 100%
B 75%
C 50%
D 0%
5/18/2004 Page 1 of 2 Section 5.05
Courses that give only a pass/fail grade will pay 75% for "Pass" (i.e.,
computer courses, etc.)
Employees eligible for reimbursement from any other source (e.g., a
government -sponsored program or scholarship) may seek assistance
under the City's educational assistance program but shall be
reimbursed only for the difference between the amount received from
the other funding source and the actual course cost up to the
maximum reimbursement allowable under this policy based on the
grade received.
To be eligible for reimbursement, an employee must have:
• Submitted a tuition reimbursement request form (see Appendix)
to their supervisor prior to beginning the course(s);
• Received advance written approval from the supervisor;
• Human Resources will verify that the employee is in good
standing with the City of Pearland and is actively employed by
City of Pearland at the time of course completion; and
• A qualifying grade shall be received.
On completion of the course, an employee must submit to the Human
Resources Department, the official transcript from the school
indicating the grade received, and a receipt or other proof of payment
from the educational institution.
Tuition reimbursement forms are available in the Human Resources
Department (Appendix).
5/18/2004 Page 2 of 2 Section 5.05
CHAPTER 6
SECTION
6.00
/",
�a T:'-;
GUIDELINE
FOR
EMPLOYEE
EMPLOYEE
CONDUCT
CONDUCT
Purpose
It is the policy of the City of Pearland to implement effective
personnel policies that encourage a productive work environment,
and to require all employees to support the City's best -interests.
Discussion
The City of Pearland is committed to a mutually rewarding and direct
relationship with its employees and to providing customers with
excellent services. It is expected that City employees will adhere to
certain rules and regulations that are necessary for efficient business
operations and for the benefit and safety of all employees. Conduct
that interferes with operations, discredits the City, or is offensive to
citizens or coworkers will not be tolerated.
The City expects that employees will conduct themselves in a positive
manner in order to promote the best interests of the City of Pearland,
to accept certain responsibilities, adhere to acceptable business
principles in matters of personal conduct, and exhibit a high degree of
personal integrity at all times. This not only involves sincere respect
for the rights and feelings of others but also demands that both in
business and personal life, employees refrain from any behavior that
might be harmful to themselves, their coworkers and the City of
Pearland.
Appropriate employee conduct includes:
• Treating all citizens, customers visitors, and coworkers in a
courteous and professional manner.
Revised 4/11/2005
Page 1 of 6 Section 6.00
• Representing the City in a positive and ethical manner
• Performing tasks in an efficient manner.
• Demonstrating a considerate, friendly, and constructive
attitude toward fellow employees.
• Refraining from behavior or conduct that is offensive or
undesirable, or which is contrary to the City's best interests.
• Reporting to management suspicious, unethical, or illegal
conduct by coworkers, citizens, customers, or suppliers.
• Reporting to management any threatening or potentially
violent behavior by coworkers.
• Cooperating with City investigations.
• Complying with all City safety and security regulations.
• Wearing clothing appropriate for the work being performed
and that meets the standards set in the adopted dress code.
• Performing assigned tasks efficiently and in accordance with
established quality standards.
• Reporting to work punctually as scheduled and being at the
proper workstation, ready for work, at the assigned starting
time
• Giving proper advance notice whenever unable to work or
report on time.
• Smoking only at times and in places not prohibited by City
rules or local ordinances
Revised 4/11/2005 Page 2 of 6 Section 6.00
• Eating meals only during meal periods and only in the
designated eating areas, and
• Maintaining cleanliness and order in the workplace.
• Following policies adopted by the City of Pearland.
Whether on or off duty, an employee's conduct reflects on the City of
Pearland Employees are, consequently, encouraged to observe the
highest standards of professionalism at all times.
The following list provides examples of misconduct that the City of
Pearland considers grounds for disciplinary action, but is not an
exhaustive list:
Falsifying, altering, or assisting another in falsifying or altering
any City record or report, such as an employment application,
medical report, performance measures, time records, expense
accounts, absentee reports, or any other City of Pearland
records.
•
• Violating the City of Pearland's nondiscrimination and/or anti -
harassment policies.
• Soliciting or accepting gratuities from customers or clients.
• Establishing a pattern of excessive absenteeism or tardiness,
as determined with reference to the Americans With Disabilities
Act and the Family and Medical Leave Act.
• Engaging in excessive, unnecessary, or unauthorized use of
City of Pearland's supplies, particularly for personal purposes.
• Reporting to work under the influence of alcohol illegal drugs,
or narcotics, or using, selling, dispensing, or possessing
alcohol, illegal drugs, or narcotics on City premises.
Revised 4/11/2005 Page 3 of 6 Section 6.00
• Illegally manufacturing, possessing, using, selling, distributing,
or transporting drugs.
• Bringing or using alcoholic beverages on City property or using
alcoholic beverages while engaged in City of Pearland
business, except when authorized.
• Smoking where prohibited by local ordinance or City rules (See
Section 6.07).
Fighting or using obscene, profane, abusive, or threatening
language or gestures in the workplace.
• Removing from the City premises, material or equipment
belonging to the City of Pearland without authorizations
borrowing articles belonging to another employee, customer or
supplier without consent; damage to, or unauthorized use of
City property or equipment; stealing, destroying, defacing, or
misusing City property, an employee's or a citizen's property.
• Misuse of City communications systems, including electronic
mail, computers, Internet access, and telephones.
• Possessing unauthorized firearms on City of Pearland premises
or while on City business.
• Disregarding. safety or. security regulations or failure to wear
assigned safety equipment.
• Engaging in insubordination.
• Wearing improper attire or having an inappropriate personal
appearance (see Section 6.02)
• Failing to maintain confidentiality of City of Pearland customer
information.
Revised 4/11/2005 Page 4 of 6 Section 6.00
• Sleeping on the job without authorization.
• Failure to maintain insurability under automobile policies where
required as part of job duties.
• Disclosing or using for personal gain, information that the City
has designated as confidential concerning the City, its
employees, or customers.
The examples of impermissible behavior described above are not
intended to be an all-inclusive list. At management's discretion, any
violation of the City of Pearland policies or any conduct considered
inappropriate or unsatisfactory may subject the employee , to
disciplinary action. If performance, work habits, overall attitude,
conduct, or demeanor becomes unsatisfactory in the judgment of the
City of Pearland, based on violations either of the above or any other
City of Pearland policy procedure, rule or regulation, employees will
be subject to disciplinary action, up to and including dismissal.
Employees are expected to use accrued compensatory time,
vacation, or sick time (in case of illness), to care fortheir children,
and should not routinely bring children to work. An occasional, short
visit that does not create a distraction for employees may be allowed
when approved in advance by the Department Head. However, visits
of an hour or more can be disruptive and may lead to liability and/or
safety issues in some areas, and are therefore considered not
appropriate.
All employees will refrain, while in uniform or on duty, from using their
influence publicly and directly in anyway for, or against, any
candidate for elective office of the Pearland City Government. No
employee of the City will be required to participate in any City election
on behalf of any candidate for City office, nor shall any City
equipment be used by or on behalf of any political candidate.
Revised 4/11/2005 Page 5 of 6 Section 6.00
Employment with the City of Pearland is on an at -will basis, so either
the City or the employee may end the relationship at any time.
Nothing in this handbook changes the employment -at -will relationship
or creates an express or implied contract or promise concerning the
City's policies or practices, including policies or practices it will
implement in the future. Accordingly the City retains the right to
establish, change, and abolish its policies, practices, rules, and
regulations at will and as it sees fit.
Questions regarding this policy should be directed to the Director of
Human Resources.
Revised 4/11/2005 Page 6 of 6 Section 6.00
MEMORANDUM
;,ECEEIVIE
APR 2 8 2005
CITY OF PEARIAND
CITY SECRETARY'S OFFICE
TO: City of Pearland Employees
FROM: Mary Hickling, Director of Human Resources and Safety Manageme
i
DATE: April 11, 2005
SUBJECT: Revision to Employee Handbook - Chapter 6
Attached is a revision to Chapter 6, Section 6.00 of your City Employee Handbook. The following
paragraph has been added, and is located on page 5 of Section 6.00. It states as follows:
'Employees are expected to use accrued compensatory time, vacation, or sick time (in case of
illness), to care for Their children, and should not routinely bring children to work. An
occasional, short visit that does not create a distraction for employees may be allowed when
approved in advance by the Department Head, However, visits of an hour or more can be
disruptive and may lead to liability and/or safety issues in some areas, and are therefore
considered not appropriate."
Please replace the current Section 6 00 of your Employee Handbook with the attached revision,
which is dated April 1, 2005. In addition, please sign and date the 'Handbook Revision
Acknowledgement' and forward it to Human Resources no later than Friday, April 29, 2005.
If you have any questions or need additional information, please contact me at 281-652-1656.
Thank you for your anticipated cooperation.
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581 • 281-652-1600 • www.ci.pearland.tx.us
Printed on Recycled Paper 0
HANDBOOK REVISION
ACKNOWLEDGEMENT
This is to certify that I, have
received the revision to Chapter 6, Section 6.00 of the City Employee Handbook
dated April 1, 2005.
Employee Signature
Date
3519 LIBERTY DRIVE • PEARLAND, TEXAS 77581 • 281-652-1600 • www.ci.pearland tx us
Printed on Recycled Paper 0
`
-�'S.
\
CHAPTER 6
EMPLOYEE
CONDUCT
SECTION 6.01
ABSENTEEISM
TARDINESS
AND
Purpose
It is the policy of the City of Pearland to require employees to be at
their places of employment on time, ready to pursue business, and to
work all scheduled hours and any required overtime.
Discussion
Excessive tardiness and poor attendance disrupt good customer
service and workflow. Employees should notify their supervisors as
far in advance as possible whenever they are unable to report for
work, if they know they will be late, or must leave early. The notice
should include a reason for the absence and an indication of when
the employee can be expected to report for work. When the
supervisor is unavailable, the employee shall notify the next person in
line of the chain -of -command.
Employees, who consistently use forty (40) or more hours of sick
leave within any six (6) month period, excluding Family and Medical
Leave, may be placed on "Physical Report Status" and can be
required to submit a doctor's statement in support of each and every
illness for a specified period of time. If required, failure to present it
shall be cause for disciplinary action. Any employee who habitually
abuses or misuses sick leave shall be disciplined appropriately.
Repeated violations shall merit termination of the employee.
Employees will be compensated during authorized absences in
accordance with the policies contained herein. Failure to notify the
City of Pearland properly of any absence may result in loss of
compensation during the absence and may be grounds for
disciplinary action. When an employee is absent from work, it is
5/18/2004 Page 1 of 3 Section 6.01
important to follow the policies outlined in this handbook. Following
policy allows the supervisor and department head to plan the work for
scheduled hours. Excessive tardiness and poor attendance disrupt
workflow and will not be tolerated.
Hourly employees will not receive compensation for time missed
because of tardiness or early departure if the time missed exceeds
seven (7) minutes after starting time or before quitting time. The
seven minute rule does not prevent other disciplinary measures from
being exercised when an employee consistently shows up late for
work or has a record of early "clock outs".
Hourly employees who are delayed in reporting for work more than
thirty (30) minutes and who have not notified their supervisor of their
expected tardiness may lose their right to work the balance of the'
work day. In addition, employees who report for work without proper
equipment or in improper attire may not be permitted to work (See
Section 6.02) Employees reporting for work in a condition
considered not fit for work, whether for illness or any other reason,
will not be allowed to work.
Non-exempt employees will not be required or permitted to work any
period of time before or after scheduled starting or quitting times for
the purpose of making up time lost because of tardiness or
unauthorized absence.
Employees must report to their supervisor after being late or absent,
give an explanation of the circumstances surrounding their tardiness,
or absence, and, when applicable, certify that they are able to return
to work. Compliance with the return to work procedures under the
Sick Leave policy is required.
Hourly employees that are assigned to office settings must obtain
approval from their supervisor to leave the City of Pearland premises
during working hours In addition, employees who are frequently
away from the premises for business reasons should inform their
supervisors of their whereabouts during working hours.
5/18/2004 Page 2 of 3 Section 6.01
Unauthorized or excessive absences or tardiness will result in
disciplinary action, up to and including termination. An absence is
considered to be unauthorized if the employee has not followed
proper notification procedures or the absence has not been properly
approved. Tardiness or early departure beyond seven (7) minutes of
starting or quitting time on three (3) or more occasions in a three (3)
month period are grounds for discipline.
Employees who are unable to report for work because of arrest or
incarceration will be placed on a special, unpaid, personal leave of
absence. If the employee is unable to secure bail, the leave of
absence will continue until final disposition of the charges. If the
employee is freed on bail the employee's department head, Director
of Human Resources, and City Manager will decide whether active
employment is appropriate pending final disposition of the charges.
Employees who are absent from work for three consecutive days
without giving proper notice to the City of Pearland will be considered
as having voluntarily resigned. At that time, the City of Pearland will
formally note the termination and advise the employee of the action
by certified mail to the employee's last known address.
5/18/2004 Page 3 of 3 Section 6.01
CHAPTER 6
EMPLOYEE
CONDUCT
SECTION 6.02
PERSONAL
APPEARANCE
DEMEANOR
AND
[1 A
Purpose
The City of Pearland understands that specific divisions and
departments have certain needs outside the daily professional
business attire and it is the intent of the City of Pearland to address
all of those concerns within this policy. It is also our purpose to
create a professional and identifiable appearance to citizens,
suppliers, and the general public through all our employees; to
promote a positive working environment and limit distractions caused
by outrageous, provocative, or inappropriate dress; and to ensure
safety while working.
Discussion
Discretion in style of dress and behavior is essential to the efficient
operation of the City of Pearland. Employees are, therefore, required
to dress in appropriate business attire and to behave in professional,
businesslike manner, regardless of where they work.
All employees are expected to use good judgment in making "work
clothing" choices and to conduct themselves in a way that best
represents themselves and the City of Pearland. This includes
refraining from wearing inappropriate attire such as revealing or
provocative clothing at work or any event that is directly or indirectly
related to the business activities of the City of Pearland.
All employees are expected to be clean and well groomed at all times
and dressed in a manner that is both gender and job appropriate.
Hair should be clean, combed, and neatly trimmed or arranged.
Extreme hair color(s) is prohibited. Sideburns, moustaches, and
beards should be neatly trimmed and tattoos and body piercing(s)
should not be visible.
5/18/2004 Page 1 of 5 Section 6.02
Facial piercing for City of Pearland employees is considered to be
inappropriate business appearance, and in some situations, may be
considered unsafe. Pierced ears are acceptable when a maximum of
two (2) pieces of traditional jewelry is worn in one or both ears.
Employees who work primarily in the field should consider safety
precautions as it relates to their specific job prior to wearing earrings
in the field.
Employees who are improperly dressed or groomed may be
instructed by their supervisor/department head to return home to
change clothes. The employee will not be compensated for such
time away from work, consistent with applicable wage and hour laws.
The following guidelines determine the differences in the City's dress
code:
Office Employee - An employee in any City of Pearland facility
who spends eighty (80) percent or more of their time in a
climate -controlled building. These employees are to dress in a
manner that is tasteful, professional, and not suggestive or.
revealing to another party. Employees who meet customers or
attend outside meetings shall use discretion and good judgment
when deciding to wear casual clothes to work.
Office/Field Employee - An employee who spends an
equivalent number of work hours in a climate -controlled building
and in the field during the same work day. A dress/sport shirt
or polo style shirt may be worn (tucked in). These employees
are to dress in a manner that is tasteful, professional, and not
suggestive or revealing to another party.
Field Employee - An employee who spends less than two (2)
or three (3) hours per day, or twenty (20) percent of their work
in a climate -controlled building. These employees may, with
approval of the department head, wear blue jeans in good
5/18/2004 Page 2 of 5 Section 6.02
repair, and are expected to dress in a manner that is tasteful
and professional, not suggestive or revealing to another party.
Field employees are furnished uniforms so that they are readily
identifiable by the general public. These uniforms consist of a
shirt and cotton slacks, are only for City of Pearland use and
should not be worn except during working hours for the City.
Field employees are also furnished City caps that are
considered part of the uniform. All other unapproved hats
and/or caps are inappropriate, except when safety "hard" hats
are required.
Employees required to wear a uniform are expected to wear it
properly Uniforms must be clean, pressed, and with shirts
tucked and neatly maintained at all times. When in uniform,
employees are expected to conduct themselves professionally
and to comply with City of Pearland policies and procedures.
Acting in an unprofessional, disruptive, abusive, or degrading
manner while in uniform, or violating any City policy or
procedure while in uniform may subject the employee to
disciplinary action, up to and including termination.
With approval of the City Manager or his/her designee,
uniforms for certain employees may consist of solid color
walking shorts during summer months (May through August).
These employees should be easily recognized at shared
facilities, and should therefore, dress with shirts that have City
of Pearland logo.
Regulation uniforms in Emergency Services, Classified Police,
and the Fire Marshal's Office shall be determined by those
individual department heads in keeping with the intent of this
policy, and shall be approved by the City Manager.
5/18/2004 Page 3 of 5 Section 6.02
Unacceptable business attire for office workers, office/field workers,
and field workers include:
• Sun dresses, unless worn with a jacket,
• Skorts or any skirt that is more than two (2) inches above knee
length when knees are bent,
• Spandex leggings or pants, stirrup pants, jogging/warm-up
suits, cut-offs, mid -calf or Capri -pants,
• Tight fitting, clingy blouses or sweaters,
• Halter tops, bare midriffs, sweat shirts, T-shirts, muscle shirts,
sleeveless blouses, shirts with advertising and/or sport logos
and emblems, and/or shirts with no collar,
• Unregulated caps,
• Casual sandals or slides, between the toe sandals or flip-flops,
slippers, tennis, athletic, or running shoes Solid white or solid
black walking/athletic shoes may be appropriate for Custodial,
Animal Control, Utility Billing Field Services, and Recreation
Staff outside the office setting.
• Except for field workers, with approval of department heads,
blue denim, including jumpers, jeans, skirts and dresses is
never appropriate.
Bare feet and bare legs are not appropriate for office business attire,
however, when the temperature is above 85 degrees, an exception to
wearing hose will be allowed when slacks and/or a mid -calf or longer
skirt is worn.
5/18/2004 Page 4 of 5 Section 6.02
Casual Day Dress Code:
Fridays are designated as casual dress days. Employees may
voluntarily elect to `dress down" on Fridays, however, casual dress
must be neat, clean, and must always be appropriate for a business
setting; casual attire does not mean "sloppy' On occasion, the City
Manager may grant other days as casual dress days.
Examples of acceptable attire for Casual Friday include ankle length
slacks, khaki slacks, black jeans (not faded), polo shirts, collared
sport shirts, turtlenecks, and denim shirts with City logo.
Examples of unacceptable casual attire include the same list as
found in unacceptable business attire.
Department heads may, under certain conditions, allow employees to
dress in a more casual fashion when situations arise that require
moving offices/furniture, natural disasters (emergency management
situations), or to accommodate disability. This flexibility does not
include "having nothing else to wear that day".
All employees are required to work in a safe manner. The City of
Pearland issues personal protective equipment as required, and
employees shall wear personal protective equipment as directed.
