R2006-084 07-24-06RESOLUTION NO. R2006-84
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING CERTAIN CHAPTERS OF THE CITY
OF PEARLAND EMPLOYEE HANDBOOK.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That certain Chapters of the City of Pearland Employee Handbook,
attached hereto as Exhibit "A" and made a part hereof for all purposes, are hereby
amended.
PASSED, APPROVED, AND ADOPTED this 24th day of July, A.D., 2006.
.1..; L
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
a,: le, 64 --.
DARRIN M. COKER
CITY ATTORNEY
EXHIBIT
CHAPTER 1
SECTION 1.05
Reason for Revision: To further clarify the responsibility of the
Department Head to hold themselves and their
subordinates accountable, and to place
emphasis on the Core Beliefs as the City
standard.
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 department head's responsibility to adhere to the its
principles of this Handbook, 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:
7/19/2006 Page 1 of 2 Section 1.05
AI.`' .
CHAPTER 1
INTRODUCTION
SECTION 1.05
ORGANIZATION
A
s
TEX
1r,
AND HISTORY
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 department head's responsibility to adhere to the its
principles of this Handbook, 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:
7/19/2006 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.
7/19/2006 Page 2 of 2 Section 1.05
Reason for Revision:
CHAPTER 2
SECTION 2.00
The City now employs two (2) Assistant City
Managers as opposed to a Deputy City Manager.
This revision will illustrate the changes in
Administration.
Purpose
The City of Pearland prides itself in being an equal opportunity
employer 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
employees 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,
education, 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
employment 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.
7/19/2006 Page 1 of 2 Section 2.00
rl
=
CHAPTER 2
EMPLOYMENT
SECTION 2.00
EQUAL
POLICIES AND
PRACTICES
EMPLOYMENT
OPPORTUNITY
F
%
A,
S £.,
Purpose
The City of Pearland prides itself in being an equal opportunity
employer 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
employees 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,
education, 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
employment 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.
7/19/2006 Page 1 of 2 Section 2.00
The application and effectiveness of this policy are the responsibility
of the City Manager, Deputy Assistant City Managers, Executive
Directors, Department Heads, and all levels of supervisory personnel.
7/19/2006 Page 2 of 2 Section 2.00
Reasons for Revision:
CHAPTER 2
SECTION 2.07
To illustrate the change made in Administration
when the position of Deputy City Manager
became Assistant City Manager.
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.
7/19/2006 Page 1 of 2 Section 2.07
CHAPTER 2
SECTION 2.07
r°
EMPLOYMENT
ORIENTATION AND
ITFXAS
POLICIES AND
TRAINING
PRACTICES
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.
7/19/2006 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 Assistant City Managers, Executive
Directors, Department Heads, and all levels of supervisory personnel.
7/19/2006 Page 2 of 2 Section 2.07
Reason for Revision:
CHAPTER 2
SECTION 2.09
A revision is needed to reflect previous changes
to the vacation leave policy, as requested by
Council, as well as the revision to the length of
the provisionary period for new hires, newly
transferred, and newly promoted employees.
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.
Supervisors 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.
Upon 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 net
eligible to use one week of vacation leave benefits after successfully
completing the provisionary period. An additional week of vacation is
available to the employee after the completion of one year de -ring the
first year of -employment; -however, vacation hours do accrue during
this -time.
7/19/2006 Page 1 of 3 Section 2.09
CHAPTER 2
SECTION 2.09
PSA%
EMPLOYMENT
PROVISIONARY
Fa
ilitaktairk
E " 5
POLICIES AND
PRACTICES
PERIOD AND
PERFORMANCE
REVIEWS
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.
Supervisors 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.
Upon 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 net
eligible to use one week of vacation leave benefits after successfully
completing the provisionary period. An additional week of vacation is
available to the employee after the completion of one year de -ring the
first year of -employment; -however, vacation hours do accrue during
this -time.
7/19/2006 Page 1 of 3 Section 2.09
Non-exempt employees shall, throughout the first six (6) months of
employment, receive feedback from the supervisor regarding their
performance. A formal evaluations shall be given after the employee
has they have been employed for a period not to exceed six (6)
months, verifying that the provisionary period has been successfully
completed. a An evaluation shall be given 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,
7/19/2006 Page 2 of 3 Section 2.09
• performance objectives, and/or the employee's attainment of
previously set objectives and goals as applicable.
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.
7/19/2006 Page 3 of 3 Section 2.09
Reason for Revision:
CHAPTER 3
SECTION 3.05
Reducing the amount of "call -out" pay from four
(4) hours to two (2) hours will save money for the
City. Employees will still get paid overtime,
however, they will only be guaranteed two (2)
hours. In addition, the maximum amount of comp
time that classified and non -classified employees
can accumulate has been reduced.
®
x
CHAPTER 3
SECTION 3.05
tiTe>
i_n 'i
""
Fa
COMPENSATION
OVERTIME FOR
POLICIES
NON-EXEMPT
E
X
AS
EMPLOYEES
Purpose
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.A, 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
Non-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
nearest 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
employee (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
employee may be contacted to report back to the job to resolve an
issue that has manifested itself after hours, or on the weekend.