Department heads and supervisors are responsible for ensuring that
employees follow the City's dress code. When questions arise about
whether an item of clothing is permissible under the dress code,
about piercing and/or body tattoo(s), supervisors/department heads
may contact Human Resources for assistance. Radical departures
from conventional dress or personal grooming and hygiene standards
are not permitted, except when requests for accommodations have
been made in writing and have been approved by the department
head and Human Resources.
5/18/2004 Page 5 of 5 Section 6.02
'`"`
CHAPTER
EMPLOYEE
CONDUCT
6
SECTION 6.03
CUSTOMER
RELATIONS
�Fl
, X A
s
Purpose
It is the policy of the City to be customer -and -service -oriented and to
require employees to treat customers, both internal and external, in a
courteous and respectful manner at all times.
Discussion
To promote excellent relations with customers, all employees must
represent the City in a positive manner and make customers feel
appreciated when dealing with the organization.
Employees with customer contact are expected to know the City's
services and to learn what customers want and need. These
employees should educate customers about the use of the City's
services and should seek new ways to serve customers.
Employees are encouraged to report recurring customer -related
problems to their supervisor and to make suggestions for changes in
procedures to solve problems. Employees should be prepared to
listen carefully to customer complaints and deal with them in a
helpful, professional manner. If a controversy arises, the employee
should explain City policy respectfully and clearly. Customers who
become unreasonable or abusive should be referred to the
employee's supervisor if the employee cannot resolve the problem.
Employees should be polite and thoughtful when using the telephone.
A positive telephone contact with a customer can enhance goodwill,
while a negative experience can destroy a valuable relationship. The
following should be observed whenever possible:
5/18/2004 Page 1 of 2 Section 6.03
• When answering the telephone, use a pleasant tone of voice,
give the name of the department and identify yourself;
If the person with whom the caller wishes to speak is on
another line, ask if the caller wants to be placed on hold;
• If a caller has been placed on hold, carefully monitor the time
and offer to have the call returned if the person called is not
available within a reasonable period;
• When a caller leaves a name, number, or message, make sure
it is recorded correctly and promptly given to the appropriate
individual.
The City of Pearland expects its employees to personify this standard
when dealing with persons both inside and outside the organization.
5/18/2004 Page 2 of 2 Section 6.03
'
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CHAPTER
EMPLOYEE
CONDUCT
6
SECTION 6.04
EMPLOYEE
SAFETY
"- T'
it
I
l X ffA S /
Purpose
The City of Pearland is committed to providing a safe and healthful
working environment. In this connection, the City of Pearland
e ndeavors to comply with relevant federal and state laws to adopt
o perations, procedures, technologies, and programs conducive to
such an environment.
Discussion
The City's policy is aimed at minimizing the exposure of health or
safety risks to our employees, customers, and visitors at our facilities.
To accomplish this objective, all City of Pearland employees are
expected to work diligently to maintain safe and healthful working
conditions and to adhere to proper operating practices and
procedures designed to prevent injuries and illnesses.
The responsibility of all employees at the City of Pearland in this
regard shall include:
• Exercising maximum care and good judgment at all times to
prevent accidents and injuries;
• Seeking first aid for all injuries and reporting them to
supervisors, regardless of how minor;
• Reporting unsafe conditions, equipment, or practices to
supervisory personnel;
• Using safety equipment provided by the City of Pearland at all
times;
5/18/2004 Page 1 of 2 Section 6.04
• Observing conscientiously all safety rules and regulations at all
times; and
• Notifying Human Resources before the beginning of the
workday, of any medication they are taking that may cause
drowsiness or other side effects that are likely to lead to injury
to themselves and/or their co-workers.
5/18/2004 Page 2 of 2 Section 6.04
CHAPTER 6
EMPLOYEE
CONDUCT
SECTION 6.05
VEHICLE AND
EQUIPMENT
USAGE
Purpose
It is the policy of the City of Pearland to provide employees with
vehicles when the employee's job requires the use of a vehicle. The
City of Pearland will not hire an individual having more than two (2)
moving traffic violations or one (1) at -fault accident within the past
three (3) years, if that individual's job would require them to drive a
City -owned vehicle.
Discussion
Only City of Pearland employees are permitted to operate City -owned
vehicles. The only exception permitted is the operation of a vehicle
by an employee of a firm performing repair work on a vehicle or
approved members of the volunteer E.M S. and/or Fire Departments,
authorized Citizens Police Academy members and Eyes of Pearland.
Employees may not drive vehicles for City business without the prior
approval of the department head. Before approving a driver, the
department head, or their designee, must request the Human
Resources Department to check the employee's driving record, verify
the existence of a valid driver's license and personal auto liability
insurance coverage, and make certain that the employee is eligible
for coverage under the City's insurance.
Employees whose jobs require regular driving for business as a
condition of employment must be able to meet the driver approval
standard of this policy at all times. An offense certain to result in the
employee's disqualification from coverage is a conviction for driving
while under the influence of alcohol or drugs. In addition, employees
holding those jobs must inform their supervisors of any changes that
may affect their ability to meet the standards of this policy
5/18/2004 Page 1 of 5 Section 6.05
(Appendix) for Driver's Evaluation Test). Employees, who lose their
licenses or experience a change in their license, must report this to
their supervisor. For all other jobs, driving is considered only an
incidental function of the position.
City vehicles will be assigned to those departments that have
demonstrated a continuing need for them. Employees who receive
prior approval from their supervisors may rent an economy size car
when traveling out of town on City business. Employees may use
their own vehicles for business purposes, with the approval of their
department head, and may claim reimbursement for mileage, parking
fees, and tolls actually incurred Drivers using their own vehicles on
City business must make sure that the vehicle meets any City or legal
standard for insurance, maintenance, and safety.
Failure by an employee to maintain a driving record satisfactory to the
standards established in this policy, will be deemed a violation, and
will subject the employee to discipline up to and including termination.
All penalties and/or fines imposed as a result of an "at -fault" traffic
offense occurring during work shall be the responsibility of the
employee. Employees must report all occurrences to their supervisor
within twenty-four (24) hours of occurrence.
Employees whose positions require the operation of a motor vehicle,
must, in addition to meeting the approval requirements above,
exercise due diligence to drive safely, wear seat belts, and follow all
traffic laws, to avoid distractions while driving, such as using a cellular
telephone without a hands -free attachment, and maintain the security
of the vehicle and its contents. Employees who engage in improper
driving practices are to be immediately reported to the department
head for appropriate disciplinary action.
Employees are not permitted, under any circumstances, to operate a
City vehicle, or a personal vehicle for City business, when the
employee cannot drive safely. This prohibition includes
circumstances in which the employee is temporarily unable to operate
a vehicle safely or legally because of illness, medication, or
intoxication.
5/18/2004 Page 2 of 5 Section 6.05
Any deviation from an expected route must be reported to, evaluated
by, and authorized by the supervisor. Employees may use City
vehicles for non -business purposes only with the prior approval of
their supervisor. Passengers in City vehicles shall not be permitted
except as necessary for the conduct of official City business, unless
otherwise approved by the department head.
Vehicles assigned to each department shall be determined by the
department head. Requests for changes in vehicle assignment shall
be submitted in writing and approved by the department head.
The City Manager shall determine which positions are eligible to take
home City -owned vehicles and at what times. Currently, those who
are eligible to take home City -owned vehicles must reside within a
twelve -mile radius of the place to which the employee reports to work.
The City Manager may approve some employees who use their
personal vehicles for approved business purposes to receive a car
allowance. This allowance is to compensate for the cost of gasoline,
oil, depreciation, and insurance. Every employee who receives a car
allowance will carry his/her own liability insurance and furnish the
City's Human Resources Department with a certificate from the
insurance company stating that they have basic limits of liability
required by the State of Texas.
Employees who will be absent from their normal work for a period of
five (5) working days shall park their assigned unit at the City facility
to which the vehicle is assigned.
Employees shall not operate any City vehicle while on leave due to
illness, injury, or a medical condition, light duty, or other restricted
duty, unless approved by the attending physician's restrictions.
5/18/2004 Page 3 of 5 Section 6.05
Although personal use of City vehicles is generally prohibited, all
employees, both classified and non -classified, are encouraged to
exercise discretion and good judgment when stopping for personal
business while commuting to and from the workplace. For example;
deviating from the anticipated and authorized route to reach a
facility/location for personal business within a reasonable acceptable
distance (within 4 mile radius) may be permitted. The duration of the
rest/stop, type of personal business, and parking location are very
critical factors in determining the validity and good judgment. Any
violations of these limitations will result in corrective action and/or
disciplinary action, up to and including termination.
The use of City vehicles to transport household members to and from
school or work is allowed if the estimated distance is within four (4)
miles from the residence. Employees residing outside the City limits
are allowed to use the City vehicle for this purpose only if the
school/work point of destination is within a reasonable distance from
the travel route to and from the work location.
In case of an accident, while driving a City vehicle or using a non -
City -owned vehicle on City business, the employee shall immediately
call the police, or law enforcement agency in the jurisdiction, and
his/her supervisor. The employee should not leave the scene of the
accident, unless required to do so because of injury, until after the
police investigation is completed.
Maintenance and Reporting
Employees who operate City vehicles are responsible for maintaining
weekly maintenance Togs and for reporting any defect(s) in the
mechanical equipment to the City Shop.
Employees must report any accident, theft, damage breakdown, or
mechanical problem involving a City vehicle or a personal vehicle
used on City business to their supervisor and the Human Resources
5/18/2004 Page 4 of 5 Section 6.05
Department, regardless of the extent of damage or lack of injuries
(Appendix). These reports must be made as soon as possible but
no later than forty-eight hours after the incident. Employees are
expected to cooperate fully with authorities in the event of an accident
however it is not appropriate to make any statements other than in
reply to questions of investigating officers.
If an employee is in doubt about a circumstance related to his/her use
of a City vehicle or any other piece of equipment, supplies, tool, or
materials purchased with taxpayer funds, the employee must check
with his/her supervisor before proceeding with the use of that
vehicle/equipment. Violations of any of the provisions related to the
use of City vehicle/equipment will result in disciplinary actions, up to
and including termination and possible prosecution.
•
5/18/2004 Page 5 of 5 Section 6.05
•
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CHAPTER 6
EMPLOYEE
CONDUCT
SECTION 6.06
WORKPLACE
VIOLENCE
T ,
k ,
Purpose
It is the policy of the City of Pearland to expressly prohibit any acts or
threats of violence by any City employee against any other employee
in or about the City of Pearland's facilities at any time. The City of
Pearland will not condone any acts or threats of violence against City
employees, customers, or visitors on City premises at any time, or
while they are engaged in business with the City, on behalf of the
City, on or off the City's premises.
Discussion
The City of Pearland is concerned about the increased violence in
society, which has also filtered into many workplaces throughout the
United States. In keeping with the spirit and intent of this policy, and
to ensure the City's objectives in this regard are attained, the City is
committed to the following:
• To provide a safe and healthful work environment in
accordance with the City of Pearland's Safety Policy.
• To take prompt remedial action up to and including immediate
termination against any employee who engages in any
threatening behavior or acts of violence or who uses any
o bscene, abusive, or threatening language or gestures.
• To take appropriate action when dealing with customers, former
e mployees, or visitors to City facilities who engage in such
behavior Such action may include notifying the police or other
law enforcement personnel and prosecuting violators of this
policy to the maximum extent of the law.
5/18/2004 Page 1 of 3 Section 6.06
• To prohibit non -classified employees, customers, and visitors
from bringing unauthorized firearms or other weapons on City
premises.
• To establish viable security measures to help make City
facilities more safe and secure and to properly handle access to
City facilities by the public, off -duty employees, and former
employees.
An employee who displays a tendency to engage in violent, abusive,
or threatening behavior, or who otherwise engages in behavior that
the City, in its sole discretion, deems offensive or inappropriate will be
referred to the EAP for counseling or other appropriate treatment.
Such employees will also be subject to disciplinary action, up to and
including termination. In addition, the City reserves the right to report
conduct to appropriate law enforcement authorities, which it believes
may be illegal.
This list of behaviors, while not all-inclusive, provides examples of
conduct that is prohibited:
• Willfully causing physical injury to another person;
• Making threatening remarks;
• Aggressive or hostile behavior that creates a reasonable fear of
injury to another person or subjects another individual to
e motional distress;
• Intentionally damaging employer property, property of another
e mployee, or any other person;
• Possession of a weapon by non -classified employees/civilians
while on City property or while on City business;
• Committing acts motivated by, or related to, sexual harassment
o r domestic violence.
5/18/2004 Page 2 of 3 Section 6.06
Every employee has a "duty to warn" his/her supervisor or Human
Resources, of any workplace activity, situation, or incident that is
observed, or that may violate this policy or endanger employees or
citizens, whether such activity, situation or incident is observed or the
employee simply becomes aware of it.
All reported incidents would be investigated and discussed with all
parties involved in the situation. Reports or incidents warranting
confidentiality will be handled appropriately and information will be
disclosed to others only on a need -to -know basis.
The City of Pearland will not condone any form of retaliation against
an employee for making a report under this policy.
5/18/2004 Page 3 of 3 Section 6.06
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CHAPTER 6
EMPLOYEE
CONDUCT
SECTION
TOBACCO
ENVIRONMENT
6.07•
FREE
A S
Purpose
It is the policy of the City of Pearland to comply with all applicable
federal, state, and local regulations regarding smoking in the
workplace and to provide a work environment that promotes
productivity and the well being of its employees.
Discussion
The City of Pearland recognizes that smokeless and tobacco
products in the workplace can adversely affect employees.
Accordingly, smoking and the use of smokeless products are
prohibited inside all City of Pearland facilities, and allowed only in
areas where it is specifically authorized. Smoke breaks will be limited
to a maximum of two (2) per day, and no longer than ten (10) minutes
in duration Department heads are responsible for monitoring and
enforcing smoking regulations.
Employees are expected to exercise common courtesy and to
respect the needs and sensitivities of co-workers with regard to the
tobacco free policy. Smokers have a special obligation to keep
smoking areas litter -free and not to abuse break and work rules.
Complaints about tobacco free environment issues should be
resolved at the lowest level possible, but may be processed through
the department chain of command Employees who violate the policy
will be subject to disciplinary action.
Questions regarding the location of smoking areas shall be directed
to supervisors or Human Resources.
5/18/2004 Page 1 of 1 Section 6.07
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`
CHAPTER
EMPLOYEE
CONDUCT
6
SECTION 6.08
DRUG FREE
WORKPLACE
"
Fa=
X
'-�
A S
Y
C
Purpose
It is the intent of the City of Pearland to create a drug -free workplace
in keeping with the spirit and intent of the Drug -Free Workplace Act of
1988.
Discussion
The illegal use of controlled substances is inconsistent with the
behavior expected of employees, subjects all employees and visitors
to our facilities to unacceptable safety risks, and undermines the City
of Pearland's ability to operate effectively and efficiently. In this
connection, the unlawful manufacture distribution, dispensation,
possession, sale, or use of a controlled substance in the workplace or
while engaged in City business off the City's premises is strictly
prohibited.
Periodically, employees will be required to attend training sessions
regarding the dangers of drug abuse, the City's policy regarding
drugs, the availability of counseling, and the City's employee
assistance program.
5/18/2004 Page 1 of 1 Section 6.08
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CHAPTER
EMPLOYEE
CONDUCT
6
SECTION 6.09
DISCIPLINARY
POLICY
i x
n
s
Purpose
It is the policy of the City of Pearland that all employees are expected
to comply with the City's standard of behavior and performance and
that any noncompliance with this standard must be corrected.
Discussion
Under normal circumstances, the City endorses a policy of
progressive discipline in which it attempts to provide employees with
notice of deficiencies and an opportunity to improve. It does,
however, retain the right to administer discipline in any manner it
sees fit. This policy does not modify the status of employees as
employees -at -will or in any way restrict the City's right to bypass the
disciplinary procedures mentioned below.
Progressive discipline may be administered in the following three (3)
steps:
Step One:
If an employee is not meeting City standard(s) of behavior or
performance, the employee's supervisor may take the following
action (in sequence).
• Meet with the employee to ask questions and discuss the
matter;
• Inform the employee of the nature of the problem and the
action necessary to correct it
5/18/2004 Page 1 of 3 Section 6.09
• Prepare a memo for the supervisor's own records
indicating that the meeting has taken place, and send a
copy to Human Resources for the personnel file; and
• Schedule a meeting with the employee permitting them to
make comments to the memorandum, ask them to
acknowledge receipt of the memo, and give them a copy
of the memo for his/her records.
Step Two:
If there is a second occurrence, the supervisor may, after
consulting with Human Resources, hold another meeting with
the employee and take the following action (in sequence):
• Issue a formal written reprimand to the employee;
• Warn the employee that a third incident will result in more
severe disciplinary action;
• Prepare and forward to the Director of Human Resources,
a written report descnbing the first and second incidents
and summanzing the action taken during the meeting with
the employee. This information will be included in the
employee's official personnel file; and
• Give the employee an opportunity to make comments to
the report, to acknowledge receipt of report, and give a
copy for his/her records.
The progressive disciplinary procedures described in step two
(2), above, may also be applied to an employee who is
experiencing a series of unrelated problems involving job
performance or behavior.
Step Three
If there are additional occurrences, the supervisor may, after
consulting with Human Resources take the following action,
depending on the severity of the conduct:
5/18/2004 Page 2 of 3 Section 6.09
• Issue a written reprimand or warning;
• Suspend the hourly employee for up to five working days;
or
• Suspend the employee indefinitely or recommend
termination.
After taking any action under step three (3), the supervisor shall
prepare and forward to the Director of Human Resources, another
written report describing the occurrences, indicating the timing
between the occurrences, and summarizing the action taken or
recommended and its justification. The employee will be permitted to
make comments to the report, and will be given, and asked to
acknowledge of, a copy for his/her records.
At any time, without limitation, any case involving serious misconduct,
or a major breach of policy or violation of law, or for disciplinary action
associated with a probationary employee, the procedures
contained in steps one (1) and two (2), above, may be
disregarded. The supervisor may suspend the employee
immediately and, if appropriate, recommend termination of the
employee (see Section 6.00, Guidelines for Appropriate Conduct).
An investigation of the incidents leading up to any suspension shall
be conducted by the Director of Human Resources to determine what
further action, if any, should be taken. The Director of Human
Resources shall review and approve all recommendations for
termination before any final action is taken (see Section 6.10,
Termination of Employment).
5/18/2004 Page 3 of 3 Section 6.09
`
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-
CHAPTER 6
EMPLOYEE
CONDUCT
SECTION 6.10
TERMINATION
EMPLOYMENT
OF
y
.. , `':
X A
P urpose
It is the policy of the City of Pearland to treat terminations in a
confidential and professional manner. The supervisor/department
head and the Director of Human Resources shall ensure thorough
and consistent termination procedures. This policy and its
administration will be implemented in accordance with the City of
P earland's equal opportunity statement.
Discussion
Employment with the City may be terminated through one of the
following actions:
• Resignation - voluntary termination by the employee;
• Dismissal - involuntary termination for substandard
performance of misconduct;
• Layoff - termination due to reduction of the work force or
e limination of a position.
• Retirement
• Death
Resignation:
An employee desiring to terminate employment, regardless of
e mployee classification, is expected to give as much advance
written notice as possible. Ten (10) working days is generally
considered to be sufficient notice time.
An employee will be considered to have automatically resigned
if he/she:
5/18/2004 Page 1 of 3 Section 6.10
• Is absent from work for three (3) consecutive days and
fails to notify his/her immediate supervisor in advance.
• Fails to return from any regular leave, leave of absence,
or extension of a leave of absence within three (3)
consecutive working days.
Dismissal:
An employee may be dismissed at any time, and certainly if
their performance is unacceptable. In an effort to assist
employees, the City prefers that the supervisor/department
head consider counseling the employee concerning
performance deficiencies, provide direction for improvement,
and give the employee notice that possible termination is
imminent in cases where the performance has not improved
within a defined period of time. The supervisor/department
head is expected to be alert to any underlying reasons for
performance deficiencies. In order to ensure adherence to
labor laws, the Director of Human Resources must approve all
terminations before the employee is advised of impending
dismissal. Documentation shall be prepared by the
supervisor/department head and shall include the reason for
termination, performance history, corrective efforts taken,
alternatives explored, and any additional pertinent information.
An employee found to be engaged in activities such as, but not
limited to, theft of City property, gross insubordination, conflict
of interest, or any other activities showing willful disregard of
City interest or policy, will be terminated as soon as the
supervisor/department head and the Director of Human
Resources have concurred regarding the action. Termination
resulting from misconduct shall be entered into the employee's
personnel file. The employee shall be provided with a written
summary of the reason for termination.
5/18/2004 Page 2 of 3 Section 6.10
Retirement:
Employees who plan to retire are encouraged to provide the
City of Pearland with a minimum of two (2) months notice. This
will allow ample time for the processing of appropriate pension
forms to ensure that retirement benefits to which the employee
may be entitled commence in a timely manner.
Termination Processing Procedures
The supervisor/department head shall immediately notify the Director
of Human Resources that a termination is imminent. The Director of
Human Resources, or their designee, will initiate a termination
checklist, and will direct and coordinate the termination.
On the final day of employment, the supervisor/department head
must have received from the employee, all City of Pearland property
that has been issued to the employee during the course of the
employment. The supervisor/department head shall provide the
employee with an approved checklist indicating the return of each
item for presentation to the Human Resources Department at the exit
interview.
The employee shall be responsible for scheduling an exit interview
with Human Resources and for the disposition of his/her last
paycheck. Final paychecks will not be direct deposited. If no
arrangements are made, the final paycheck will be mailed to the last
address provided by the employee to the City in its official records.
5/18/2004 Page 3 of 3 Section 6.10
CHAPTER 6
EMPLOYEE
CONDUCT
SECTION
GRIEVANCE
6.11
PROCEDURE
rxAs.
Purpose
It shall be the policy of the City of Pearland to give employees an
opportunity to discuss their grievances and to seek satisfactory
solutions where possible. All unclassified employees, with the
exception of the Deputy City Manager, department heads,
superintendents, and supervisors shall have the right to file a formal
grievance.
Discussion
Basis for a grievance will exist only in the case of a suspension,
demotion or termination. When a basis for a state of grievance
exists, the aggrieved employee must:
1. Submit a written request to the Human Resources
Department within ten (10) working days of the incident,
2. Ensure that the written request contains all pertinent
facts, details and resolution sought.
Within five (5) working days of the receipt of the grievance, the
Director of Human Resources, or their designee shall appoint a
grievance committee, and schedule a hearing. The date of the
grievance hearing will be no later than thirty (30) calendar days from
the date of request, unless the aggrieved employee seeks a later
date.
Within ten (10) working days of the final decision rendered by the
grievance committee, the written findings will be submitted to the
Director of Human Resources and the City Manager.
5/18/2004 Page 1 of 2 Section 6.11
The City Manager and the Director of Human Resources will review
the findings of the committee, and the City Manager will make a final
ruling based on those findings. The Director of Human Resources, or
the designee, will notify the aggrieved employee of the final decision.
5/18/2004 Page 2 of 2 Section 6.11
"'
CHAPTER
EMPLOYEE
CONDUCT
6
SECTION 6.12
CONFIDENTIALITY
OF INFORMATION
��� -�
r x X
Purpose
It is the policy of the City of Pearland that all employees, as public
servants, must be careful not to violate the trust of the citizenry.
Except as properly authorized by the Public Information Act, it is the
responsibility of all employees to maintain the confidentiality of official
records, forms and information.
Discussion
Information designated as confidential may not be discussed with
anyone outside the organization and may be discussed within the
organization only on a "need to know" basis. Employees have a
responsibility to avoid unnecessary disclosure of confidential internal
information about the City, its employees, its citizens, and its
suppliers; however, this employee responsibility to safeguard internal
City affairs is not intended to impede normal business
communications and relationships.
Employees are prohibited from attempting to obtain confidential
information for which they have not received authorization.
Employees violating this policy will be subject to discipline, up to and
including termination.
The City Secretary and the City Attorney are responsible for
coordinating the security and control of City information and for
approving any exceptions to this policy through the Public Information
Act.
5/18/2004 Page 1 of 1 Section 6.12
CHAPTER 6
SECTION
6.13
�'
EMPLOYEE
WORKPLACE
CONDUCT
SEARCHES
X AS
Purpose
To safeguard the property of our employees, our citizens, and the
City of Pearland, and to help prevent the possession, sale, and use of
illegal drugs on the City's premises, in keeping with the spirit and
intent of the City's drug -free workplace policy, the City of Pearland
reserves the right to question employees and all other persons
entering and leaving our premises and to inspect any packages,
parcels, purses, handbags, briefcases Iunchboxes or any other
possessions or articles carried to and from City of Pearland property.
Discussion
All offices, desks, files, lockers, and so forth, are the property of the
City of Pearland, and are issued for the use of employees only during
their employment with the City of Pearland. Inspections may be
conducted at any time at the discretion of the City of Pearland.
In conjunction with the implementation of this policy, the City of
Pearland will post notices in conspicuous places throughout its
facilities informing all employees, prospective employees, citizens,
customers visitors and all other persons, of the City policy and right
to question individuals and conduct inspections.
Persons who refuse to cooperate with an inspection conducted
pursuant to this policy may be detained or not allowed to enter the
facility until security has been contacted and approval for entry has
been made.
5/18/2004
Page 1 of 3 Section 6.13
Employees who refuse to cooperate in an inspection, and/or
employees who after an inspection are believed to be in possession
of stolen property or illegal drugs, shall be subject to disciplinary
action up to and including termination if, after investigation, they are
found to be in violation of the City of Pearland's security procedures
or any other rules and regulations.
In addition to City premises, the City may search work areas, lockers,
personal vehicles if driven or parked on City property, and other
personal items such as bags, purses, briefcases backpacks, lunch
boxes, and other containers. The City's request for a search is not
intended to be an accusation of theft, any crime, or improper conduct.
There is no general or specific expectation of privacy in the workplace
of the City of Pearland either on the premises of the City or while on
duty. In general, employees should assume that what they do while
on duty or on the City premises is not private. All employees and all
of the areas listed above are subject to search at any time; if an
employee uses a locker or other storage area at work, including a
locking desk drawer or locking cabinet, the City will either furnish a
lock and keep a copy of the key or combination, or else allow the
employee to furnish a personal lock, but the employee must provide
the department head with a copy of the key or combination. The area
in question may be searched at any time, with or without the
employee being present. As a general rule, with the exception of
items relating to personal hygiene or health, no employee should ever
bring anything to work or store anything at work that he or she would
not be prepared to show and possibly turn over to the City officials
and/or law enforcement authorities.
All employees of the City of Pearland are subject to this policy,
however, any given search may be restricted to one or more specific
individuals, depending upon the situation. Searches will be done
based upon reasonable suspicion. 'Reasonable suspicion' means
5/18/2004 Page 2 of 3 Section 6.13
circumstances suggesting to a reasonable person that there is a
possibility that one or more individuals may be in possession of a
prohibited item as defined above Any search under this policy will be
done in a manner protecting employee confidentiality and personal
dignity to the greatest extent possible. The City will take action with
any unauthorized release of information concerning individual
employees.
An employee who refuses to submit to a search request from the City
will face disciplinary action, up to and including termination of
employment.
5/18/2004 Page 3 of 3 Section 6.13
�•
CHAPTER
EMPLOYEE
CONDUCT
6
SECTION
ELECTRONIC
TELEPHONIC
COMMUNICATIONS
6.14
AND
`l
'
E X AS
Purpose
It is the intent of the City of Pearland that communications equipment,
including electronic mail, facsimiles, telephone systems, personal
computers, computer networks, on-line services Internet
connections, computer files, telex systems video equipment and
tapes, tape recorders and recordings, pagers, two-way radios, and
mobile/cell phones are considered tools to enhance productivity..
Employees are fully responsible for the cost-effective use and care of
these tools.
Discussion
Communications equipment, as with other City assets and resources,
are acquired with public funds to enable City employees to transact
City business in the most efficient and cost effective method possible,
and are not intended for entertainment.
Employees should ensure that no personal correspondence appears
to be an official communication of the City since employees may be
perceived as representatives of the City and, therefore, damage or
create liability for the City In addition, employees are prohibited from
using City telephonic and electronic communications for personal
business.
Occasional personal e-mail shall be treated the same as personal
phone calls and should held to a minimum. Outgoing messages,
whether by mail, facsimile, e-mail, Internet transmission, or any other
means, should be accurate, appropriate, and work -related.
Employees may not use the City's address for receiving personal mail
or use City stationary or postage for personal mail In addition, the
5/18/2004
Page 1 of 7 Section 6.14
department head must approve all orders for City stationary and/or
business cards.
Improper use of City communications services and equipment may
result in disciplinary action, up to and including termination. Improper
u se includes any harassing, offensive, demeaning, insulting,
defaming, intimidating or sexually suggestive written recorded, or
e lectronically transmitted messages, or any other misuse as
descnbed in this policy. Each employee must read and sign a copy
of the City's Computer Systems Information Policy describing
appropriate use of the Internet and E-Mail, and agreeing to abide by
the policy.
Mobile/Cell phones and pagers
All costs or expenses associated with personal use of City -owned
mobile/cell phones and pagers shall be the financial responsibility of
the employee.
Employees have no legitimate expectation of privacy when using this
resource. The City shall have the right to monitor all types of
communication at any time. Employees of the City shall be deemed
to consent to such monitoring by acknowledging in writing receipt of
these guidelines and further, by continuation of employment with the
City of Pearland.
As a general rule, the following employees are eligible for City -owned
mobile/cell phones, and or pagers:
• Employees who serve in public safety capacities and who by
job title and responsibility routinely serve or are subject to serve
in command or field coordinator roles for actual incidents or
rehearsals for incidents that may threaten public safety and
well-being.
• Employees with whom immediate and direct telephonic
communications are necessary in the performance of their job
5/18/2004 Page 2 of 7 Section 6.14
responsibilities and organizational duties. Radios should be the
first method of communication with other City employees who
also have access to a radio.
• Employees with assigned duties and responsibilities that
require immediate communication access and where a
mobile/cell phone and/or pager provides economic or functional
benefits over and above other means of communications.
Responsibilities
Department heads are responsible for:
o Reviewing established criteria in order to determine which
employees have legitimate business needs to have a
mobile/cell phone and/or pager assigned to them.
o Reviewing directive/policy related to mobile/cell phones,
and/or pagers with the affected employee and obtaining
the employee's signature.
o Ensuring that employees protect and maintain all
mobile/cell phones and pagers.
o Returning mobile/cell phone and pager equipment when
an individual is reassigned or terminates employment.
o Reviewing each statement from the carrier prior to
submitting for payment.
Employees retain the responsibility for:
o The repair or replacement cost of the unit in the event that
the phone or pager is damaged, lost, or stolen due to
negligence on the part of the employee.
5/18/2004 Page 3 of 7 Section 6.14
o Ensuring that the mobile/cell phone and pager is to be
used with few exceptions for City business. Some
circumstances may warrant personal use of the City's
cell/mobile telephone, which in some instances may be
preferable to the employee departing the work area to
make the call. It is the responsibility of the employee to
exercise best business practices when placing such calls,
and to reimburse the City for such calls at the prevailing
per minute rate.
o Ensuring that pagers are used for employee contact in
order to limit cost associated with airtime. Radios should
be the first method of communications with other City
employees who also have access to a radio.
o Limiting the release of the mobile telephone numbers to
anyone except those in the immediate chain of command.
•
o Reviewing the monthly bill and noting each call that is
made (or was not made) in the course of conducting City
business. This includes incoming calls. A reimbursement
check for emergency personal calls shall be attached and
returned to the designated individual so that the payment
may be received in Finance within the established time
frame.
o Maintaining and operating the mobile/cell phone and
associated equipment consistent with all manufacturing
guidelines and City directive.
Public Works, Police, Fire, and EMS departments are authorized to
maintain a limited number of cell phones to be routinely assigned to
their work crews on standby. Logs detailing the name of the
individual who checked out the telephone and the date(s) used
should be maintained.
5/18/2004 Page 4 of 7 Section 6.14
E-Mail
The e-mail system that is provided to employees is the sole property
of the City of Pearland, and is intended for business use In that
regard, the City reserves the right to access review, and monitor e-
mail use, including any data that is stored or transmitted.
The City of Pearland strictly prohibits the transmission of
discriminatory or harassing e-mail. All potentially harassing e-mail
will be investigated, and violators shall be disciplined under the
harassment policy.
Employees shall exercise reasonable care when using e-mail,
facsimiles, or any other insecure communication system to
communicate confidential information. E-mail shall not be used to
communicate disciplinary warnings between supervisors/department
heads and employees. Any confidential matter, including disciplinary
and performance issues, medical information, investigatory matters,
etc., are not appropriate for e-mail transmission.
Internet Use
The City provides equipment for Internet access to certain positions.
Standards for the use of the City s Internet connection apply to all
employees of the City, including full-time, part-time, and temporary.
employees, who use the City's equipment.
The City of Pearland encourages employees to use the Internet as a
resource to gain various types of business information and to
facilitate City -related business communications and research.
Employees therefore, shall use the System in a responsible, efficient,
ethical and legal manner and to limit Internet usage to an appropriate
level in terms of the content sent or received.
All browser and FTP history files, electronic storage, cache files, and
their contents including attachments and any other temporary or
permanent parts, transmitted or received on the System are, and
5/18/2004 Page 5 of 7 Section 6.14
remain, the property of the City of Pearland, and employees enjoy no
right of privacy in the use of the System even if for permitted personal
use. Employees must recognize that it is within the capabilities of the
System to recover previously deleted elements at any time, and those
recovered elements remain the property of the City.
The City reserves the right, with or without notice, at any time for any
reason, to monitor the use of the System and to access files or other
information sent or received on the System. The City may, at its
discretion, implement measures and methods to block employee
access to undesirable and discriminatory Internet sites.
P asswords shall be utilized to prevent unauthorized access to City of
P earland computer systems The Information Systems Coordinator is
responsible for password control and violation reporting.
Guidelines:
• Passwords are to be assigned to individual employees, or
issued on an individual employee basis if computerized records
are being accessed as part of their job duty.
• Passwords are to be handled with confidentiality; however,
department heads may wish to have access to computers.
• Employees are prohibited from using the Internet for any of the
following purposes:
o Sending or choosing to receive copies of documents or
software in violation of copyright laws.
o Sending or choosing to receive information that could
reasonably be considered as being offensive, sexually
explicit, abusive, threatening, or otherwise inappropriate
for the workplace, except when such use is in furtherance
of or related to the employee's job duties and as
specifically authorized by a supervisor.
5/18/2004 Page 6 of 7 Section 6.14
o Sending or choosing to receive information that violates
City policy, including the City's sexual harassment policy.
o Using the Internet to communicate with other employees
for the purpose of promoting any business or organization
o r to promote, comment on, or discuss any social,
religious or political cause or issue, except when such
u se in furtherance of or related to the employee's job
duties and as specifically authorized by a supervisor.
o Breaking into the System or unauthorized use of a
password.
o Intentionally and maliciously misrepresenting the
originator of any type of electronic communications.
o Sending or choosing to receive non -business software
including games or entertainment software.
o Sending or choosing to receive information in a
"streaming" or continuous manner (as in a radio or
television broadcast) except when such use is in
furtherance of or related to the employee's job duties and
as specifically authorized by a supervisor.
Any person violating this policy will be subject to disciplinary action,
up to and including termination.
5/18/2004 Page 7 of 7 Section 6.14
CHAPTER 6
SECTION
6.15
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EFIE
TT
EMPLOYEE
SOLICITATION
AND
CONDUCT
DISTRIBUTION
OF
X A 5
LITERATURE
Purpose
It is the policy of the City of Pearland to prohibit solicitation and
distribution on its premises by non -employees and to permit
solicitation and distribution by employees only as outlined below.
Discussion
The City has chosen to limit solicitation and distribution on its
premises because those activities can interfere with its normal
operations, reduce employee efficiency, annoy customers, and pose
a threat to security.
Individuals not employed by the City are prohibited from soliciting
funds or signatures, conducting membership drives, distributing
literature or gifts, offering to sell merchandise or services (except by
representatives of suppliers properly identified to the Human
Resources Department), or engaging in any other solicitation,
distribution, or similar activity on City premises.
The City may authorize a limited number of fund drives by employees
on behalf of charitable organizations or for employee gifts
Employees are encouraged to volunteer to assist in these drives, but
participation is entirely voluntary.
The following restrictions apply when employees engage in permitted
solicitation or distribution of literature for any group or organization,
including charitable organizations:
• The sale of merchandise or services is prohibited on City
premises.
5/18/2004 Page 1 of 2 Section 6.15
• Soliciting and distributing literature during work hours of either
the employee making the solicitation or distribution or the
targeted employee, is prohibited. The term 'work hours" does
not include an employee's authorized lunch or rest period or
other times when the employee is not required to be working.
• Distribution of literature is prohibited in work areas at all times.
• Distributing literature in a way that causes litter on City property
is prohibited.
The City maintains various communication systems to convey City
information to employees and disseminate or post notices required by
law. These communications systems, including bulletin boards,
e lectronic mail, voice mail, facsimile machines, and personal
computers, are for business use only and may not be used for
employee solicitation or distribution of literature except as permitted
by law In particular, bulletin boards are for the posting of City
information and notices only and only persons designated by the City
Secretary and/or the Director of Human Resources may place notices
on or take material down from bulletin boards in City Hall The
u nauthorized use of the communication systems or the distribution or
posting of notices, photographs, or other materials on any City
property is prohibited
5/18/2004 Page 2 of 2 Section 6.15
CHAPTER 6
SECTION
6.16
deb���
..,;
EMPLOYEE
BULLETIN BOARDS
CONDUCT
TEXit
A, S ._..
Purpose
To maintain an effective avenue for communicating with our citizens
the City of Pearland maintains bulletin boards that contain official
notices The City of Pearland also provides bulletin boards in
employee break areas to convey information about the City.