7/19/2006 Page 1 of 3 Section 3.05
When this occurs, non-exempt employees shall be granted a
minimum of feu -r-{4) hours two (2) hours of "call -out" pay for reporting
back to work outside of their normal working hours. When the
employee works beyond the four (4) .heu-r two (2) 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) two (2) hours, returns home and is later called out a
second time, beyond the original four (4) two (2) hours, an additional
four -(4) two (2) 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) two (2)
hour period, the time shall be considered part of the original call -out,
and shall not entitle the employee to an additional few (4) two (2)
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
employees, 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
employee. The agreement shall be in writing and signed by the
employee 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
nature, 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.
7/19/2006 Page 2 of 3 Section 3.05
Limits of Accrual
Non-exempt Classified employees (Police) may accumulate up to 480
120 hours of unused comp time (320 80 hours of actual overtime
hours worked) in a comp time bank.
All other non-exempt employees may accumulate up to 240 #ours a
maximum of sixty (60) hours of comp time at any one time (460 40
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 less 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".
7/19/2006 Page 3 of 3 Section 3.05
CHAPTER 3
SECTION 3.07
Reason for Revision: Clarification is needed to resolve some
misunderstanding with regard to when
performance reviews should occur. These
revisions are consistent with previous changes to
the employee provisionary period.
I
CHAPTER 3SECTION
COMPENSATION
POLICIES
PAY FOR
PERFORMANCE
APPRAISALS
' Fad '" '
mrsmaistaittimi
1
• X s
7
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":
• Discussion of performance throughout the first six months of
employment followed by the official appraisal to verify removal
from the provisionary status,
• Three (3) months following a transfer or promotion, or following
an assignment to a new supervisor,
•— Thfco (3} months #allowing 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.
7/19/2006 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.
7/19/2006 Page 2 of 2 Section 3.07
Reason for Revision:
CHAPTER 3
SECTION 3.08
Reducing the amount of pay -out for accrued sick
leave will save money for the City. With the
outstanding growth in our Human Capital, it is
necessary to review, and in some cases, change
the benefits offered employees.
" Fl
WI
-
'"°
CHAPTER 3
COMPENSATION
POLICIES
SECTION 3.08
SEPARATION AND
SEPARATION PAY
X
A
s },
Purpose
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.
Regular full-time employees who were hired prior to July 24, 2006,
and Classified Police 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, retirement, or death, for all
unused and accrued sick leave time earned, not to exceed seven
hundred twenty (720) hours.
Regular full-time employees who were hired after (effective date of
policy), 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, retirement, or death, for all unused and
accrued sick leave, not to exceed three hundred sixty (360) hours.
7/19/2006 Page 1 of 3 Section 3.08
Separation pay shall not be available to employees for whom one or
more of the following factors are a contributing cause to the
separation of employment, whether by termination or resignation:
• Drinking of intoxicants or illegal drug use while on the job,
• Theft,
• Workplace violence, and
• Conviction of a felony.
Any regular full-time non -classified employee who resigns in good
standing and is paid separation pay and/or longevity pay (See
Section 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.
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.
7/19/2006 Page 2 of 3 Section 3.08
Charges for unreturned City property will be
paycheck by the Finance Department as
executed in the orientation process, during
payment of the final paycheck.
I - d-itionthe separating employee must
other than:
deducted from the final
defined by agreement
employment or prior to
be vy-ng for reasons
• +ntoxicar -s a illcgal drug use white -en- the job,
• Theft,
• Workplace violence, ahel
• Conviction of a f
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.
7/19/2006 Page 3 of 3 Section 3.08
Reason for Revision:
CHAPTER 4
SECTION 4.01
This revision is needed to discourage the accrual
of unlimited paid holidays and to clarify the
length of a designated holiday for employees
who work 12 hour shifts.
CHAPTER 4
TIME -OFF
BENEFITS
SECTION 4.01
HOLIDAYS
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.
7/19/2006 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 less 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 *(other exceptions discussed
below).
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) designated 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 reasonablc time ninety
days of accrual.
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.
* An employee assigned to work a twelve (12) hour shift will receive
two (2), twelve (12) hour designated holidays. An EMS employee
assigned to a twenty-four (24) hour shift will receive one entire shift
off work, as their designated holidays.
7/19/2006 Page 2 of 3 Section 4.01
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
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.
7/19/2006 Page 3 of 3 Section 4.01
Reason for Revision:
CHAPTER 4
SECTION 4.02
This revision is needed to clarify the amount of
time available to employees for bereavement
leave. It also addresses that the time will be
applied differently, depending on the type of shift
an employee works.
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 (3) 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 who work OR a
24-hour schedule shift will receive 7- hours {3 days-) one shift off
work.
In the event of a death of a relative who is not a member of the
immediate family, the employee may take up to one (1) full day of
paid leave, separate from the three (3) days for an immediate family
member. Therefore, a maximum off four (4) bereavement days may
be allowed per year; these days are not accumulative.
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.
7/19/2006 Page 1 of 2 Section 4.02
CHAPTER 4
TIME -OFF
SECTION 4.02
BEREAVEMENT
1
IPik
BENEFITS
LEAVE
s
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 (3) 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 who work OR a
24-hour schedule shift will receive 7- hours {3 days-) one shift off
work.