Discussion
Bulletin boards located in the front of City Hall are to be maintained
by the City Secretary's office for official notices. These bulletin
boards are uniform in size, glass enclosed, and locked for security
and cleanliness purposes.
Bulletin boards in the break area of City Hall are to be used to
communicate information on equal employment opportunity, wage
and hour, health and safety, and other issues. They are also used to
communicate information about job postings, safety rules benefit
programs, and notices announcing special events, such as blood
donor drives, etc. These bulletin boards are to be maintained by the
Human Resources Department.
Employees may not arbitrarily post, tape, tack, or affix in any way
any form of literature, printed or written materials, photographs, or
notices of any kind on City bulletin boards or their glass coverings, on
the walls, in time clock areas, or anywhere else on City property.
Bulletin boards belonging to the City of Pearland may not be used by
employees or outside parties for the posting of commercial notes and
advertisements, announcements and witticisms, sale of personal
5/18/2004 Page 1 of 2 Section 6.16
property, or any other matters, work related or not. Employees and
outside parties are also prohibited from distributing literature and
soliciting other employees by means of the bulletin boards (See
Section 6.15).
The City Secretary's office maintains keys for glass covered bulletin
boards at City Hall. Members of the City Secretary or Human
Resources Departments, who are responsible for keeping the City's
bulletin boards up-to-date and attractive, must approve all postings.
5/18/2004 Page 2 of 2 Section 6.16
CHAPTER 6
SECTION
6.17
jY
'
EMPLOYEE
MEDIA
RELATIONS
CONDUCT
X AS
Purpose
It is the intent of the City of Pearland to establish a policy regarding
contact with the media, whether it is television, radio, or newspaper
reporters.
Discussion
The City of Pearland has created the Public Affairs Department to
respond to any and all media requests within a reasonable period of
time and with current and correct information.
Upon request by the media to answer questions or supply
information, department heads are to contact the Public Affairs
Department to determine what, if any, pre -approved statement has
been developed by Administration.
Media contact is defined, but not limited to:
• Interview request placed in -person or by letter, phone, fax, or e-
mail for any staff person or volunteer on or off City premises.
• Planned interview with staff person or volunteer on or off City
premises.
• Spontaneous interview with staff person or volunteer on or off
City premises (scene of an accident, at a fire scene, or a "drop -
in' visit).
5/18/2004 Page 1 of 2 Section 6.17
Departmental procedures should be developed to include a method
for notifying the City Manager, Public Affairs, and any affected
department(s) concerning the media contact and any response that is
given. The City Manager will notify City council.
It is the responsibility of the employee initially contacted to
acknowledge the request made by the media person(s), and agree to
have someone contact them again within the half-hour If there has
been a pre -approved procedure developed for the department to deal
with the media, then the person receiving the initial request shall
respond to the media question(s) asked, if so allowed by the
departmental procedure(s).
Department heads/supervisors shall be notified immediately of the
initial media inquiry, with details of the request and response.
Media contacts occurring after normal working hours will be handled
the next business day during normal working hours as early as
possible If an employee responds to a media contact without
following departmental procedure, disciplinary action may be taken.
In the event of an inquiry that involves disaster, serious injury, or
death, protocols outlined by the Emergency Operations Coordinator
shall be followed.
5/18/2004 Page 2 of 2 Section 6.17
SECTION 6.18
CHAPTER 6
1Tt.:X1S
7.11t. Tr
EMPLOYEE
ACCEPTANCE
OF
GIFTS
CONDUCT
AS
1
..
Purpose
Acceptance of gifts by individual municipal employees is prohibited
except in certain special situations outlined below:
Discussion
An employee is prohibited from soliciting accepting, or agreeing to
accept any gift for himself/herself and/or his/her family or friends that
could be reasonably construed as affecting the employee's objectivity
in the performance of their duties. This includes gifts of money,
property, service, or other items of value from any source except by
or through the City's compensation plan and benefits accruing to an
employee as provided by the policies of the Employee Handbook.
The prohibition of the acceptance of gifts does not apply to requests
for free easements, park sites, foundation grants, or any gift that is
intended to benefit the City at large. In addition, the prohibition of
acceptance of gifts does not include small perishable items,
reasonably priced business lunches, and small office supply
advertisement tokens. Where possible, such gifts shall be made
available for the enjoyment of all the employees of that particular
department or division.
Nothing required herein shall be construed to permit what is
otherwise prohibited behavior under current law or to authorize
acceptance of any gift which may give even an appearance of
impropriety.
Violation of this policy will be treated as a major violation and,
depending on the circumstances may be grounds for disciplinary
action, up to and including termination.
5/18/2004 Page 1 of 1 Section 6.18
APPENDIX
1) Substance Abuse Procedure
2) Texas Workers' Compensation Procedure
3) Training Trak
4)• Request to Engage in Off -Duty Employment
5) Compensatory Time Off Agreement
6) Request for Vacation Carryover or Payment
7) Family and Medical Leave (FMLA) Procedure
8) Application for Education Assistance
9) Driver Evaluation Test
10) Motor Vehicle Accident Report
11) Property/Equipment Loss or Damage Report
CITY OF PEARLAND
SUBSTANCE ABUSE PROCEDURE
Effective: March 1, 2002
Revision Date: September 1, 2002
TABLE OF CONTENTS
Pages)
Statement of Policy 3
Qualifications for Employment and Prohibited Conduct 3-4
Substances Tested 4-6
Required Testing 6-9
Specimen Collection 9-10
Testing Methodology 10-11
Medical Review Officer 11-14
Disciplme 14-15
Employee Assistance Training and Education 15-17
Confidentiality 17
Record Retention 17
Acknowledgment and Receipt of Substance Abuse Policy 17
Special Considerations 17-18
Appendices
A-1 Notification of Pre -employment Drug Screen
A-2 Applicant Consent Form
B-1-B-5 Supervisor Report of Reasonable Cause
B-6 Authonzation/Record Release
C Specimen Collection Procedures (5 pages)
D Employee Split Specimen Testing Request Form
E Certification of Completion of Drug Abuse Awareness Program
F Drug Testing Authonzation Record Release
G Acknowledgment and Receipt of Substance Abuse Policy
Page 2
STATEMENT OF POLICY
A. General Provisions
The City of Pearland recognizes that the use and/or abuse of alcohol or controlled substances by
employees present a serious threat to the safety and health of the employee and the general
public. It is the policy of the City of Pearland that employees who drive on the public roads of
Texas and throughout the nation should be free of drugs and of alcohol.
In order to further our goal of obtaining a drug/alcohol free workplace, and to come into
compliance with existing Federal Regulations, the City of Pearland decided to implement a drug -
testing program, designed to reduce accidents and casualties in our operation. The City believes
that the implementation of such a program will discourage substance abuse and reduce
absenteeism, accidents, health care costs and other drug -related problems. The City further
believes that a drug testing program will operate as a deterrent to those individuals who might be
tempted to try drugs for the first time or who currently use drugs. Finally, the City believes that
the program will enhance the safety and health of its employees and the community by fostering
the early identification of workers with drug and alcohol abuse problems.
The City of Pearland's drug/alcohol testing program is incorporated in an overall substance abuse
policy designed to create a drug -free workplace. The program has been developed in compliance
with existmg federal regulations and in a manner, which ensures accurate and reliable test
results, thereby eliminating the possibility of any "false positives". It also contains procedures
designed to recognize and respect the dignity and privacy of all City employees. More
importantly, the City recognizes that its employees are a valuable resource and wants to assist
any employee who voluntarily comes forward and requests assistance with chemical dependency
or alcoholism. The City therefore provides information on and access to an appropriate
employee assistance program prior to any request for a drug test under this policy.
QUALIFICATIONS FOR EMPLOYMENT AND PROHIBITED CONDUCT
A. Prohibited Conduct
City policy prohibits the following conduct:
1. No person will be "physically qualified" to dnve a motor vehicle if he or she uses,
possesses, or is under the influence of a Schedule I drug, amphetamine, narcotic
or any other habit formmg drug, or if he or she has a current clinical diagnosis of
active alcoholism. This excludes any medication prescribed by a physician who
has advised the driver that the medication will not interfere with his or her ability
to safely operate a motor vehicle.
2. No person shall consume or be under the influence of an intoxicating beverage
within four (4) hours before going on duty, operating or having physical control
of a motor vehicle.
Page 3
3. No person shall consume, be under the influence, or possess any intoxicating
beverage or have any measured alcohol concentration or detected presence of
alcohol while on duty, operating or having physical control of a motor vehicle.
4. No person shall be permitted to operate a motor vehicle if his or her general
appearance, conduct or other evidence indicates that he has consumed an
intoxicating beverage within the preceding four (4) hours
5. A person will be disqualified from driving a motor vehicle for a minimum of one
(1) year if he is convicted of operating a motor vehicle while under the influence
of a drug or alcohol, transporting, possessing or using a Schedule I drug,
amphetamine or narcotic. In this event, the person will be considered for transfer
to another position, if available, and/or qualified.
As a condition of employment, the City of Pearland requests that City employees do not use
controlled substances (without medical supervision) either in the workplace or during their off -
duty time. Furthermore a verified positive urine drug test through this testing program
represents gross misconduct of the City of Pearland's Substance Abuse Initiative, for the
workplace and the community as a whole.
B. Disqualification
The above rules govern an employee's quahfications to operate a motor vehicle for business
purposes as an employee of the City of Pearland. Under these rules, any driver found to be usmg
or under the influence of any controlled substance will not be qualified to operate a motor
vehicle. Therefore, any driver who tests positive for a controlled substance in any drug test or
positive on an alcohol test required under this policy will be disqualified from driving a motor
vehicle for the City of Pearland. Dnvers testing positive after fatal accidents will not be eligible
for reinstatement to driving duties for a penod of at least one (1) year from the date of the
positive test result
In addition to any disqualification under this policy, the employee may also be subject to
discipline, up to and including discharge, for any positive or adulterated test result or conduct in
relation to a drug and/or alcohol test, depending upon the circumstance surroundmg the taking of
the test and the positive result.
C. Criminal Convictions of Drug Statutes
A conviction under any cnmmal drug statute; or failure to notify the City of Pearland of any
arrest or conviction under any criminal drug statute, within five days after the arrest or
conviction may result in termination of employment.
SUBSTANCES TESTED
A. Controlled Substance
Page 4
Any drug test required by the City of Pearland will analyze an individual's urine to test for the
presence of the following "controlled substances" as defined by state and/or federal laws, but are
not limited to:
Amphetamines
Marijuana (THC)
Cocaine
Opiates
Phencyclidine
In addition to the above substances, the City of Pearland reserves the right to also test for other
substances in circumstances such as but not limited to, Reasonable Cause in consultation with
the City of Pearland's Medical Review Officer (MRO). (In order to perform this additional
testing, an additional non -DOT urine specimen collection will be required.)
B. Alcohol Testing
All alcohol tests conducted under this Policy require the employee to provide a breath specimen
for any test conducted by, or on behalf of, the City of Pearland.
Alcohol tests will be admimstered using a breath specimen, taken by a breath alcohol technician
(BAT) using an approved breath testing device (EBT), designated by the City of Pearland;
except in cases of on -scene post -accident testing conducted by federal, state or local officials.
Before being tested by the City of Pearland, each employee will be required to (1) present his/her
personal identification, and (2) execute a "Breath Alcohol Test Form' provided by the BAT. An
employee who refuses to provide his/her identification, provides a false identification, refuses to
execute the consent forms or who otherwise refuses or fails to cooperate will be treated as though
he/she has tested positive and will be subject to disciplinary action, up to and including
discharge.
To protect each employee, the BAT will open and attach to the testing device an individually
sealed mouthpiece in the employee's view. The employee will then be directed to blow
forcefully into the breath -testing device until an adequate amount of breath has been mamtained.
In the event that an employee is unable to provide an adequate amount of breath for the initial or
confirmatory test after several attempts to do so, the employee will be:
Required to submit to an evaluation by a licensed medical physician to determine
whether a valid medical condition exists. If the physician determines that a valid medical
condition does exist and the City of Pearland notified thereof, the City of Pearland will
not deem this as a refusal to test. If the physician determines that a valid medical
condition does not exist and provides a written statement of the basis for his/her
conclusion to the City of Pearland, the employee/applicant's failure to provide an
adequate amount of breath shall be regarded by the City of Pearland as a refusal to take a
test and will be subject to disciplinary action, up to and including discharge.
C. Alcohol Testing Results (breath)
1. Alcohol test result less than 0.02 grams percent is a negative test.
Page 5
2. Alcohol test result of 0.02 or greater but less than 0.04 grams percent will
disqualify employee from safety sensitive function for a minimum of 24 hours.
3. Alcohol test result of 0.04 grams percent or greater is a positive alcohol test.
Employee is medically disqualified from performing safety -sensitive duties and
will be subject to termination.
D. Prescribed Medication
An employee who has a laboratory positive urine drug test will have the opportunity to discuss
the use of medications and recent medical care with the MRO. The employee will be required to
identify the physician prescribing the medication and authorize the MRO to communicate with
that physician about the medication, its possible side effects and the condition requiring the
taking of the medication and their relationship to the employee's ability to safely perform his/her
job.
If the MRO determines that an employee is taking or is under the influence of a prescribed
medication that will adversely affect the employee's ability to safely and adequately perform his
or her job, and or pose a significant risk of harm to the public or to other employees, the
employee will be placed on a medical leave of absence (utilizing the employees sick leave, if
available) or placed in another position until the employee is no longer taking the medication,
provided a safe and reasonable accommodation can be made.
REQUIRED TESTING
A. Post -Offer
Any applicant, considered for employment will be required to provide a urine, and/or breath
sample for testing. The applicant will be advised of the drug test in a letter that will be given to
him describing the time and location for the taking of the sample. Appendices Al-A2
As a condition for employment an individual applying for a position requirmg the performance
of safety -sensitive functions shall, at the request of the City of Pearland, provide written
authorization for previous employers to release to the City of Pearland any and all test results,
including records of the individual's refusal to test administered in accordance with the Federal
Highway Association s (FHWA) Rules and Regulations concerning controlled substances and
alcohol use and testing.
B. Promotional Positions
All classified and non -classified personnel will be subject to drug testing as a part of a physical
examination required for promotional positions.
C. Transfers
All classified personnel under Chapter 143 of the Texas Local Government Code employed as
certified peace officers within the Pearland Police Department will be subject to drug testing as a
condition of transfer into any one of the following divisions/units in the Police Department:
Page 6
1. Narcotics
2. Organized Crime Unit
3. D A.R.T. (Direct Action Response Team)
4. D.A.R.E. (Drug Abuse Resistance Eduction)
5. C LD (Criminal Investigation Division)
6. S.R.O. (School Resource Officer)
The City of Pearland reserves the right to amend, change, and/or expand the divisions/units in
the Police Department that are subject to testing as business needs necessitate.
All non -classified personnel transfemng into safety sensitive positions as described under
"Required Testing, Section F ' will be subject to drug testing as a condition of transfer.
D. Reasonable Cause
The City of Pearland will require a drug/alcohol test for an employee when there is reasonable
cause to believe that the employee is using a prohibited drug and/or alcohol in violation of this
Policy. The employee will be asked to sign the consent form. Any employee who refuses to
sign the consent form or to provide urine and/or blood sample will be considered insubordinate
and will be subject to appropriate disciplinary actions including discharge.
If possible, the reasonable cause circumstances should be witnessed by at least two (2)
Supervisors or Department Heads. Any Supervisor or Department Head will be required to
complete a "Supervisor's Report of' Reasonable Cause" which will be forwarded immediately to
Human Resources for review and consideration with any positive test result. Page 1-5 of
Appendix B-1 - B-6
The employee shall be escorted to the clinic by a Supervisor or Department Head to provide a
urine sample for drug testing and breath sample for alcohol testing. After appropriate samples
are provided, arrangements will be made with a spouse, family member or other individual to
transport the employee to lus/her home. In the event no such individual is available a taxicab
will be called to take the employee home, at the employee's expense. The employee will be
reimbursed for the cost of the taxicab if the result of his/her sample test is negative. If the
employee refuses and attempts to operate his/her own vehicle, the City of Pearland will take
appropriate efforts to discourage him/her from doing so, up to and including contacting local law
enforcement officials.
Pending the City of Pearland's receipt of the employees' drug/alcohol test, the employee will be
suspended without pay. If the test results are negative, the employee will be reinstated with no
loss of seniority and in appropnate instances will be awarded full back pay.
E. Post -Accident
Following any incident resulting in an injury or accident, the Human Resource Office shall be
notified at the first available opportunity. In addition, any employee involved in an incident as
described below shall be required to provide a blood and urine sample as soon as possible and no
later than the end of the current work shift:
Page 7
1. A fatality;
2. Bodily injury to any person (employee, co-worker, and/or non -employee) who, as
a result of the accident is injured and receives medical treatment away from the
scene of the accident,
3. An incident involving one or more motor vehicles incumng disabling damage as a
result of the incident, requiring the vehicle to be transported away from the scene
by a tow truck or other vehicle, or
4. An incident involving moving violations that results in a citation being given by a
law enforcement officer.
The employee mvolved in any one of the above shall notify the City of Pearland at the first
available opportunity after the accident.
In the event a dnver is seriously injured and unable to provide a urine sample, breath and/or
blood alcohol sample, he/she shall authonze the health care provider to release to the City of
Pearland any information necessary to indicate the presence of any controlled substance in
his/her system.
Any employee failing or refusing to provide a drug/alcohol sample or who has a verified positive
or adulterated test result after being involved in an accident will be subject to appropriate
disciplinary measures, up to and mcludmg discharge.
F. Random
The City of Pearland will administer, monthly, unannounced, random urine drug tests.
Employees will be selected for random testing by a computer -based random number generator,
and all employees in safety sensitive positions will have an equal chance of being selected. Any
employee selected for a random test will be subject to additional random tests in the future if
he/she is again selected. Employees in the following positions and those employees that drive
City vehicles are subject to random drug/alcohol testing include:
Police: All Classified Personnel, Jailer, Records Clerk and Dispatcher.
EMS:
P.T. Paramedic, P.T. EMT, Volunteer EMT, EMS Clerk,
Office Coordinator, Inspector/Investigator, Assistant Fire Marshal,
Fire Marshal
Fire: Volunteer Firefighter.
Engineering: All inspectors.
Parks: Maintenance Worker, Crew Leader, Supervisor, Superintendent,
and all personnel working with children including seasonal and
part-time employees.
Page 8
Utility Billing: Field Service Technician.
Fleet: Fleet Manager, Chief Mechamc, Mechanic, Maintenance Worker.
Streets & Drainage: All personnel.
Water & Sewer: All personnel.
Maint./Constr.
WWTP: All personnel.
Animal Control: All personnel.
Community Services: Building Inspector, Code Enforcement Officer, Health Officer
Plans Examiner, and Deputy Building Official .
The City of Pearland reserves the right to amend, change, and/or expand the safety sensitive
positions that are subject to random drug/alcohol testing as business needs necessitate.
Any employee refusing to submit to a random drug/alcohol test at the time of the request
('Refusal to Test") will be subject to appropriate disciplinary measures, up to an including
discharge.