In the event of a death of a relative who is not a member of the
immediate family, the employee may take up to one (1) full day of
paid leave, separate from the three (3) days for an immediate family
member. Therefore, a maximum off four (4) bereavement days may
be allowed per year; these days are not accumulative.
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.
7/19/2006 Page 1 of 2 Section 4.02
For purposes of bereavement leave, the immediate family includes
the following:
Spouse
Child
Parent
Brother
Sister
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
dcath from a newspaper, -a funeral brochure, or a similar document.
7/19/2006 Page 2 of 2 Section 4.02
Reason for Revision:
CHAPTER 4
SECTION 4.03
The City feels that it is important to clarify that
this Section refers to "hourly" employees in
accordance with the Fair Labor Standards Act.
An exempt employee would not be docked for
service as a juror over fifteen (15) days.
Purpose
It is the intent of the City of Pearland to provide wages to hourly
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.
7/19/2006 Page 1 of 2 Section 4.03
CHAPTER 4
TIME-OFF
BENEFITS
SECTION 4.03
JURY AND
WITNESS DUTY
LEAVE
iftediiiitia
5
Purpose
It is the intent of the City of Pearland to provide wages to hourly
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.
7/19/2006 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.
7/19/2006 Page 2 of 2 Section 4.03
Reason for Revision:
CHAPTER 4
SECTION 4.04
The EMS Director requested that he be allowed
to require EMS employees to provide a one (1)
hour notice when they are going to be absent
from work, as opposed to the thirty (30) minutes
that regular employees are required to check in,
due to the time it takes to find someone to staff
the shift.
The second change, on page 2, will reduce the
amount of pay out for accrued sick leave that an
employee can receive upon leaving the City.
Currently, employees receive pay for up to 720
hours. We recommend changing the pay out to
360 hours.
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". EMS emergency
personnel are required to notify a shift supervisor or department head
at least one (1) hour prior to the start of the scheduled workday on
each day of absence.
7/19/2006 Page 1 of 3 Section 4.04
CHAPTER 4
TIME -OFF
BENEFITS
SECTION 4.04
SICK LEAVE
" Fl m
ifyliBir
EX AS
/ r)
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". EMS emergency
personnel are required to notify a shift supervisor or department head
at least one (1) hour prior to the start of the scheduled workday on
each day of absence.
7/19/2006 Page 1 of 3 Section 4.04
Upon returning to work after a period of sick leave, the employee
shall submit a signed "Request for Time -Off' form confirming the
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
side- leave, note�cceeding seven re4 4y-{-7129} hours, +s the
maximum that wiU be paid at the -o# of employment.
However, the maximum amount of accrued sick leave to be paid out
at termination of employment is seven hundred twenty (720) hours for
employees hired prior to (effective date of change), and three
hundred sixty (360) hours for employees hired after (effective date of
change).
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.
7/19/2006 Page 2 of 3 Section 4.04
When an employee has exhausted all earned sick leave, he/she may
elect to use earned vacation as sick leave. When absence due to
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.
7/19/2006 Page 3 of 3 Section 4.04
Reason for Revision:
CHAPTER 4
SECTION 4.05
The policy on FMLA needed to be revisited since
it was originally written in 1993. We clarified the
need to give notice and the appropriateness of
using accrued leave for unpaid leave.
';
1-1A4-:
CHAPTER 4
TIME -OFF
BENEFITS
SECTION 4.05
FAMILY AND
MEDICAL LEAVE
rr '"
afridivitia
, A 5
Purpose
It is the intent of the City of Pearland to grant employees extended
leaves of absence under certain circumstances. This policy is
designed to comply with the provisions of the federal Family and
Medical Leave Act of 1993 (FMLA). Except as stated below,
employees will not receive compensation during an extended leave of
absence.
Discussion
The City of Pearland 414 with-ef the Fa -RI -Ilya -Rd
Medical Leave Act, regarding therim-rigobligations 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 been employed for at -least a total of on -e-- (1-) year of
scw+se, twelve (12) months and worked a minimum of 1,250 hours
during the 12 -month period before the leave begins. The -granting -and
duration of each -leave e and the +en received by
the employee, of- any, during -Fa Leave -will be determined
by the City of- Peadand ---r pplicable federal and
state law:
Family and medical leave is unpaid leave. If leave is requested for an
employee's own serious health condition, or to care for a spouse,
child, or parent who has a serious health condition, the employee
must use all of his/her accrued paid sick leave, vacation leave,
designated holidays, and/or accrued holidays.
7/19/2006 Page 1 of 6 Section 4.05
If leave is requested for any of the other reasons listed below, an
employee must use all his/her accrued paid vacation, designated
holidays, and/or accrued holidays.
In all situations, when the employee has exhausted his/her accrued
leave, the remainder of the leave period will then consist of unpaid
leave.
Reasons For Leave
The of considered:
-Health
Eligible employees who are unable to --work -because- af-- a
serious health -condition,- disability,-oi work- related injury may
be granted amedical leave . This type of I ave
covers by pregnancy, childbirth, or other
_ cause an -employee to be absent
from -work -over three (3) das- The City of Pcarland requires
certification -from- the employee's health care provider of -an
employee's need for leave. Failure -4o- submit -a timely request
e _ ••' ._ . - _ - three (3) consecutive
days -have- been missed from wore-wi-H-- not prevent an
employee -from being placed on -FM -LA.
r
e ---: -- _e -e
e
• _---,-
• -Parer tal l eave of Absence: Eligible employees may be
granted a leave of -absence to -Gare for the employee's child
upon e for a child upon the child's pl acement with
the employee for adoption or foster care. Eligible employees
may osc vacation, designated -holiday and/or holidays
accrued.
Family -Leave- employees maw
granted -a leave -of --absence for the purpose -of caring- for the
employee's child, spouse, or parent who -has a serious health
44 City of P arland requires the
family member's health caro provider regarding the serious
health condition, both before the leave begins, and on a
periodic basis thereafter.
7/19/2006 Page 2 of 6 Section 4.05
All employees who meet the applicable time -of -service requirements
may be granted a total of twelve (12) weeks of unpaid family leave for
the following reasons:
• the birth of the employee's child and in order to care for the
child;
• the placement of a child with the employee for adoption or
foster care;
• to care for a spouse, child or parent who has a serious health
condition; or
• a serious health condition that renders the employee incapable
of performing the functions of his/her job.
The entitlement to leave for the birth or placement of a child for
adoption or foster care will expire twelve (12) months from the date of
the birth or placement.
Application For Leave
In all cases, an employee requesting leave must complete an
"Application for Family and Medical Leave" form (Appendix) and
return it to the Benefits Coordinator or the Human Resources
Director. The completed application must state the reason for the
leave, the duration of the leave, and the starting and ending dates of
the leave.
An employee intending to take family or medical leave because of an
expected birth or placement, or because of a planned medical
treatment, must submit an application for leave at least thirty (30)
days before the leave is to begin. If leave is to begin within thirty (30)
days, an employee must give notice to his/her immediate supervisor
and to the Benefits Coordinator or Human Resources Director as
soon as the necessity for the leave arises.
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 employee from being placed on FMLA.
7/19/2006 Page 3 of 6 Section 4.05
Medical Certification of Leave
An application for leaved based on the serious health condition of the
employee or the employee's spouse, child, or parent must also be
accompanied by a "Medical Certification Statement" form, completed
by the applicable health care provider. The certification must state
the date on which the health condition commenced, the probable
duration of the condition, and the appropriate medical facts regarding
the condition.
If the employee is needed to care for a spouse, child, or parent, the
certification must so state along with an estimate of the amount of
time the employee will be needed. If the employee has a serious
health condition, the certification must state that the employee cannot
perform the functions of his/her job.
Benefits Coverage During Leave
During a period of family or medical leave, an employee will be
retained on the City's health plan under the same conditions that
applied before leave commenced. To continue dependent health
coverage, the employee must continue to make any contributions that
he/she made to the plan before taking leave. Failure of the employee
to pay his/her share of the health insurance premium may result in
loss of coverage.
If the employee fails to return to work after the expiration of the leave,
the employee will be required to reimburse the City of Pearland for
payment of health insurance premiums during the family leave,
unless the reason the employee fails to return is the presence of a
serious health condition which prevents the employee from
performing his/her job or due to circumstances beyond the
employee's control.
An employee who takes family or medical leave will not lose any
seniority or employment benefits that accrued before the date leave
began, however benefits will not continue to accrue while an
employee is on unpaid leave.
7/19/2006 Page 4 of 6 Section 4.05
Restoration To Employment
An employee eligible for family and medical leave, with the exception
of those employees designated as "highly compensated employees",
will be restored to his or her old position or to a position with
equivalent pay, benefits, and other terms and conditions of
employment. The City of Pearland cannot guarantee that an
employee will be returned to his or her original job. The City
Manager, Human Resources, and the Legal Department will make a
determination as to whether a position is an "equivalent position".
Return From Leave
An employee must complete a "Notice of Intention to Return From
Family or Medical Leave" before he/she can be returned to active
status. If an employee wishes to return to work prior to the expiration
of a family or medical leave of absence, notification must be given to
the employee's supervisor at least five (5) working days prior to the
employee's planned return.
Failure To Return From Leave
The failure of an employee to return to work upon the expiration of a
family or medical leave of absence will subject the employee to
immediate termination unless an extension is granted. An employee
who requests an extension of family leave or medical leave due to the
continuation, recurrence or onset of his/her own serious health
condition, or of the serious health condition of the employee's
spouse, child, or parent, must submit a request for an extension, in
writing, to the employee's immediate supervisor and to Human
Resources. The written request should be made as soon as the
employee realizes that he/she will not be able to return at the
expiration of the leave period.
A request for any leave of absence- or army extension of leave shall -be
submitted in --writing to least -ten
(40)-workingfor-tel , tart of the requested extension period.
When- the need 4ei--a-n- extension -is- -not foreseeable, employees
should give notice as soon as the need is reed.
7/19/2006 Page 5 of 6 Section 4.05
Employees -041- approved Family eve are expected 4e
report any -change-of status in- their need for leave, or in their tention
to return 4owork,-to the Director of Human Resources.
Employees may use accrued leave (i.e. sick, vacation, mor
designated holidays) while -away from work-on-teamily and -Medical
Leave. An employee may -use comp time for-extended-absenc -with
the approval -of his/her supervisor, -however; the time -will-not reflect
against their FMLA calendar, according to FMLA Regulations.