G. Return -to -Work Testing
For those employees who come forward voluntarily and ask for assistance with a substance
abuse problem and who have obtained a formal Substance Abuse Professional (SAP) assessment,
diagnosis, treatment and formal return -to -work release by the SAP or treatment provider, this test
must be completed and negative before the employee may return to work (if work is available).
H. Follow -Up Testing
Any employee who returns to work after participating in a rehabilitation or employee assistance
program will be subject to additional unannounced alcohol and/or drug tests (at least six (6) in 12
months) at any time for up to 60 months after returning to work.
I. Voluntary Testing
The City of Pearland recogmzes that situations may arise during which an employee may request
to be tested on a voluntary basis Prior to performing this voluntary test, the City of Pearland
will review the situation, on a case -by -case basis, in order to determine if the test will be
authonzed to be done.
J. Refusal to Submit / Insubordination
Any employee who refuses to submit to any drug and/or alcohol test required under this section
(Refusal to Test) OR who refuses to cooperate with the City of Pearland's representatives (MRO,
Page 9
Human Resources, Department Head, Supervisor, collection facility) will be subject to
disciplinary action up to and including discharge.
SPECIMEN COLLECTION
General Standards
To ensure the integrity and accuracy of each test, any person required to provide a urine, breath
and/or blood sample will be insured that the procedures will follow the Department of Health
and Human Services (DHHS) protocol. Urine Specimen Collection Procedure: Appendix C.
This includes, among other things:
(a) Procedures to ensure the correct identity of each employee at the time of
collection;
(b)
A strict chain -of -custody procedure to ensure that the employee's specimen is not
tampered with; and
(c) The use of a trained breath alcohol technician (BAT) and a DOT approved testing
device for conducting alcohol tests.
To further facilitate the integrity and accuracy of each test, the City of Pearland will provide
employees with written and/or oral instruction regarding the conduct of the specific test before
each testing event. Employees who refuse or otherwise fail to comply with all such instructions
will be subject to disciplinary action, up to and including discharge.
TESTING METHODOLOGY
A. Laboratory
All urine specimens to be tested for the presence of controlled substances must be analyzed by a
laboratory certified under the DHHS guidelines for Federal Workplace Drug Testing Programs
and this laboratory will be selected by the City of Pearland.
All urine specimens will be imtially tested for the use of controlled substances by an
immunoassay screen. The cut-off levels are as follows:
1. Marijuana metabolites 50 ng/ml
2. Cocaine metabolites 300 ng/ml
3. Opiate metabolites 2,000 ng/ml (25 ng/ml if specific for free morphine)
4. Phencyclidine 25 ng/ml
5. Amphetamines 1,000 ng/ml
Any positive test results in an initial test will be confirmed by a second analytical procedure,
which uses a different chemical technique and procedure through gas chromatography/mass
spectrometry (GC/MS). The cut-off levels used to establish the existence of a "confirmed
positive" result are as follows:
Page 10
1. Marijuana metabolites 15 ng/ml (THC)
2. Cocaine metabolites 150 ng/ml (Benzoylecgonine)
3. Opiate metabolites 2,000 ng/ml (Codeine & Morphine)
4. Phencyclidine 25 ng/ml
5. Amphetamines 500 ng/ml (Amphetamine & Methamphetamme)
Where appropriate, the laboratory will also analyze the specimen for the presence of adulterants.
In the event the laboratory has reason to believe a specimen has been adulterated, the laboratory
shall report the result to the MRO as follows:
1. Low Specific Gravity and Creatimne;
2. Specimen not suitable for testing; and
3. Specimen adulterated: Presence of ("Name of Adulterant') detected.
B. Reportmg of Test Results
The laboratory will report the test results to the City of Pearland's MRO within five (5) working
days after the receipt of the specimen. Test results may not be reported verbally, by telephone
and the laboratory will not report any test results to the City of Pearland, but only to its MRO.
The MRO may request from the laboratory and the laboratory will provide quantification of test
results. The MRO will not, however, disclose the quantification of test results to the City of
Pearland unless disclosure of the same to the employer, employee or decision -maker is necessary
in a lawsuit, gnevance or other proceeding imtiated by or on behalf of the employee arising from
a verified drug test.
The laboratory will also provide the employer or its agent with a quarterly statistical summary of
the testing program, but will not include any personal identifying information.
MEDICAL REVIEW OFFICER / MRO VERIFICATION / MRO REPORTS
A. Medical Review Officer (MRO)
The MRO will be a licensed physician with knowledge of substance abuse disorders. The MRO
will review and mterpret test results received from the laboratory and may also request
quantification of the test results from the lab. The MRO will also review the chain -of -custody to
ensure that it is sufficient and complete.
This is called the MRO verification process, which renders the final MRO Report.
B. MRO VERIFICATION
In order to assure that employees are not being harmed by the possibility of any false positive
results, the MRO will explore possible alternative medical explanations for the specified
laboratory result. The MRO will conduct a medical interview with the individual, over the
Page 11
telephone, and give the individual the opportunity to discuss the laboratory result. He may also
review the individual s medical history and any other relevant biomedical factors In addition if
the laboratory test result could have results from a legally prescnbed medication, the MRO will
review all medical records made available by the employee.
C. MRO / EMPLOYEE CONTACT
The MRO will contact the individual, on a confidential basis, to determine whether the employee
wishes to discuss the test result.
If, after making and documenting reasonable efforts to contact the individual, the MRO is unable
to reach the individual directly, the MRO will contact a designated management official who will
direct the individual to contact the MRO prior to going on duty.
The MRO may verify a test without having communicated directly with an employee/apphcant
about the results:
1. If employee/applicant expressly declines the opportunity to discuss the test; or
2. If, after reasonable efforts to contact the employee/apphcant (in concert with the
assistance of the designated management official) contact has not been achieved,
and in the MRO's professional opimon, a potential safety -sensitive risk exists
(MRO Result will have qualifying statement: "Unable to Contact").
If a test is venfied because of the employee/applicant's failure to contact the MRO (No. 2 above)
the employee will have the opportunity to provide the MRO with the appropriate evidence or
other circumstances, which prevent him/her from timely contacting the MRO. The MRO, based
on the information obtained, may reopen the verification and allow the employee/apphcant to
present information concerning a legitimate explanation for the laboratory result. If the MRO
concludes that there is a legitimate explanation, the MRO will venfy the test to be negative.
D. MRO Reports
The following represent possible MRO REPORTS from the imtial Laboratory Results.
1. Verified Positive
A laboratory confirmed positive result. The MRO verifies this result as a verified
positive, if there are no medical, legal or biomedical factors to explain why this certain
substance(s) is present in the specimen.
2. Verified Negative
A laboratory negative result OR a laboratory confirmed positive result. The MRO
verifies this result as a verified negative if there are appropnate biomedical factors (such
as prescription medication, foreign medication, dietary concerns and/or medical care),
which explain the initial laboratory result.
3. Verified Adulterated
Page 12
A laboratory result of adulteration, interference or negative (creatinine and/or specific
gravity out of range). The MRO verifies that this specimen is NOT a physiologic
specimen: "not human urine " This may be accomplished through additional testing
requested by the MRO The MRO verifies this result as a verified adulterated or
adulterated/substituted specimen report.
4. Verified Canceled
A laboratory result of interference, unable to rest or test not performed. The MRO
identifies that the employee is taking a prescription medication known to cause this
scientific phenomena. The MRO verifies this result as a verified canceled test report.
The MRO may request, if medically feasible that the applicant cease the medication for a
time period and to have re -collection (this applies to those employees who require a
"negative test" BEFORE performing a covered position); OR specimen temperature out -
of -range; OR technical problems with the specimen and/or chain -of -custody form; OR
Split Sample testing non -confirmatory.
5. Verified /Recommended Immediate Witness Re -collection
A laboratory result of interference, unable to test or test not performed. The MRO
investigation reveals no prescription medication known to cause this scientific
phenomena. This first test is neither positive nor negative. A second test is requested (as
soon as it can be arranged) This second test should be witnessed since the MRO cannot
rule in or rule out adulteration with the first specimen. The witnessed second specimen
virtually eliminates adulteration by the individual.
6. Verified Negative "Medically Unqualified" Status
A laboratory confirmed positive result. The MRO verifies this result as negative, but
"medically unqualified' to perform safety -sensitive function/duties Which means,
formal review has discovered that there are direct or indirect biomedical factors, which
suggest a potential 'safety sensitive risk". Formal medical evaluation/clearance should
be conducted before the employee performs a safety -sensitive function/duties.
7. Venfied Negative "Creatimne and Specific Gravity Out of Range"
A laboratory negative result, with the qualifying statement that the mdices of the urine
'watery-ness" being out of the normal ranges. This test is negative. The next "test" shall
be witnessed.
E. Additional Testing
1. Re -analysis of onginal specimen
a. MRO Requested Re -analysis
If a question arises as to the validity or accuracy of a positive test result, the MRO will be
authorized to order a re -analysis of the original sample at an appropriate laboratory.
b. Employee Split Specimen Testing
The employee with a verified positive report, can request within 72 hours of notification
of the positive verification, for the original specimen to be reanalyzed at the same or
Page 13
another Substance Abuse Mental Health Services Administration (SAMHSA) certified
laboratory. The costs of shipping of the specimen, re -analyzing and MRO processing fee
are the responsibility of the individual, unless the results from the re -analysis are
negative, at which time the employee will be reimbursed the City of Pearland for his/her
costs. The MRO will facilitate this testing and reserves the right to receive payment for
this testmg prior to imtiating this re -analysis process.
If the Split Sample Testmg fails to reconfirm "positive", the MRO will cancel the test and
report the case to the City of Pearland and the employee.
The MRO will not withhold reporting a verified positive test pending an employee
requested Split Sample testing.
F. DISCLOSURE OF INFORMATION
The MRO will not disclose to any third party medical information provided by the individual as
a part of the testing verification process unless:
1. MRO's medical judgment, the information could result in the determination that
the employee is medically unqualified; or
2. The information indicates that contmued performance by the employee of his or
her safety -sensitive function could pose a significant safety risk.
The MRO, before obtaining medical information from the employee, will advise the employee
that the information may be disclosed to third parties as stated above.
DISCIPLINE
The following discipline will be taken in the event of a "Venfied MRO Report" under any of the
following circumstances and/or a positive alcohol test (0.02 grams percent or greater):
A. Post -Offer
Any prospective employee who has a positive or adulterated test as a result of a post -offer
alcohol and/or drug test will be considered disqualified for employment for a penod of twelve
(12) months. After which time the prospective employee may submit documentation of a
Substance Abuse Professional's (SAP) Assessment, Treatment (if prescnbed) on-gomg
treatment and current status to the City of Pearland's designated evaluator (e.g., Medical Review
Officer).
B. Reasonable Cause
Any employee who has a positive or adulterated test as a result of a reasonable cause alcohol
and/or drug test will be terminated.
C. Post -Accident
Any employee who has a positive or adulterated test as a result of an alcohol and/or drug test
taken after an accident will be terminated.
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D. Random
Any employee who has a positive or adulterated test as a result of a random alcohol and/or drug
test will be terminated.
E. Return -to -Work
Any employee who has a positive or adulterated test as a result of a return -to -work alcohol
and/or drug test will be terminated.
F. Follow-up
Any employee who has a positive or adulterated test in a return to work or follow-up drug test
and/or an alcohol test of 0.02 grams percent or greater will be terminated
G. Voluntary
Any employee who has a positive or adulterated test in a voluntary test will be disciplined on a
case -by -case basis.
H. Insubordination
Any employee who refuses to test, refuses to sign a release and consent form, fails to properly
cooperate with collection site personnel and/or BAT, or creates reason to believe a sample has
been altered, substituted or adulterated, will be subject to discipline, up to and including
discharge, depending upon the offense
EMPLOYEE ASSISTANCE, TRAINING AND EDUCATION
A. Education
The City of Pearland will provide an education program for its employees about the dangers of
drug abuse, available community resources, treatment, rehabilitation and assistance providers.
This program will include:
1. Distribution of mformational material;
2. Distribution of the City of Pearland's employee assistance program and telephone
number, and
3. Distribution of the City of Pearland's pohcy regarding the use of prohibited drugs.
B. Training
Any supervisory personnel responsible for determining whether an employee must be drug tested
based on reasonable cause will be required to complete at least two (2) hours of taming on the
specific, contemporaneous physical, behavioral and performance indicators of probable drug use
and alcohol use.
Page 15
All employees participating in education and training programs will be required to sign a
certification of completion of a qualified drug abuse course. Appendix E
C. Employee Assistance Program
In addition to the education and training program described above, the City of Pearland also has
available an employee assistance program to which employees may refer for additional
consultation and referral.
D. Insurance Benefits
Please refer to plan documents for information on eligibility, benefits and coverage.
E Rehabilitation
1. Alcoholism and Chemical Dependency
Consistent with the City of Pearland's philosophy that its employees are its most valuable
resource, the City of Pearland is wilting to recognize and provide assistance to those
employees whose use of alcohol or controlled substances may be the result of problems
such as alcoholism or chemical dependency
Any employee who comes forward and voluntarily requests assistance for alcoholism
and/or chemical dependency pnor to any request for a drug test under this policy will be
provided the opportunity to undergo an approved drug/alcohol assessment by a qualified
health care provider (also called: substance abuse professional "SAP") and to participate
in any treatment recommended by that provider. These services will be at the employee's
expense unless coverage for the same is provided by any otherwise applicable health
msurance plan.
Before any employee will be allowed to participate in any recommended treatment
program and later reinstated to his or her job upon the successful completion of that
program, there must be a clinical diagnosis of a need for such treatment by a SAP
Normal procedures for requesting a medical leave of absence must then be followed. The
employee will also be required to admit him or herself into any prescribed program and
actively participate in the same. Accordingly, proof of admission into the program,
regular attendance and ' drug/alcohol free' participation will be required. The City of
Pearland will also require participation in any recommended or prescnbed after care or
similar follow-up treatment program Failure to participate in any such prescnbed
program or failure to attend any scheduled after -care or follow-up sessions will disqualify
the individual from further employment. In addition, the employee will be required to
notify the City of Pearland of the identity of the rehabilitation program counselor and
authorize the counselor to communicate with the City of Pearland about the employee's
progress and to release to the City of Pearland any and all information relating to the
employee's treatment, participation, etc.
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2. Return to Work and Follow-up Testing
Upon successful completion of a rehabilitation program, the employee will be reinstated
to his/her former position as if returning to work from a medical leave of absence - if
he/she is qualified to return to work under applicable City of Pearland rules and
regulations. Before returning, however, the employee will be required to undergo an
additional alcohol and drug test. If the results are negative the employee will be returned
to work. If the drug test results are verified positive or adulterated or the alcohol test is
0.02 grams percent or greater, then the employee will be disqualified from further
employment.
Any employee who has passed a return to work alcohol and/or drug test after having
successfully completed a treatment program will be required to submit to additional
follow-up tests (at least six (6) within 12 months) and at any time within 60 months from
the date the employee returns to work. If the employee subsequently has a verified
positive or adulterated urine drug test or an alcohol test of 0.02 grams percent or greater
the City of Pearland may conclude that the employee has made himself or herself unfit
for contmued employment, resulting in the termination of the employment relationship.
3. "Second Chance" Program
Any employee who voluntarily came forward and admits to renewed substance abuse
problems, other than as a consequence of a positive or adulterated test result, will be
afforded the opportunity to take an additional medical leave of absence in order to
readmit themselves into an appropnate treatment program without jeopardizing their
continued employment status. (Employee must come forward before management
goes forward with reasonable suspicion or post accident/random request)
CONFIDENTIALITY
Information regarding an mdividual's drug test results or rehabilitation will only be released upon
the written consent of the employee. The MRO will not reveal individual tests results to anyone
other than the City of Pearland representative, unless the MRO has been presented with a written
authonzation from the tested individual. Appendix F
The City of Pearland's contract with its laboratory requires it to maintain all employee test
records m confidence. However, the laboratory will disclose information related to a positive
drug test of an individual to the individual, the City of Pearland, or the decision -maker in a
lawsuit, gnevance or other proceeding imtiated by or on behalf of the individual and arising from
or related to a certified positive or adulterated drug test
RECORD RETENTION
The MRO will retain results for five (5) years. The City of Pearland will maintain records
relating to the results of drug testing for a minimum of five (5) years beyond separation for
employees. All other test results will be maintained for a minimum of two (2) years.
Page 17
ACKNOWLEDGEMENT AND RECEIPT OF SUBSTANCE ABUSE POLICY
This form will be kept in the Employee's File. Appendix G
SPECIAL CONSIDERATIONS
A. State Legalization of Controlled Substances
Recent legislation in various states has legalized certain controlled substances within that
jurisdiction. At the present time the City of Pearland will follow all Federal Guidelines related
to controlled substance testing.
B. Hemp Products
There are various over-the-counter products containing hemp or hemp -derivatives. Use of these
products could possibly yield a positive urine drug test for marijuana Consequently, current
employees are prohibited from using such hemp products (as a condition of employment).
Furthermore, the testing and MRO cannot distinguish between use of marijuana and ingestion of
a hemp -containing product. The MRO will only over -turn a lab positive test for marijuana to a
verified negative with proof of prescription marijuana (called Mannol). This follows the Federal
Guidelines estabhshed by the Department of Health and Human Services.
Page 18
NOTIFICATION OF PRE -EMPLOYMENT ALCOHOL AND DRUG TEST
{Apphcant's Name}
{Address}
Dear {Apphcant} :
We are pleased to advise you that we have made our initial luring decisions and
would like to consider you as a candidate for employment with the City of Pearland.
However, you will first have to undergo a post -offer Human Performance Evaluation and
drug test. This will require you to provide a urme sample to be tested for the use of
controlled substances.
If you are still interested m a position with the City of Pearland, you will be
expected to report to , located at
(collection site) (address)
, on , pnor to 4:00 p.m.
(address) (date)
YOUR FAILURE TO APPEAR FOR THIS TEST ON THE ABOVE DATE WILL DISQUALIFY
YOU FROM FURTHER CONSIDERATION FOR EMPLOYMENT. If you have any questions
regardmg any of the above, please do not hesitate to contact us.
Sincerely,
The City of Pearland
A-1
APPLICANT CONSENT FORM
An offer of employment from the City of Pearland is contingent upon satisfactory
completion of a post -offer employment Human Performance Evaluation, which includes
substance abuse testing for the presence of drugs, adulterants and/or alcohol. All
apphcants are required to complete this test. If an apphcant does not complete this test
they will not be considered for employment. Further, any job apphcant whose test results are
venfied positive or adulterated by the Medical Review Officer will not be eligible for
employment at this time. I agree to take the required test at the collection facility designated by
the City of Pearland WITHIN 24 HOURS OF BEING NOTIFIED BY THE CITY OF
PEARLAND HUMAN RESOURCES DEPARTMENT. In addition, I authonze the
Collection Facility, the Laboratory, the City of Pearland, and the Medical Review Officer to
conduct such testing and share the test results and any other relevant information with each other.
Date: Apphcant:
Date: Witness:
I have read and understand this form and the substance abuse pohcy of the City of
Pearland and hereby refuse to take the required test. I understand that my refusal means
that I will not complete my post -offer employment Human Performance Evaluation
and/or drug screen and therefore I will not be eligible for employment with the City of
Pearland at this time.
Date: Apphcant:
Date: Witness:
REASONABLE CAUSE CHECKLIST
(STRICTLY CONFIDENTIAL)
EMPLOYEE:
DATE TIME EVALUATION BEGUN
SUPERVISOR #1, NAME AND TELEPHONE:
SUPERVISOR #2, NAME AND TELEPHONE' TIME NOTIFIED: TIME PRESENT:
This checklist is intended to assist a supervisor in refemng a person for alcohol and drug testing.
Has the employee manifested any of the following? Indicate with a check where appropnate.
YES NO
NATURE OF INCIDENT / CAUSE FOR SUSPICION
1. Observed/Reported possession or use of a prohibited substance.
2. Apparent drug or alcohol intoxication.
3. Observed abnormal or erratic behavior.
4. Arrest or conviction for drug -related offense.
5. Evidence of tampering on a previous drug test.
6. OTHER (Please explain):
ATTENDANCE
1. Unauthonzed absence of the job.
2. Habitual absences whether disciplinary action results or not.
3. Excessive use of sick leave in last 12 months.
4. Frequent Monday/Fnday absence or other pattern.
5. Frequent unexplamed disappearances
6. Excessive "extension' of breaks or lunch.
7. Frequently leaves work early: Number of days per week or month:
8. OTHER (Please explain):
YES NO
YES NO
BEHAVIOR
1 Serious misconduct.
2. Refusal of supervisor instruction.
3. Verbal abusiveness.
4 Physical abusiveness.
5. Extreme aggressiveness or agitation.
6 Withdrawn, depression, tearfulness, unresponsiveness.
7 Inappropriate verbal response to questions or instructions.
8. Significant CHANGE in relations with co-workers, supervisors, others.
9 Frequent or intense arguments.
10. Less mvolved with people.
11. Intentional avoidance of supervisor.
12. Persistent expressions of frustration or discontent.
13. CHANGE in frequency or nature of complamts.
14. Complamts by co-workers or subordinates.
15. Persistent cynical, negative comments/attitude.
16. Unusual sensitivity to advice or critique of work.
17. Unpredictable response to supervision
18. CHANGES m or unusual level of activity: reduced increased
19. Increasing irritable or tearful.
20. Presents himself/herself as "mvmcible" (grandiose/all-powerful).
21. Mood swings (out -of -context displays of emotion, unpredictable).
22. Makes unfounded accusations toward others.
23. Expressed feelmgs of persecution.
24. Makes unrehable or false statements.
25. Demanding, rigid, mflexible
26. OTHER (Please explain):
PERFORMANCE OF JOB
1 Clear refusal to do assigned tasks.
2 Sigmficant increase m errors.
3. Repeated errors in spite of mcrease guidance.
4 Reduced quality of work.
5. Inconsistent ' up and down" quantity or quality of work.
6 Behavior disrupts workflow
7. Procrastmation on sigmficant decisions or tasks.
8. More than usual supervision necessary.
9 Frequent, unsupported explanations for poor work performance.
10. Does not follow through on job performance recommendation.
11. CHANGE m written or verbal communication.
12. OTHER (Please explain):
B-2
YES NO
3. Appearance:
PHYSICAL SIGNS
1. Odor of Alcohol (circle): BREATH CLOTHING
2. Paraphernalia/"Stuff' Found
O normal
(Describe):
■
disheveled C profuse perspiration ■ flushed/pale
E possible "needle tracks" 0 tremors
4. General Well -Being: ❑ nausea/vonuting 0 fainting
0 breathing irregular and/or labored
no apparent physical distress
5. Eyes:
Pupils:
6. Nose:
Mouth:
Speech:
■
O normal
❑ flushed
❑ "looks ill"
O wearing of sunglasses bloodshot ■ watery/"glassy"
■
❑ large/dilated 0 small/constricted ■ normal
❑ normal
■
■
■
runny nose/smffles
normal ❑ dry mouth, frequent swallowing, lip wetting ❑ other:
normal C slurred 0 incoherent 0 silent E"pressured" 0 slow
9. Awareness/Mental Status:
10. Concentration:
O THREE THINGS TO REMEMBER*
■
■
normal 0 confused 0 euphoric ■ combative
❑ sleepy but arouse -able ■ sleepy and unarouse-able/"out-cold"
❑ cooperative ❑ uncooperative ❑ crying ■ bizarre
Serial7's: 100 93 86 79
or
❑ Serial 6's: 100 94 88 82
11. Motor Skills/Balance:
❑ Fmger to Nose: ■ normal
❑ Heel to Toe Walk* 0 normal
Walk/Gait: ❑ normal ■ swaying ■ stumbhng L falling
■
72 65 58 51 44 37 30 23 16 9 2
76 70 64 58 52 46 40 34 28 22
10. Concentration (continued):
Record "Recall" of the THREE THINGS:
❑ missed
❑ falls to side
❑ arms raised for balance
used L or R instead of instructed• L or R
B-3
YES NO
PHYSICAL SIGNS (continued)
Sub acute Signs
1. CHANGES in or unusual personal appearance (dress, hygiene).
2. CHANGES in or unusual speech: (stuttering, loud, pressured, slurred).
3. CHANGES in or unusual marmensms (gestures, posture).
4. CHANGES m physical health.
5. Frequent colds flu or other illnesses.
6. Noticeable loss of weight.
7. OTHER (Please explain):
*For any "yes" marked in this "sub acute signs" section: Indicate Number and the Date when you first observed this:
YES NO
YES NO
PARAPHERNALIA
1. Possessing, dispensing or usmg prohibited substance.
If "yes", describe:
2. Complamts from co-workers of employee using, possessing or dispensing
prohibited substances during work hours and/or in the workplace.
3. Paraphernalia Found. Descnbe:
4. OTHER (Please explain):
SAFETY ISSUES
1. Flagrant violation of safety.
2. Actual incident (date):
3. Near miss. Descnbe and date:
4. Increased concern about safety offenses involving employee.
5. Interferes with or ignores established procedures.
6. Lacks appropriate caution.
7. OTHER (Please explain):
B-4
(
(
(
WRITTEN SUN MARY
Employee "Refuses to Cooperate" with Evaluation.
❑ ONE*
❑ TWO:
❑ THREE:
Explained this is a ' Refusal to Cooperate" and considered an admission of guilt.
Offered to get Employee a nde home.
If Employee does not take offer for nde home, the police will be notified.
) Employee "Refuses to Sign" Consent Form for testmg (also complete "Refusal to Cooperate" above).
) Other:
"Reasonable Cause" exists to test this Employee. Per procedure the Employee will be tested for both
alcohol and drugs.
) "DRUG TESTING AUTHORIZATION & RECORD RELEASE" form signed.
) Arrangements made to escort Employee to testing facility:
Please descnbe:
( ) Time Evaluation completed:
( ) Arrangements made to get Employee home from collection facility.
SIGNATURE OF SUPERVISOR #1 DATE
SIGNATURE OF SUPERVISOR #2 DATE
DRUG & ALCOHOL TESTING
AUTHORIZATION / RECORD RELEASE
I understand that as required by City policy, certain employees and prospective employees must
undergo a drug and alcohol test to detect the presence of drugs and/or alcohol
All drug tests are subject to testing procedures with mandatory confirmation of any preliminary
positive tests.
I will be given a reasonable opportunity to explain a confirmed positive drug test result to a
tramed physician serving as a Medical Review Officer.
I consent to provide a urine specimen and a breath specimen at a collection facility designated by
, and consent to having the specimen tested at a laboratory
selected by
I further agree that the drug test results will be disclosed only to
and to the Medical Review Officer selected by to conduct
interviews when positive results are reported by the laboratory.
Print Employee/Applicant Name Date
Employee/Applicant Signature
Pnnt Witness Name
Witness Signature
** A copy of this form must accompany Employee to the Collection Facility **
Urine Specimen Collection Procedure
1. To deter the dilution of specimens at the collection site, toilet bluing agents will be
placed in toilet tanks wherever possible, so the reservoir of water m the toilet remains
blue Where practicable, there shall be no other source of water (e.g., no shower or
sink) in the enclosure where urination occurs. If there is another source of water in
the enclosure, it shall be effectively secured or momtored to ensure it is not used
(undetected) as a source for diluting the specimen.
2. Upon arriving at the collection site, the individual to be tested shall present the
collection site person with proper identification to ensure that he/she is positively
identified as the person selected for testing (by presenting a dnver s license or other
photo ID or by identification by the City's representative). If the individual's
identity cannot be established, the collection site person shall not proceed with the
collection and the City shall be notified. If the employee requests, the collection site
person shall show his/her identification to the employee.
3. If the individual to be tested fails to arrive at the collection site at the assigned time,
the collection site person shall contact the City to obtain guidance on the action to be
taken. Failure to report for a urine test at the assigned time may result m discipline or
disqualification from further consideration for employment.
4. The mdividual to be tested will be required to remove any unnecessary outer
garments (coat or jacket) that might conceal items or substances that could be used to
tamper with or adulterate the urine specimen. The collection site person will ensure
that all personal belongings such as purses or bnefcases remam with the outer
garments. The individual may retain his or her wallet. If the employee requests it,
the collection site personnel shall provide the employee with a receipt for any
personal belongings.
5. Before the collection process begins, the mdividual shall provide the collection site
person with a Urine Custody and Control form, if it has not been previously
forwarded to the collection site by the employer.
6. The individual shall be instructed to wash and dry his/her hands prior to urination.
7. After washing his/her hands, the individual shall remain in the presence of the
collection site person and shall not have access to any water fountain, faucet, soap
dispenser, cleaning agent or any other materials which could be used to adulterate the
specimen.
8. The individual may provide his/her specimen in the privacy of a stall or otherwise
partitioned area that allows for mdividual privacy The collection site person shall
provide the individual with a specimen bottle or contamer, if applicable, for this
purpose.
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9. The collection site person shall note any unusual behavior or appearance on the urine
custody and control form.
10. In the exceptional event that a City -designated collection site is not accessible and
there is an immediate requirement for specimen collection (e.g. an accident
investigation), a pubhc rest room may be used accordmg to the following procedures:
A collection site person of the same gender as the mdividual shall accompany the
individual into the public rest room, which shall be made secure during the collection
procedure. If possible, a toilet bluing agent shall be placed in the bowl and any
accessible toilet tank The collection site person shall remain m the rest room, but
outside the stall, until the specimen is collected. If no bluing agent is available to
deter specimen dilution, the collection site person shall mstruct the mdividual not to
flush the toilet until the specimen is delivered to the collection site person After the
collection site person has possession of the specimen, the individual will be instructed
to flush the toilet and to participate with the collection site person in completing the
cham of custody procedure.
11. Upon receiving the specimen from the individual, the collection site person shall
determme if it contains at least 45 milliliters of unne. If the mdividual is unable to
provide 45 millihters of urine, the collection site person shall direct the individual to
drink fluids and, after a reasonable time again attempt to provide a complete
samphng using a fresh specimen bottle (and fresh collection container). The original
specimen shall be discarded. If the individual is still unable to provide a complete
specimen, the following rules apply
a. In the case of a post -accident or reasonable cause test, the mdividual shall remain
at the collection site and continue to consume not more than 40 ounces of fluid
until the specimen has been provided or until the expiration of a penod up to 3
hours from the beginning of the collection procedure
b. In the case of a post -offer, random, periodic test or other test not for cause, the
City may elect to proceed as specified in paragraph (a) or may elect to discontinue
collection and conduct a subsequent collection at a later time.
c. If the individual cannot provide a complete sample within the up to 3 hour period
or at the subsequent collection, as applicable then the MRO shall refer the
individual for a medical evaluation to develop pertment mformation concerning
whether the mdividual's inability to provide a specimen is genuine or constitutes a
refusal to provide a specimen. (In post -offer testing, if the City does not wish to
hire the individual, the MRO is not required to make such a referral). Upon
completion of the examination, the MRO shall report his or her conclusions to the
employer in wasting.
12. The following procedures are to be followed for the mandatory Split Sample:
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a. The individual -donor shall urinate into a collection contamer or a specimen bottle
capable of holding at least 60 ml.
b. If a collection container is used, the collection site person, in the presence of the
donor, pours the urme into two specimen bottles. Thirty (30) ml shall be poured
into one bottle, to be used as the primary specimen. At least 15 ml shall be
poured into the other bottle, to be used as the split specimen.
c. Both bottles shall be shipped in a single shipping container, together with copies
1, 2 and the split specimen copy of the chain of custody form, to the laboratory.
d. If the test result of the primary specimen is positive the individual -donor may
request that the MRO direct that the split specimen be tested in a different DHHS
certified laboratory for presence of the drug(s) for which a positive result was
obtained in the test of the primary specimen. The MRO shall honor such a
request if it is made within 72 hours of the employee having been notified of a
verified positive test result.
e. When the MRO mforms the laboratory in wnting that the donor has requested a
test of the split specimen, the laboratory shall forward, to a different DHHS
approved laboratory, the split specimen bottle with seal in tact, a copy of the
MRO request, and the split specimen copy of the chain of custody form with
appropnate chain of custody entries
f. The result of the split specimen test is transmitted by the second laboratory to the
MRO.
g. Action required by City procedures as the result of a positive drug test (e.g.,
removal from performing a safety sensitive function) is not stayed pending the
result of the spht specimen test.
h. If the result of the split specimen test fails to reconfirm the presence of the drug(s)
or drug metabohte(s) found m the pnmary specimen, the MRO shall cancel the
test, and report the cancellation and the reasons for it to the City, and the
individual donor.
13. No portion of any sample collected under these procedures may be used for any
purpose other than drug testing required under City policy.
14. After the specimen has been provided and submitted to the collection site person, the
individual shall be allowed to wash his/her hands.
15. Immediately after the specimen is collected, the collection site person shall measure
the temperature of the specimen. The temperature measuring devise used must
accurately reflect the temperature of the specimen and not contammate the specimen.
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The time from urination to temperature measure is critical and in no case shall exceed
4 minutes.
16. If the temperature of a specimen is outside the range of 90.0 degrees 100.0 degrees
F, there will be reason to beheve that the individual may have altered or substituted
the specimen, and another specimen shall be collected under direct observation of a
collection site person of the same gender and both specimens shall be forwarded to
the laboratory for testing. An individual may volunteer to have his or her oral
temperature taken to provide evidence to counter the reason to believe the individual
may have altered or substituted the specimen caused by the specimen's temperature
falling outside the prescribed range.
17. Immediately after the specimen is collected, the collection site person shall also
inspect the specimen to determme its color and look for any signs of contaminants.
Any unusual findings shall be noted on the urine custody and control form
18. All specimens suspect of being adulterated shall be forwarded to the laboratory for
testing.
19. Whenever there is reason to believe that a particular individual has altered or
substituted the specimen, a second specimen shall be obtained as soon as possible
under the direct observation of a same gender collection site person.
20. Prior to requiring any individual to provide another urine specimen under direct
observation because of circumstances constituting reason to believe the specimen
may have been altered or substituted, the collection site person shall first contact a
higher level supervisor or a designated employer representative to review and concur
m advance with the decision to require observation
21. After the urine specimen is provided, both the individual being tested and the
collection site person shall keep the specimen in view at all times prior to its being
sealed and labeled. The specimen shall be sealed and labeled in the presence of the
employee.
22. The collection site person, in the presence of the individual, shall place securely on
the bottle(s) an identification label which contains the date specimen number, and
any other identifying information provided or required by the employer If separate
from the label the tamper -proof seal shall also be apphed.
23. The individual shall, in the presence of the collection site person, initial the
identification label on the specimen bottle for the purpose of certifying that it is the
specimen collected from him or her.
24. The collection site person shall, in the presence of the individual, enter on the urine
custody and control form all mformation identifying the specimen. The collection
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site person shall sign the urine custody and control form certifying that the collection
was accomplished according to the instructions provided.
25. The individual shall be asked to read and sign a statement on the urine custody and
control form certifying that the specimen identified as having been collected from he
or she is m fact that specimen he or she provided.
26. After signing the urine custody and control form, the individual will also be required
to sign a consent and release form authonzing the collection of the specimen, analysis
of the specimen for designated controlled substances and release of the test result to
the employer and its medical review officer The individual will not be required to
waive liability with respect to negligence on the part of any person participating in the
collection, handhng or analysis of the specimen or to indemmfy any person for the
negligence of others.
27. After a proper sample has been provided, labeled and sealed, the collection site
person shall complete the chain of custody portion of the urine custody and control
form to indicate receipt from the mdividual donor and shall certify proper completion
of the collection process.
28. The urine specimen and chain of custody form will then be shipped to an appropriate
laboratory for analysis. If the specimen is not immediately prepared for shipment, it
shall be appropriately safeguarded during temporary storage.
29. While any part of the above chain of custody procedures is being performed the urine
specimen and custody documents must remain under the control of the mvolved
collection site person. If the mvolved collection site person leaves his or her work
station momentarily, the specimen and urme custody and control form shall be taken
with him or her or shall be secured. After the collection site person returns to the
work station, the custody process will continue. If the collection site person is
leaving for an extended period of time, the specimen shall be packaged for mailmg
before he or she leaves the site.
30. The collection site person shall not leave the collection site m the interval between
presentation of the specimen by the employee and securement of the sample with an
identifying label bearing the employee's specimen identification number and seal
uutialed by the employee. If it becomes necessary for the collection site person to
leave the site durmg this interval, the collection shall be modified and (at the election
of the City) a new collection begun.
Note: This collection procedure follows the Federal Guidelines as outlined in
CFR, Part 40. There may be specific company/agency procedural modifications.
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DRUG TESTING AUTHORIZATION
RECORD RELEASE
SPLIT SPECIMEN REQUEST FORM
I, (donor name), give my permission to Concentra Medical
Centers and their affihated drug testmg laboratory, to release a copy of my Drug Test Result with
Specimen # of , and tested at (name of laboratory)
with collection date of to the address noted below.
I've enclosed a money order or cashier check in the amount of $100.00 to cover the cost of
duplication. This authonzation/record release will remam in effect for 30 days from the date of
the signature below.
Signature Date
Prmt Name Social Security Number
Address Phone Number w/ Area Code
City / State / Zip
D
CERTIFICATION OF COMPLETION OF
DRUG & ALCOHOL ABUSE AWARENESS PROGRAM
I, , hereby certify that I have completed the City of
(print employee or supervisor's name)
Pearland's and that I am familiar with all of the
(identify drug & alcohol awareness course)
mformation discussed during the program, as well as the additional mformation and resources
available from the City of Pearland on drug/alcohol abuse.
Date: Employee:
Supervisor:
E
DRUG & ALCOHOL TESTING
AUTHORIZATION / RECORD RELEASE
I understand that as required by City policy, certain employees and prospective employees must
undergo a drug and alcohol test to detect the presence of drugs and/or alcohol.
All drug tests are subject to testing procedures with mandatory confirmation of any preliminary
positive tests.
I will be given a reasonable opportunity to explain a confirmed positive drug test result to a
trained physician serving as a Medical Review Officer.