The hof Pearland will insurance and -other benefits
to employees -en- leave, as- required by law. Arrangements -shall -be
made -with khan- Resources payrnent- -of--dependent
insurance coverage during - - - _ . - _ : - _ _ _ _ ' e - _ - : sick
hours do not accrue during : - : _ - :.': - _ . - : during periods
the is receiving only workers' compensation
benefits.
Employees return+ng- from -a- be reinstated to
their same -job or e -a -n -with status and pay,
as required by taw-: Employees rcturning from -a --serious -health
condition- must -provide -ef 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. (Append -4)
7/19/2006 Page 6 of 6 Section 4.05
CHAPTER 4
SECTION 4.06
Reason for Revision: The Uniformed Services Employment
Reemployment Rights Act, or USERRA, was
amended to provide employees on Military Leave
an entitlement of a paid leave of absence not to
exceed fifteen (15) workdays in a federal fiscal
year. This was added to our current policy.
Purpose
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
uniformed 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
Uniformed 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.
An employee who is a member of the state military forces or a
reserve component of the armed forces is entitled to a paid leave of
absence for authorized training or duty ordered or authorized by
proper authority. This paid leave shall not exceed fifteen (15)
workdays in a federal fiscal year.
In addition, E employees with a minimum of one (1) year or more of
service as an employee at the City of Pearland will be eligible for
differential 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
7/19/2006 Page 1 of 2 Section 4.06
CHAPTER 4
TIME-OFF
BENEFITS
SECTION 4.06
MILITARY LEAVE
OF ABSENCE
F,. ' °
if 1.6X
T E A S
Purpose
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
uniformed 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
Uniformed 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.
An employee who is a member of the state military forces or a
reserve component of the armed forces is entitled to a paid leave of
absence for authorized training or duty ordered or authorized by
proper authority. This paid leave shall not exceed fifteen (15)
workdays in a federal fiscal year.
In addition, E employees with a minimum of one (1) year or more of
service as an employee at the City of Pearland will be eligible for
differential 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
7/19/2006 Page 1 of 2 Section 4.06
Pearland will pay the difference between what an employee earns
from the government for military service and what the employee
would have earned from normal straight -time pay on the job. This
difference will be paid for up to thirty (30) days in a calendar year.
7/19/2006 Page 2 of 2 Section 4.06
Reason for Revision:
CHAPTER 5
SECTION 5.03
The way the current Section reads, there should
be a "form" in the Appendix that employees can
use to request donated hours. We want to
remove this reference, as there is no "form".
Supervisors are required to make a written
request to Human Resources on behalf of the
employee.
Purpose
The City of Pearland recognizes that from time to time, situations
arise 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 less 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.
7/19/2006 Page 1 of 2 Section 5.03
CHAPTER 5
SECTION 5.03
GROUP HEALTH
DONATED SICK
AND RELATED
LEAVE
TEXAS
BENEFITS
Purpose
The City of Pearland recognizes that from time to time, situations
arise 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 less 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.
7/19/2006 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.
7/19/2006 Page 2 of 2 Section 5.03
Reason for Revision:
CHAPTER 6
SECTION 6.00
This revision is intended to place more emphasis
on the City's expectation of employees. A
statement regarding "fraud" has also been added
to this section and a copy of the Finance
Department's policy has been included in the
Appendix. Even though you will find "red -lines"
in this document, there has been nothing deleted
from the original. We simply re -arranged, or
combined statements to provide a more
comprehensive document.
<,i: 1,
�•
CHAPTER 6
EMPLOYEE
SECTION 6.00
GUIDELINE FOR
r
fit
CONDUCT
EMPLOYEE
X A s
> °`
CONDUCT
Purpose
It is the policy of the City of Pearland to implement effective
personnel policies that encourage a productive work environment.
The City expects employees to follow rules of conduct that will protect
the interests and safety of all employees and the organization, and
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, professional, and respectful manner.
Revised 7/19/2006
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 7/19/2006
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.
It is not possible to list all the forms of behavior that are considered
unacceptable in the workplace. The following list provides examples
of misconduct that the City of Pearland considers grounds for
disciplinary action, up to and including termination of employment. but
is 4:10t- an e t ve-Iist:
• Lying to Supervisor; any other act of untruthfulness so as to
discredit the City and/or the department.
• Theft or inappropriate removal or possession of property.
• 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 document.
• Any fraud, forgery, misappropriation of funds, receiving
payment for services not performed or for hours not worked,
mishandling or untruthful reporting of money transactions,
destruction of assets, embezzlement, accepting materials of
value from vendors, consultants, or contractors, and/or
collecting reimbursement of expenses made for the benefit of
the City. (An Inter -Departmental Policy and Procedure
regarding incidents of fraud or irregularity can be found in the
Appendix - Policy Number FIN100)
Revised 7/19/2006
Page 3 of 6 Section 6.00
• Working under the influence of alcohol or illegal drugs.
Possession, distribution, sale, transfer, or use of alcohol or
illegal drugs in the workplace, while on duty, or while operating
employer -owned vehicles or equipment.
• Reporting 40 -work ender the influence -e# alcohol, -illegal drugs,
er narcotics, or- using, selling, dispensing, or possessing
al-Genet,al-Genet, illegal drugs, sr -narcotics on City premises.
• We -gaily- manufacturing, possessing, using, selling, ,
transporting -or drogue
• Bringing or using alcoholic beverages on City property or using
alcoholic beverages while engaged in City of Pearland
business, except when authorized.
• Fighting or threatening violence in the workplace; using
obscene, profane, abusive, or threatening language or gestures
in the workplace.
• Boisterous or disruptive activity in the workplace.
• Negligent or improper conduct leading to damage of employer -
owned or citizen -owned property.
• Engaging in insubordination or other disrespectful conduct.
• Possession of dangerous or unauthorized materials, such as
explosives or firearms, on City of Pearland premises or while on
City business.
• Establishing a pattern of excessive absenteeism or tardiness,
as determined with reference to the Americans With Disabilities
Act and/or the Family and Medical Leave Act.
• Any absence without notice, including excessive unauthorized
absence from the workstation during workday.
• Violating the City of Pearland's nondiscrimination, sexual,
and/or anti -harassment policies.
Revised 7/19/2006
Page 4 of 6 Section 6.00
• Soliciting or accepting gratuities from customers or vendors.
clients.
• Engaging in excessive, unnecessary, or unauthorized use of
City of Pearland's supplies, particularly for personal purposes,
including unauthorized use of telephones, printers, mail system,
electronic mail, computers, Internet access or other employer -
owned equipment. Misuse of City communications systems,
includingelectronic mail, Internet assoss, and
telephones.
• Smoking where prohibited by local ordinance or City rules (See
Section 6.07).
• Removing from the City premises, material or equipment
belonging to the City of Pearland without authorization;
borrowing articles belonging to another employee, customer or
supplier without consent; damage to, or unauthorized use of
City property -or ; stealing, destroying, or defacing;- or
misusing -City property, an employee's, or a citizen's property.
• Disregard, or violation of safety or security regulations and/or
failure to wear assigned safety equipment.
• Wearing improper attire or having an inappropriate personal
appearance (see Section 6.02).
• 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 business, its
employees, or customers. Failing to main- of
City of Pearland customer information.
• Violation of personnel policies.
• Unsatisfactory performance or conduct.
Revised 7/19/2006
Page 5 of 6 Section 6.00
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.
In addition, 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 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.
All employees will refrain, while in uniform or on duty, from using their
influence publicly and directly in any way 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.
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 7/19/2006
Page 6 of 6 Section 6.00
Reason for Revision:
CHAPTER 6
SECTION 6.01
This revision is strictly for reference to the Sick
Leave Policy found in Section 4.04, and to add
the number "(3)" in the first sentence of the last
paragraph.
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
7/19/2006 Page 1 of 3 Section 6.01
i
CHAPTER 6
EMPLOYEE
SECTION 6.01
ABSENTEEISM AND
CONDUCT
TARDINESS
EX AS
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
7/19/2006 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 (See Section 4.04) 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.
7/19/2006 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 (3) 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.
7/19/2006 Page 3 of 3 Section 6.01
Reason for Revision:
CHAPTER 6
SECTION 6.02
Our dress code needed to be updated to include
a more appropriate apparel for this area.
Cropped pants, when worn as a "suit" with dress
shoes, and sleeveless blouses have been added
to the list of appropriate attire.
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 body piercing(s) and multiple
and/or obscene tattoos should not be visible.
7/19/2006 Page 1 of 5 Section 6.02
ix>
�•
F�
7ijrt(v 3}/5
�
;
CHAPTER 6
EMPLOYEE
CONDUCT
SECTION 6.02
PERSONAL
APPEARANCE AND
DEMEANOR
E
Sir>>
X
A 5
,, 1
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 body piercing(s) and multiple
and/or obscene tattoos should not be visible.
7/19/2006 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
7/19/2006 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.
7/19/2006 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,
• Any skirt or skort 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 (Cropped pants may be
acceptable if they are part of a suit, and worn with dress
shoes),
• 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 such as 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 head),
blue denim jeans, including jumpers, jean -s, skirts, and dresses
are is never appropriate in the office. Denim shirts with City
logo are acceptable on Friday.
Bate -feet -and -bare -legs
however, when the temperature is above 85 degrccs, an -exception -4e
-andie-r-a-miel-Gatf-GFA-on ger
-
7/19/2006
Page4of5
e e' e
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 that have 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.
7/19/2006 Page 5 of 5 Section 6.02
Reason for Revision:
CHAPTER 6
SECTION 6.03
This revision is intended to place emphasis on
providing the highest possible standard of
professionalism to our citizens and other
customers.
'Aru
" Fa '' '`
I talidika
CHAPTER 6
EMPLOYEE
CONDUCT
SECTION 6.03
CUSTOMER
RELATIONS
T ......,a
T E 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:
7/19/2006 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.
7/19/2006 Page 2 of 2 Section 6.03
CHAPTER 6
SECTION 6.11
Reason for Revision: This revision is intended to re-emphasize,
"employment at will", and change the word
"procedure", to "policy".
fiiiCHAPTER
6
EMPLOYEE
SECTION 6.11
GRIEVANCE
0 Fl '"`
�
CONDUCT
PROCEDURE
EX
POLICY
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 Assistant City Managers, department heads,
superintendents, and supervisors shall have the right to file a formal
grievance. This policy does not create a property interest in
employment, or modify the employment -at -will nature of an
employees' employment with the City of Pearland.