I consent to provide a urine specimen and a breath specimen at a collection facility designated by
, and consent to having the specimen tested at a laboratory
selected by
I further agree that the drug test results will be disclosed only to
and to the Medical Review Officer selected by to conduct
interviews when positive results are reported by the laboratory.
Print Employee/Applicant Name Date
Employee/Applicant Signature
Print Witness Name
Witness Signature
** A copy of this form must accompany Employee to the Collection Facility **
F
ACKNOWLEDGEMENT AND RECEIPT OF
SUBSTANCE ABUSE POLICY
I, , hereby certify that I have received a copy of the
(employee)
City of Pearland's Substance Abuse Policy, and that I have read it and understand its contents.
Date: Employee:
Witness:
G
TEXAS WORKERS' COMPENSATION PROCEDURE
To provide for payment of medical expenses and for loss -time wage replacements in the
event of a work -related accident or illness, employees are covered by Workers'
Compensation Insurance. The amount and duration of benefits payable is dependent
upon the employee's wages and the nature of the injury/illness, including the ability to
return the employee to work. All medical expenses incurred in connection with a work -
related injury/illness are paid in accordance with Texas Workers' Compensation
Commission (TWCC) guidelines. Loss -time wage replacements are provided beginning on
the eighth (8th) day of absence from work
All on-the-job injuries must be reported immediately to the supervisor, and to the Human
Resource Department, in order that appropriate medical treatment may be received
Failure to follow this procedure may result in a claim not being filed in accordance with the
TWCC rules and regulations, and may jeopardize an employee's right to benefits.
During the first seven (7) days of lost time, provisionary/probationary employees injured in
the course and scope of employment may request to use their time -off as sick leave. After
the first seven (7) days of lost time due to a work -related injury, employees will not be
allowed to use sick leave, designated holidays or compensatory time, until the expiration of
the City's salary continuation benefit has run its course, and the employee is on injury
leave without pay from the City. In the event that the health care provider does not
anticipate the employee being able to return to work within an additional two (2) weeks, an
employee may use accrued leave or compensatory time by submitting a written request to
the Human Resource Department to sell accruals. Decisions shall be determined on a
case by case basis, with final approval by the City Manager.
FMLA AND WORKERS' COMPENSATION
Many workers compensation injuries will meet the "serious health condition" requirement
of the FMLA, therefore a potential overlap between the act and workers' compensation
laws may exist, and FMLA leave may run concurrently with a workers' compensation
absence.
When an on-the-job injury meets the definition of a serious health condition, and the
injured employee is receiving workers' compensation benefits, the absence will count
against that employee's twelve (12) week FMLA entitlement beginning with the first day of
absence from the job.
A non -classified employee with an on-the-job injury who refuses the "temporary modified
duty" assignment may lose workers' compensation benefits. An employee who meets the
FMLA definition of a serious health condition has the right to take FMLA leave rather than
the "temporary modified duty" assignment.
Revised August 12, 2002 1
MEDICAL TREATMENT FOR WORKPLACE INJURIES:
All employees who require medical treatment as a result of the injuries sustained in the
course of employment shall notify his/her immediate supervisor at the time of the incident.
Employees are free to exercise a personal preference when seeking medical treatment for
an on-the-job injury as stated in the Act Out of concern for employees the City of
Pearland recommends two facilities that are experienced with on-the-job injuries, willing to
file workers' compensation claims, and focus on getting employees healthy so they are
able to return to work.
The emergency room at Southeast Memorial Hermann is open during normal working
hours and on weekends and holidays, and Concentra is available during normal working
hours.
Concentra
8505 Gulf Freeway, Suite F
Houston, Texas 77017
713-944-4442
Southeast Memorial Hermann
11800 Astoria
Houston, Texas 77089
(ER) 281-929-6100
When an employee suffers a major injury and obviously requires treatment beyond the
capabilities of a local practitioner, he/she shall be taken by ambulance to the hospital of the
employee's choice, or, when the employee is rendered unable to communicate, he/she
shall be transported to an emergency room. The injured employee may designate his/her
own preference for follow-up after the initial treatment.
INDIVIDUAL EMPLOYEE RESPONSIBILITIES -
It shall be the employee's responsibility to comply with the procedures outlined in this
directive and all other rules and regulations of the City of Pearland.
All employees shall report immediately, to his/her supervisor, regardless of how minor, any
injury incurred in the line of duty regardless of whether it happened to themselves or to
another employee. In the event the injury involves lost time from work, the Texas
Workers' Compensation Commission (TWCC) will send forms to the employee to be
completed. The City of Pearland shall also require certification for FMLA to determine the
need to run Medical Leave concurrently with any workers' comp claim that results in more
than three (3) days of lost time.
Employees, who receive medical treatment as a result of an on-the-job injury, must submit
information in its original form, to the Human Resource Office as soon as possible after the
treatment/examination has occurred. This may be in the form of a physician's note the
City's "Return To Work/Fitness For Duty Status Report", or the TWCC-73 form. Upon
return to work, any follow-up visits to a medical provider shall be reported similarly (this
shall include reports from therapy).
Revised August 12, 2002 2
An employee on Workers' Comp leave with the City of Pearland shall comply with
instructions or advice of the attending physician in order to improve the injured condition
and be able to return to full -duty
An employee on Workers' Comp leave with the City of Pearland, shall not engage in work,
whether part-time for pay, or as a volunteer, while off work receiving or requesting workers'
compensation benefits and/or salary continuation and will be subject to periodic home visits
by the supervisor and insurance provider.
In order to participate in the "temporary modified duty" program, as provided by the City of
Pearland, an employee must provide documented restnctions as supplied by the attending
physician prior to participation. The issuance of restrictions does not guarantee the
availability of a position in the "temporary modified duty' program.
An employee with an on -the- job injury shall keep the Benefit Specialist informed regarding
medical condition, changes to health, changes to restrictions, recuperation, etc., by making
contact either by telephone or in person a minimum of one (1) time per week. If the
employee is unable to make contact personally due to the extent of the injury, a family
member shall make contact with Human Resources until the employee is able to do so
him/her self.
The City of Pearland must be aware of the employee's work status in order to plan and
assign work duties and responsibilities in an efficient manner. Employees who do not
adhere to keeping their supervisors fully apprized of their work status in accordance with
this policy shall be disciplined, up to and including termination.
DRUG AND ALCOHOL TESTING:
Following any incident resulting in an injury or accident, the Human Resource Office shall
be notified at the first available opportunity. In addition, any employee involved in an
incident, as described below shall be required to provide a blood and/or and urine sample
as soon as possible and no later than the end of the current work shift:
• A fatality,
• Bodily injury to any person (employee, co-worker, and/or non -employee)
who, as a result of the accident is injured and receives medical treatment
away from the scene of the accident
• An incident causing any and all damage to one or more motor vehicles,
regardless of how minor.
• An incident involving moving violations that results in a citation being given
by a law enforcement officer.
Revised August 12, 2002 3
In the event an employee is seriously injured and unable to provide a urine sample, breath,
and/or blood alcohol sample, he/she shall authorize the health care provider to release to
the City of Pearland, any information necessary to indicate the presence of alcohol and/or
any controlled substance in his/her system.
During normal business hours, an employee shall go to the Collection Facility designated
by the City of Pearland for their post accident drug/alcohol screening. Employees involved
in an incident occurring after normal business hours and on weekends shall go to Memorial
Hermann Southeast for their post accident drug/alcohol screening unless emergency
personnel transport them to another facility
Any employee failing or refusing to provide a drug/alcohol sample or who has a verified
positive or adulterated test result after being involved in an accident will be subject to
appropriate disciplinary measures, up to and including termination.
S UPERVISOR'S RESPONSIBILITY:
The supervisor shall physically take the injured employee for medical care as soon as
possible, and inform the physician that it is a work -related injury When appropriate, the
employee may be treated by the City of Pearland's Emergency Medical Services.
The supervisor shall ensure that a First Report of Injury is completed by the employee and
submitted to the Human Resource Office within twenty-four (24) hours from time of
incident. Supervisors shall make certain that the employee completes basic injury
documentation, describing the incident in detail and signing the basic injury documentation
form.
S upervisors shall interview anyone who witnessed the incident, asking for written, signed
statements regarding their knowledge or lack of knowledge of the alleged incident.
S upervisors shall provide the City's Benefit Specialist and/or the insurance carrier with as
many details as possible.
S upervisors shall document in writing, any and all reasons why drug and/or alcohol testing
is not performed within the time requirements of this policy.
S upervisors shall maintain frequent contact with the injured employee to remain
knowledgeable about his/her welfare and duty status, and keep the door open for him/her
to return to work. Supervisors shall provide additional information to the employee as
appropriate.
The supervisor shall designate temporary modified duty assignments that are beneficial to
the City, and shall notify the Benefit Specialist of their availability.
Revised August 12, 2002 4
The department head shall accept temporary modified duty assignments made by Human
Resource. It shall be the department's responsibility to provide task statements and
standards, along with other pertinent history/information concerning the employee's
illness/injury as requested by Human Resource.
COMPENSATION TO EMPLOYEES NOT SUBJECT TO MUNICIPAL CODE, LOCAL
CHAPTER 143, REVISED CIVIL STATUTES OF TEXAS:
The maximum compensation benefits that will be paid injured employees will be
determined under provisions of the Texas Workers' Compensation Act beginning the 8th
day off work. If the disability continues for twenty-eight (28) days or more the initial week
of compensation will be paid retroactively by the insurance carrier. In order to have "sick
leave" restored to a provisionary/probationary employee's balance for the initial seven (7)
days of injury leave, the employee must return the entire amount of the check which
denotes payment for the first seven days of injury leave to the Finance Department.
Benefits will be paid as prescribed by the Texas Workers' Compensation Act. An injured
employee is entitled to medical aid and/or hospital services which are reasonably required
at the time of injury and thereafter as may be necessary to recover.
SALARY CONTINUATION BENEFIT:
In addition to the benefits prescribed under the statute, injured employees may receive
salary continuation from the City of Pearland, in accordance with the following:
Length of Service to Date of Injury Amount of Supplement
12 months or less -0-
After 12 months of continuous service. 25 to 30% of regular salary
(Insurance pays 70 to 75%)
After an employee has twelve months of continuous service with the City of Pearland, a
salary continuation benefit in the amount of 25% to 30% may be rendered from the City for
a period of no more than thirty (30) calendar days, cumulative period, if the employee is
declared to remain "off -duty" by the attending physician.
Length of service is calculated from the date of employment to the date of injury. The
benefits an individual receives are those he/she would have received on the date of injury
For example an employee injured in the eleventh (1191) month of service, who loses time in
the thirteenth (13th) month of service because of the same injury, would not be eligible for
salary continuation. Total compensation shall not exceed an amount equal to 100% of
regular salary.
Revised August 12, 2002 5
In order to receive Salary Continuation, an Injured employee shall be subject to the
following provisions:
• The employee has reported the job -related injury/illness in accordance with
the City s reporting procedures.
• The employee complies with the examining physician's request to report for
examination or treatment, restrictions and/or instructions, in connection with
the job -related injury/illness. Failure to comply will result in loss of salary
continuation.
• Salary continuation payments will cease upon the employees release to
return to work (either modified or full duty), or at the end of thirty (30) days,
whichever comes sooner.
Salary continuation shall be paid up to and not to exceed thirty (30) days cumulative for
any job -related injury or illness. When salary continuation has expired, and the employee
remains off work as instructed by the attending physician, the employee may elect to use
accrued benefits (sick leave, vacation leave designated holidays and compensatory time
in that order). In this instance, the employee shall submit a written request to the Human
Resource Office listing which accruals they wish to be sold back to the City The final
decision for granting this request will be made in coordination with the City Manager's
Office.
An injured employee may not use the grievance process to restore past, present, and/or
future denied salary continuation payments.
Employees who are not eligible for salary continuation, or whose payroll deductions exceed
the calculated salary continuation payment, shall take appropriate measures to insure
payout of items such as dependent health insurance and other payroll deductions with the
Finance Department.
SALARY CONTINUATION BENEFITS SHALL NOT BE PAID UNDER THE FOLLOWING
CONDITIONS:
• Salary continuation benefits, as provided by the City of Pearland, shall not be
available to employees who have not been in continuous service with the
City of Pearland for a minimum of twelve (12) months.
• Salary continuation benefits, as provided by the City of Pearland, shall not be
available to employees who are injured as a result of being negligent and/or
breaking safety rules, regulations, or laws.
Revised August 12, 2002 6
• Salary continuation benefits, as provided by the City of Pearland, shall not be
available to employees who become unable to perform their work as a result
of any injury sustained prior to the date of employment with the City of
Pearland.
• Salary continuation benefits, as provided by the City of Pearland, shall not be
available to employees who become unable to perform their work as a result
of an injury sustained while off -duty. The City will not pay salary continuation
benefits for any later aggravation or re -injury of an injury that was originally
sustained off -duty.
• Salary continuation payments, as provided by the City of Pearland shall not
be available to employees injured while traveling to or from work, engaging in
"horseplay", or while they are "intoxicated".
• Salary continuation benefits, as provided by the City shall not be available to
an employee who shows willful intent to injure themselves or others
• Salary continuation benefits, as provided by the City of Pearland, shall not be
available to employees injured while failing to follow established City,
departmental, or division safety rules or procedures.
• Salary continuation benefits, as provided by the City of Pearland, shall not be
available to employees who willfully refuse to cooperate with City
administration in ascertaining facts, information, and requests concerning the
status of the injured employee
• Salary continuation benefits, as provided by the City of Pearland, shall not be
available to employees who are injured while voluntarily participating in off -
duty recreational activities.
In the event that a question arises as to the availability of the salary continuation benefit to
an employee, a committee of the City Manager, the City Attorney, and the Human
Resource Director or his/her designee shall make the decision to approve or disapprove
AN EMPLOYEE SHALL FORFEIT ALL RIGHTS TO SALARY CONTINUATION
BENEFITS IF HE/SHE:
• Fails to give written consent for the release of all pertinent medical
information to the City of Pearland prior to receiving salary continuation
benefits, or later withdraws consent while receiving salary continuation
benefits.
Revised August 12, 2002 7
• Fails to comply with reporting procedures including first report of injury,
medical status, Family Medical Leave forms, call -ins, and other required
communication.
• Is found to be working for pay at any job outside the City of Pearland
organization and has not completed an authorization to engage in outside
employment.
• Resigns for any reason while receiving wage supplement benefits.
• Consistently fails or refuses to comply with or follow a treating physician's
orders, or consistently disregards or violates the treating physician's
instructions regarding treatment of his/her injury.
• Retires or dies while receiving salary continuation benefits.
• Refuses to accept or perform a different job with the City offered by the
Human Resource Department when it is within the employee's physical
capacity and if he/she is qualified or can be trained
• Is discharged for any reason while receiving salary continuation benefits.
• Refuses to perform a temporary modified duty assignment when authorized
by the treating physician and offered through the City
• Falsifies or misrepresents his/her physical condition or capacity while
receiving salary continuation benefits.
• Refuses to return to regular duty on the next working day following a release
by the treating physician
• Fails to contact and notify his/her immediate supervisor at a minimum of
twice a week regarding his/her condition and expected date of return.
EMPLOYMENT STATUS OF EMPLOYEES NOT SUBJECT TO MUNICIPAL CODE,
LOCAL GOVERNMENT CODE, REVISED CIVIL STATUTES OF TEXAS, WHO SUSTAIN
JOB -RELATED INJURIES
The employment status of an employee who sustains a job -related injury or illness shall
be governed in accordance with the following provisions:
Revised August 12, 2002 8
• An employee shall be required to return to work immediately when released
to do so by the attending physician. Failure to return to work when released
o r failure to follow the restrictions and/or instructions of the attending
physician shall result in appropriate action, up to and including termination.
• An employee released to return to work in Tess than a "full -duty status" by an
attending physician may be required to work in a position and/or department
other than his/her original position and/or department. Work duties shall be
assigned by Human Resources in accordance with the employee's limitations
and in the best interest of the City.
• When an employee has not returned to work after a period of 260 workdays
o r one calendar year, he/she will be evaluated to determine if
accommodations can be made to assist them in returning to work. Using
information supplied by the attending physician the employee, and the
insurance provider, a decision will be made regarding whether or not the
e mployee is able to perform the essential functions of the job, with or without
accommodations Any determination established, will be the result of
interviews between the Director of Administrative Services, the employee,
and the supervisor. Careful consideration and consultation with the City
Attorney and the City Manager will be the final determining factors. In the
event the employee can not return to the job and there are no available
alternatives, the employee will be terminated Employees shall be
e ncouraged to re -apply with the City for other position(s) they may be
qualified to perform.
TO CLASSIFIED EMPLOYEES SUBJECT TO MUNICIPAL CODE, LOCAL CHAPTER
143, REVISED CIVIL STATUTES OF TEXAS:
The City shall provide to police officers, a leave of absence for an illness or injury related to
the person s line of duty (See Local Government Code, Chapter 143.073)
GLOSSARY OF TERMS
The words and terms described in this glossary shall have, unless otherwise noted, the
following meaning, purposes and functions:
Work Related Accident or Illness - Refers to any accident or illness that occurs as a
direct result, or during the course and scope of business for the City of Pearland.
TWCC — Texas Workers' Compensation Commission
Revised August 12, 2002 9
Salary Continuation — A benefit paid by the City of Pearland to ensure that an employee
who is unable to report to work as a result of a work related injury, may continue to receive
100% of their salary for a maximum of one month (thirty days).
Serious Health Condition - As defined by the Family Medical Leave Act.
Temporary Modified Duty — This is the term used by the TWCC to describe what the City
of Pearland refers to as "Light Duty" or "Limited Duty" (See Procedure Manual).
Disability — Means the inability, because of a compensable injury, to obtain and retain
employment at wages equivalent to the pre -injury wage.
Impairment - Means any anatomic or functional abnormality or loss existing after
maximum medical improvement that results from a compensable injury and is reasonably
presumed to be permanent
Off -Duty — Refers to time that is not applicable to working for the City of Pearland.
Wage Supplement Benefits — Means an income benefit based on a compensable injury
that is paid by the City of Pearland's insurance carrier.
Regular Duty — When an employee is given a "clean bill of health" by their treating doctor
to return to the job at full capacity and with no restrictions.
First Report of Injury — The initial paperwork that is turned in to the Human Resource
Office in order that your claim may be filed with the insurance company
Full Duty Status — A synonymous term with "Regular Duty", meaning when an employee is
given permission by their treating doctor to return to the job at full capacity and with no
restrictions.
Compensable Injury — An injury that arises out of and in the course and scope of
employment for which compensation is payable under the Texas Workers' Compensation
Act.
Revised August 12, 2002 10
WORKERS' COMPENSATION PROCEDURE
Acceptance Form
, have received a copy of the City of
(print name)
Pearland's Workers' Compensation Procedure and glossary, and have attended training
regarding same. I understand that this procedure becomes effective on January 15, 2001.
(signature)
(date)
Revised August 12, 2002 11
Department #:
Employee Name
6
To
0
Social Security #:
Employee Evaluation of Seminar
What are the three (3) most important things you Teamed from this training?
How will this benefit you in your job?