Discussion
The basis for a grievance will exist only in the case of the following:
• suspension
• demotion
• termination
When a basis for filing a grievance ex+ss, 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
7/19/2006 Page 1 of 2 Section 6.11
the date of request, unless the aggrieved employee seeks a later
date. Presentations during the grievance hearing shall be limited to
relevant facts that are capable of being substantiated.
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.
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.
7/19/2006 Page 2 of 2 Section 6.11
APPENDIX
CITY OF PEARLAND
INTER -DEPARTMENTAL POLICY AND PROCEDURE
POLICY NUMBER FIN100
Effective 5/15/06
REPORTING & RESPONSE TO INCIDENTS OF FRAUD OR IRREGULARITY
PURPOSE
To protect the assets and interests of the City of Pearland, increase overall fraud awareness, provide
a mechanism for employees to voice concerns, and to ensure a coordinated approach for
responding to allegations or suspicions of fraud or irregularity.
SCOPE
This policy and procedure shall apply to all City employees (full-time and part-time),
temporary/seasonal personnel, and volunteers.
DEFINITION
Fraud generally involves a willful or deliberate act with the intention of obtaining unauthorized
benefits, such as money or property, by deception or other unethical means. Dishonest or
fraudulent activities include, but are not limited to:
• Forgery or alteration of documents (checks, time sheets, contractor agreements, purchase
orders, securities, etc.)
• Misrepresentation of information on documents
• Misappropriation of funds, securities, supplies, furniture, fixtures, and equipment, or any
other asset
• Authorizing or receiving payment for goods not received or services not performed
• Authorizing or receiving payments for hours not worked with the exception of those
allowed under City policy.
• Unauthorized use or misuse of City property, equipment, materials records
• Improprieties in the handling or reporting of money transactions
• Theft or destruction of any asset
• Embezzlement
• Seeking or accepting anything of material value from vendors, consultants, or contractors
doing business with the City in violation of the City's policy
• Any claim for reimbursement of expenses that are not made for the exclusive benefit of
the City.
• Any computer related activity involving the alteration, destruction, forgery, sale, or
manipulation or misappropriation/misuse of data for fraudulent purposes
• Misstatement and other irregularities of City records, including misstatement of the City's
financial statements, and reports.
• Any violation of Federal, State, or local laws related to dishonest activities or fraud
• Any similar or related activity/irregularity
POLICY
The City is committed to protecting its revenue, property, information and other assets from any
attempt, either by members of the public, contractors, vendors, volunteers, or its own employees, to
gain by fraud or deceit, financial or other benefits. It is everyone's responsibility to report any
possible fraudulent activity or irregularity. The City will make every reasonable effort to identify
and promptly investigate all instances of known or alleged instances of fraudulent activities or
other fiscal irregularities. The City will take appropriate disciplinary and/or legal actions against
employees or others, including the possibility of termination of employment, restitution, and
making information available to the appropriate authorities for criminal prosecution. Fraud will not
be tolerated and will be appropriately dealt with regardless of the individual's past performance,
position held, length of service, or relation.
Measures to Minimize the Risk of Fraud
In order to maintain the City's high standards, procedures and controls have been and will be
established to minimize the opportunity for fraud. These procedures and controls help the City
function in a manner that is beyond reproach. They establish the rules by which Directors,
Supervisors, and all other employees must function and are supported, as necessary, by detailed
procedures.
It is the responsibility of Directors and Supervisors to ensure that the standards are communicated
to and are known by their employees and that internal systems and procedures function as
designed. Appropriate procedures such as the following need to be implemented to ensure:
• An adequate separation of duties
• Proper authorization levels and approvals
• Independent monitoring, review and approval of data and or documentation
• An adequate level of supervision
An annual audit of the City is conducted by an outside audit firm. The firm will perform various
tests and analyses of selected transactions to ascertain the reliability of financial information and to
monitor for compliance with City policies, applicable regulations and laws and undertakes checks
to detect opportunities for fraud and irregularities.
Management Responsibility
Management is responsible for detecting fraudulent or related dishonest activities in their areas of
responsibilities. Directors and Supervisors should be familiar with the risks and exposures inherent
in their areas of responsibility. Specifically:
• Be aware of what types of fraud can occur
• Put into place and maintain effective monitoring, review and control procedures that will
prevent and promptly detect acts of wrongdoing
Each level of supervision should be alert for any indication of improper activity, misappropriation,
or dishonest activity that is or was in existence in his or her area. When an improper activity is
detected or suspected, management should determine whether an error or mistake has occurred or if
there may be dishonest or fraudulent activity.
PROCEDURES
A. Employee Responsibilities
When suspected fraudulent incidents or practices are observed by or made known to an
employee, the following steps should be taken:
1. The incident or practice must be reported to a supervisor for reporting to the Department
Director. If an employee believes the supervisor may be involved in the inappropriate
activity, the employee shall make the report directly to the next higher level of
management or the Director of Finance. If the Director of Finance is suspected of
inappropriate activity, the employee shall make the report directly to the City Manager.
2. The Department Director will promptly notify the Director of Finance.
3. The reporting employee shall refrain from further investigation of the incident, will not
confront the suspected alleged violator, or further discuss the incident with anyone unless
requested to by the investigative team and/or law enforcement personnel.