Would you recommend this training to others? Please explain.
hi
(0
0
Supervisor's Signature:
REQUEST TO ENGAGE IN OFF -DUTY EMPLOYMENT
Date:
Name of Employee:
Job Title: Dept:
Name of Outside Employer or Enterprise:
Address of Outside Employer/Enterprise:
Phone: Duration of Employment:
Days and Hours Per Week:
Type of Employment and Duties to be Performed :
Your Department Head has the authority to prohibit any outside employment
which:
1) Involves the use of City time, facilities, equipment, or supplies for
your private gain;
2) Involves the acceptance of money from any person for any work you
are expected to do as part of your employment with the City; or
3) Involves such time demands that you would be less efficient in
performing your duties for the City.
You should also know that you are not eligible for Workers' Compensation benefits
for injuries incurred in your outside employment. Failure to complete this form or
failure to provide complete and accurate information may subject you to
disciplinary action up to and including termination.
I have read the above statement. The information I have provided is accurate and
complete.
Employee's Signature: Date:
Supervisor: Date:
APPROVED
DISAPPROVED
COMPENSATORY TIME OFF AGREEMENT
In accordance with the Fair Labor Standards Act, the City of Pearland has a
policy of granting employees compensatory time off in lieu of compensation for hours
worked m excess of 40 hours a week, or other permissible work schedules for law
enforcement, firefighting, emergency management, seasonal and other employees. A
copy of this policy has been provided to me. I understand that the compensatory time
will be granted at time and one-half for all hours worked m excess of 40 hours per week
or other permissible work schedules. I further understand that the compensatory time
may be limited, preserved, used or cashed out consistent with the provisions of that
policy and applicable law and regulations of the U. S. Department of Labor.
I knowingly agree to the provision of time off as compensation for overtime work
as a condition of my employment and consent to the use of compensatory time in
accordance with the policy. In further understand that in the event any portion of the
policy is interpreted to conflict with the FLSA or its regulations, that the conflicting
portion shall be struck and the remainder of the policy shall continue in full force and
effect.
Employee Signature City Manager
Date
REQUEST FOR VACATION CARRYOVER or PAYMENT
Request may be made up to six (6) weeks prior to anniversary date and no later than 10
working days prior to anniversary date.
Employee Name. Title:
Department: Date of Hire:
Vacation balance as of is hours.
Date
When requesting to carry over vacation hours, only half of your total remaining
balance shall be considered as eligible for carry-over.
Request to carryover vacation hours.
Request to sell vacation hours.
A maximum of forty (40) hours may be sold. Employees may only sell vacation
hours within six (6) weeks of when new vacation hours are about to accrue and
there hasn't been sufficient time for the employee to be away from the job.
Employee Date
* As Supervisor of this employee, I hereby certify that the employee has
requested time off and the request was denied due to department workload.
*Department Head Date
** The vacation balance listed above is true and accurate:
Director of Human Resources Date
APPROVED
DISAPPROVED REASON FOR DISAPPROVAL:
City Manager Date
FAMILY AND MEDICAL LEAVE (FMLA)
PROCEDURE
As provided by the Family and Medical Leave Act, the City of Pearland will provide up to 12
weeks of family and medical leave per year to eligible employees for certain family and medical
reasons.
DEFINITIONS
1. Eligible Employees: An employee who has been employed for a total of at least 12
months by the City of Pearland on the date m which any FMLA leave is to start; and, on
the date any FMLA leave is to start, has been employed for at least 1,250 hours of service
with the City of Pearland during the previous 12-month period. (If the employee was on
the payroll for part of a week, the City will count the entire week. The City considers 52
weeks to be equal to twelve months.)
2. Family Medical and Leave Act of 1993 (FMLA): Gives "eligible" employees the right to
take unpaid leave, (or paid leave if it has been earned), for a period of up to 12
workweeks in a 12 month period, as defined m this policy for the birth of a child or the
placement of a child for adoption or foster care, if the employee is needed to care for a
family member (child, spouse or parent) with a serious health condition; or because the
employee's own senous health condition makes the employee unable to do the
employee's job.
3. Parent: A biological parent or individual who stands or stood as legal guardian to an
employee when the employee was a child. This term does not mclude parent "m law".
4. Serious Health Condition: An illness, mjury, impairment, or physical or mental condition
that involves. (a) Inpatient care m a hospital, hospice, or residential medical care facility,
(b) any penod of incapacity of more than three consecutive calendar days (including any
subsequent treatment or period of mcapacity relating to the same condition); (c)
contmumg treatment for a chronic or long-term health condition that is incurable or is so
senous, that, if not treated, would result m a period of' incapacity of more than three
calendar days; (4) any period of incapacity due to pregnancy, or for prenatal care.
5. Child A biological, adopted, or foster child, a stepchild, a legal ward, or a child or a
person standing as legal guardian, who is under the age of 18, or age 18 or older and
unable to care for themselves due to a mental or physical disability.
6. Spouse: A husband or wife as defined or recogmzed under state law for purposes of
marnage, including a common law marriage. When the City employs both spouses, they
are jointly entitled to a combined total of 12 workweeks of family leave for the birth or
placement of a child for adoption or foster care, and to care for a parent who has a serious
health condition.
7. Twelve (12)-month Eligibility Period: An eligible employee is entitled to a total of 12
workweeks of leave during a 12-month period under this policy The 12-month period
used under this policy. The 12-month period used under this policy for all eligible City
employees is the 12-month period measured forward from the date an employee s first
FMLA leave begins.
8. Intermittent or Reduced Leave: FMLA leave may be taken on an mtermittent or reduced
leave schedule due to a medical need which can best be accommodated by being on leave
for only part of a workday or workweek. For example, an employee may need to
undergo treatment or therapy twice a week for three hours a day (intermittent leave) or
may need to be off work for half days for a period of time m order to undergo treatment
(reduced leave).
9. As soon as practicable: As soon as both possible and practical, takmg mto account all of
the facts and circumstances in each individual case. When it is not possible to give as
much as 30 days notice, "as soon as practicable" would mean at least verbal notification
to the employer within one or two business days of when the need for leave becomes
know to the employee.
10. Health care provider: This mcludes:
A doctor of medicine or osteopathy who is state-authonzed to practice medicine
or surgery,
Any other person determined by the Department of Labor to be capable of
providing "health care service' ,
Chnstian Science practitioners listed with the First Church of Chnst, Scientist m
Boston Massachusetts.
11. Eligible position. An equivalent position has the same pay, benefits and working
conditions mcluding privileges, perquisites and status It must involve the same or
substantially similar duties and responsibilities, which must entail substantially
equivalent skill effort, responsibility, and authority.
12. Immediate family member: An employee's spouse, child, or parent. The term "parent"
does not mclude a parent "in-law".
13. Unable to perform the functions of his/her job: An employee is unable to work at all; or
unable to perform any of the essential functions of his/her position. The term "essential
functions" is borrowed from the Amencans with Disabihties Act (ADA) to mean the
"fundamental job duties of the employment position," and does not mclude the margmal
functions of the position.
14. Job restoration: An eligible employee who takes FMLA leave is entitled to be restored to
the same position that the employee held when the leave started, or to an equivalent job
with equivalent pay, benefits, employment terms and conditions.
CALCULATION OF LEAVE
An employee is entitled to twelve (12) weeks of leave during the year; beginning on the first date
FMLA leave is taken. The next twelve (12) month period would begin the first time FMLA
leave is taken after completion of' any previous 12-month period.
MAINTENANCE OF BENEFITS
An employee shall be entitled to maintain group health insurance coverage on the same basis as
if he/she had continued to work at the City. To mamtam uninterrupted coverage for dependents,
or any additional coverage, the employee will have to continue to pay their share of msurance
premium payments. This payment shall be made either m person or by mail, by check or cash, to
the Finance Department by the 5th day of each month If the employee's payment is more than
30 days overdue, the City will drop the coverage.
Employees will continue to accrue leave benefits such as sick, vacation, and holidays while on
paid leave status. However, once an employee is on an unpaid leave status the employee will
not accrue additional vacation, sick leave, or paid City holidays until the employee returns to
work.
If an employee elects not to return to work upon completion of an approved unpaid leave of
absence, longevity entitlements based upon length of service will be calculated as of the last paid
work day prior to the start of the unpaid leave of absence.
REINSTATEMENT
If the employee takes leave based on his/her serious medical condition, the employee will be
required to present a medical certification of his or her fitness for duty before being permitted to
return. If an employee fails to provide that certification within fifteen days after the conclusion
of the leave, the employee will be termmated.
PROCEDURES
1. When an employee requests FMLA leave to care for an immediate family member
(spouse, child, or parent), for a senotis health condition which will last for more than
three days, *the employee shall inform the City of his/her expected return date.
2. After the employee has made a wntten request, he/she shall submit it to Human
Resources along with a completed Certification of Healthcare Provider Form, which
provides the required information. (Employees may also obtain the Certification of
Healthcare Provider Form from Human Resources.)
3. The Director of Human Resources will determine eligibility for family/medical leave.
Original written requests shall be kept for retention in the confidential medical records
files in the Human Resources office. When a request is denied, the Director of Human
Resources shall explain the reasons for denial to the employee
4. When an employee is unable to work due to a senous health condition, or m the case of a
pregnancy or prenatal care, which will last more than three (3) days, the employee shall
complete an FMLA Request form. If the employee has not requested FMLA leave, and
the employee is absent due to a serious health condition or pregnancy/prenatal care, the
Department Head shall notify the Director of' Human Resources who shall complete the
FMLA Notification form and give the employee a copy notifying the employee that the
absence will count against the employees' twelve (12) weeks of FMLA. An employee is
required to furnish certification statmg that he/she is unable to perform the functions of
his/her position because of a serious health condition. Department Heads or their
designee have a duty to properly code leave in the time reporting system as paid or
unpaid family/medical leave and may request assistance by calling the Director of
Human Resources or his/her designee.
5. The employee shall provide the supervisor with at least ten days advance notice in the
event of a foreseeable leave for planned treatment, birth or adoption of a child, or when
requesting intermittent or a reduced leave schedule. In unexpected or unforeseen
situations, an employee shall provide as much notice as practicable usually verbal notice
within one (1) or two (2) working days of when the need for leave becomes known,
followed by a completed Request form and the Certification of Healthcare Provider form.
Failure to provide requested proper medical certification in a timely manner might result
m denial of leave.
6. In requesting intermittent leave which is needed for care of an immediate family member
or the employee's own illness and is planned medical treatment, an employee should
attempt to schedule treatment so that it will not unduly disrupt the employer's operation.
7. Employees on leave must report their current status (via telephone) to their Department
Head/Supervisor every week
8. If the Department Head questions the adequacy of the employee's medical certification,
the Department Head may request that the Director of Human Resources or designee
require that the employee obtam a second medical opinion. The second opinion shall be
at the department's expense, and conducted by a physician selected by the City. If the
opimons of the first and second health care provider differ, the department may request
that the Director of Human Resources or designee seek a third opinion, agam at the
department's expense from a health care provider mutually agreed upon by the
department and the employee. The third opinion shall be final and binding.
9. When requesting FMLA leave, the employee must request when the leave is to begm and
end, or any intermittent or reduced leave schedule requested. An eligible employee may
use any accrued sick leave and/or vacation for part or all of the FMLA leave requested.
For example, if an employee requests the twelve (12) weeks of FMLA and the employee
has four (4) weeks of accrued sick leave, and one week of vacation, the five (5) weeks of
FMLA leave will be paid sick leave and vacation; the last seven (7) weeks will be unpaid.
10. If an employee is on Workers' Comp/Injury leave lasting more than three (3) days, they
will be notified by Human Resources that all time on mjury leave will count against the
employee's twelve (12) weeks of FMLA eligibility for the year.
11. If an employee is absent more than (3) workdays due to a senous health condition for
either the employee or to care for an immediate family member, all time off, including
the first three (3) days, counts against the employee's twelve (12) weeks of FMLA
eligibility for the year. When leave is requested to care for a senously ill child, spouse,
or parent certification must be provided stating that the employee is needed to provide
care for the person named.
12. The City of Pearland may assign an employee to a different, temporary position while on
FMLA leave in order to accommodate an intermittent or reduced leave schedule.
13. If, due to a serious health condition, an employee is on FMLA status because the
employee was unable to perform the essential functions of the job, a wntten statement
from his/her physician or practitioner must be provided statmg that the employee is able
to perform the essential functions of the job with or without reasonable accommodation,
prior to returning to work In addition, the City may require a work fitness examination
before allowing the employee to return to work.
14. On return from leave, an employee is entitled to be returned to the same position the
employee held when the FMLA leave started, or an equivalent position with equivalent
benefits, pay and other terms and conditions of employment, or an agreement, to another
job not necessarily equivalent in nature, as a reasonable accommodation.
15. The Director of Human Resources or designee shall have the responsibility of clearly
explaimng to the employee the beginning and ending dates of the approved FMLA leave;
whether or not the FMLA leave will be unpaid or paid, and, if an intermittent or reduced
leave schedule is requested exactly what that schedule is.
16. All FMLA requests and Certification of Healthcare Provider forms are confidential under
The Amencan With Disabilities Act (ADA) and must be sent to the Director of Human
Resources for filmg as a medical record.
17. An employee who has been granted FMLA leave for a serious health condition at the
City of Pearland may not engage in work at a second job until they have been released to
full -duty at the City of Pearland An employee who violates this pohcy may receive
disciplmary action, up to and including termination.
18. The Department Head will ensure that the employee has read the FMLA procedure. The
Department Head shall be responsible for keeping accurate attendance records on FMLA
usage.
PROBLEM RESOLUTION
It is the policy of the City of Pearland not to discharge or discnmmate against any employee
exercising his or her rights under the Family and Medical Leave Act. If you thmk you have been
treated unfairly please contact the Director of' Human Resources. If for any reason the problem
cannot be resolved at that level, please contact the City Manager. The decision of the City
Manager is bmdmg.
TAKING MORE THAN TWELVE WEEKS OF LEAVE
It is not fair to other employees when jobs are kept open indefinitely. Employees who fail to
return to work after exhaustmg their FMLA leave may be subject to discharge.
EXTENSIONS
Employees who, because of disability, remam temporarily unable to perform their jobs after
exhausting FMLA leave may request extension of leave beyond the 12-week brit. Any
extensions must have the written approval of both Human Resources and the employee's
immediate supervisor. In accordance with the Americans With Disabilities Act, if an employee
requests additional leave because of a disability, the leave will be granted as long as granting the
extra leave will not cause the City undue hardship.
APPLICATION FOR EDUCATION ASSISTANCE
PART I: TO BE COMPLETED BY EMPLOYEE
Name: Title:
Department: Hire Date:
Social Security #:
Name of School:
Address:
Major area of study:
Credits Accumulated:
Check one:
Certificate Technical Associate
Associate Bachelor's Other
Registration date: Course begins:
Course ends:
Subject/Course
Course I.D.
Fee Basis *
Number of Credit Hours
*Cost per credit or total cost for course.
Reason for taking course (including applicability to your job):
Employee Signature Date
PART II: DEPARTMENTAL APPROVAL
Employee is eligible for Educational Assistance:
Estimate total cost (Tuition, Registration, Fees, Texts) $
YES NO
Approved: Approved:
Department Head City Manager
CITY OF PEARLAND DRIVER EVALUATION TEST
Name. TDL #:
Applicant Annual Review Vehicular Accident
DPS Record Check: Evaluated by:
METHOD OF EVALUATION:
1. Determine the point value for each category.
2. Total the assigned point values to determine the final driver
evaluation score.
3. Determine if the driver evaluation score meets City of Pearland
standards. A driver evaluation score in excess of six (6) is not
acceptable.
Best = 0-2 Average = 3-4
Questionable = 5-6 Non -Acceptable = Over 6
4. Attach DPS Record.
5. Attach to application and/or file in personnel file.
Category Points Assignable
A. Length of Employment with the City of Pearland:
Over six (6) months .................................. 0
Up to six (6) months ..................... ............................. 1
Applicant 2
B Number of Accidents [within last three (3) years].
(At fault for employees)
None... 0
1
2... 2
5
**
C. Major Moving Violations [within the last three (3) year
Hit and runs Leaving the scene of an accident...
Driving under the influence of alcohol or drugs
Any felony, homicide or manslaughter involving use of a
Motor vehicle........
Racing (exhibition of acceleration) or excessive speeds
(20 mph over limits).* ..............................
Reckless, negligent or careless driving
License suspension or revocation... ..................
Speeding..........
3
Note: For accidents in which the driver was not a contributing factor,
the driver must submit the accident report to avoid point assignment.
Any moving violations cited in connection with the accident will be
included in Category D and/or E.
rs].
6 each
6 each
6 each
4 each
4 each
3 each
2 each
1
Other Moving Violations [within last three (3) years]:
None....„... •••••••••••••••• .......„........ ...... 0
1 or2......• ..................................... 1
3 and over...............„ •••••••••• ••• OOOOOO ................... 1 each
E. Dnving Without a License or Proof of Insurance:
None..... •••••• ..................................... .......... 0
1 or 2...... ... ... .... 1
3 and over. 1
F. Driver Education Courses [within last three (3) years]:
Each course. 1 each
Points Assessed:
Category A (- )
Category B (- )
Category C (- )
Category D (- )
Category E (- )
Category F (+ )
FINAL DRIVER EVALUATION SCORE.
Comments:
**
It is the responsibility of applicants and/or employees (not the City of
Pearland), to provide copies of accident reports.
2
TY OF PEARLAND
To be completed by Supervisor
OTO
CLE ACCIDENT REPORT
File #
Vin #
Date of Accident: Time of Accident:
Case #
Location: Department:
Employee Name/Job Title: Social Security #:
Unit #:
Year, Make, Model: Vehicle License #:
Describe damage to city vehicle:
Driver of other vehicle: Address:
Year, Make, Model: Vehicle License #:
Describe damage to other vehicle:
Damage to property other than vehicles:
Owner of property: Address:
Describe the accident (diagram if necessary):
Indicate other employee(s) involved or who contributed to incident; how were they involved?
What may be done to prevent similar damage?
Employee Signature:
Supervisor Signature:
Department Head:
Date:
Date:
Date:
Forward copy to Human Resources and Fleet Manager within 48 hours of accident.
Revised 05/04
EARLAND PROPERTY/EQUIPMENT LOSSOR DAMAGE REPORT
To be completed by Supervisor
File #
Vin #
Date of Damage: Time of Damage:
Location: Department:
Employee Name/Job Title: Social Security #:
Vehicle License #:
Case #
Unit #:
Year, Make, Model:
Speed before accident: MPH Type of road surface:
Describe damage to city equipment:
Driver of other vehicle: Address:
Owner of other vehicle: Address:
Insurance Co.: City, State :
Year, Make, Model: Vehicle License #:
Describe damage to other vehicle:
Damage to property other than vehicles:
Owner of property: Address:
Witness: Address:
Descnbe the accident or damage:
Indicate other employee(s) involved or who contributed to incident; how were they mvolved?
What may be done to prevent similar damage?
Employee Signature: Date:
Supervisor Signature: Date:
Department Head: Date:
Forward copy to Human Resources and Fleet Manager within 48 hours of accident.
Revised 11/19/02