4. Employees who knowingly make false allegations will be subject to discipline up to and
including termination.
5. Employees may submit suspected fraudulent/dishonest activities and irregularities
confidentially or anonymously by mail (or other means of delivery) to the Director of
Finance, 3519 Liberty, Pearland, TX 77581. Mark on the lower left corner of the envelope
"Private and Confidential". Envelopes so marked shall be forwarded unopened.
B. Management Responsibilities
1. Upon notification by an employee of suspected fraud, or if the Supervisor has reason to
suspect that fraud has occurred, the manager will immediately notify the Department
Director.
2. When the Supervisor believes his supervisor may be involved in the inappropriate
activity, the Supervisor will make the report directly to the next higher level of
management or the Director of Finance. If the Director of Finance is suspected of
inappropriate activity, the employee shall make the report directly to the City Manager.
3. The Department Director shall promptly notify the Director of Finance
4. Unless requested, the Department Director or Supervisor should not contact the
suspected individual(s) to determine the facts or demand restitution.
5. The case, facts, suspicions, or allegations should not be discussed with anyone, unless
specifically directed to by the investigation team or law enforcement personnel.
6. All inquiries from the suspected individual should be directed to the Director of Finance.
7. Great care must be taken in dealing with suspected dishonest or fraudulent activities to
avoid the following:
i. Incorrect accusations
ii. Alerting suspected individuals that an investigation is underway
iii. Treating employees unfairly
iv. Making statements that could lead to claims of false accusations or other offenses
v. Violating any person's right to due process
C. Investigation
1. The Director of Finance, working with the City Attorney, will investigate situations
involving possible fraud or related dishonest or irregular activities.
2. After initial review and a determination that the suspected fraud warrants additional
investigation, the Director of Finance may form an investigative team to investigate any
alleged acts of fraud or related activities, as deemed necessary.
3. If it's determined that illegal/criminal activity has occurred, the case will be turned over
to the Police Department to conduct the investigation.
4. If warranted, the City shall take immediate action to prevent the theft, alteration, or
destruction of relevant records. Such actions may include, but are not limited to, removing
the records and placing them in a secure location, limiting access to the records, and/or
preventing the individual suspected of committing the alleged fraud from having access to
the records.
5. If warranted, a prompt investigation will be conducted to include detailed analysis. The
designated members of the investigative team will have:
i. Free and unrestricted access to all City records and premises, whether owned or
rented, that are deemed pertinent to a complete and accurate investigation.
ii. The authority to examine, copy and/or remove all or any portion of the contents of
files, desks, cabinets, and other storage facilities (whether in electronic form or other)
without the prior knowledge or consent of any individual who might use or have
custody of any items or facilities when it is within the scope of investigative or related
follow-up procedures. There is no assumption of privacy.
iii. If deemed appropriate, the City may engage at the City's expense independent
advisors or consultants to assist in the investigative process.
iv. All participants in an investigation shall keep the details and results of the
investigation confidential.
v. Employees should be aware that, if a suspicion is reported and results in a
prosecution or disciplinary action/hearing, they might be called upon as a witness in
those processes, unless other substantial reliable evidence is available.
vi. Although an employee making an anonymous allegation may be advised that
maintaining anonymity could hinder an effective investigation. The anonymity of the
employee making the allegation shall be maintained until the employee indicates in
writing; they do not wish to remain anonymous.
D. Reporting
The Director of Finance will notify the City Manager, Assistant City Manager(s), and the
Department Director of the reported allegation of fraudulent or irregular activities. Throughout
the investigation, the Director of Finance will report pertinent investigative findings to the City
Manager, Assistant City Manager(s), and Department Director.
If evidence is uncovered showing possible fraudulent activities:
1. The Director of Finance will discuss the findings with the City Manager, Assistant City
Manager(s), and Department Director.
2. The Director of Finance will advise the Department Director and the Human Resources
Director, if the case involves staff members, to determine if disciplinary actions should be
taken.
3. The Audit Committee will also be notified of the findings if the investigation is in an
area of high public interest or if the amount of loss is greater than $25,000.
4. Based on the investigation and outcome, the investigative team will issue a report on the
adequacy of internal controls and make recommendations for improvements.
The Director of Finance will report to the external auditors of the City all information relating
to investigations.
E. Personnel Actions
1. If a suspicion of fraud is substantiated by the investigation, disciplinary action, up to and
including termination shall be taken, in consultation with the Human Resources Director
and the City Attorney, in conformance with the City's Employee Policy Manual.
2. Action may also include prosecution and/ or restitution.
3. If the situation warrants immediate action - for example, an obvious theft has taken
place, security is at risk, etc. then immediate action may be taken in consultation with the
Human Resources Director and the City Attorney, in conformance with the City's
Employee Policy Manual.
4. Unless special circumstances exist, a person under investigation for fraud shall be given
notice of the essential particulars of the allegations following the conclusion of the
investigation and prior to final disciplinary action being taken.
F. Completion of Investigation
Upon completion of the investigation including all legal and personnel actions, any records,
documents and other evidentiary material will be returned to the appropriate department.
G. Whistle Blower Protection
No employer or person acting on behalf of the employer shall:
1. Dismiss or threaten to dismiss an employee
2. Discipline or suspend or threaten discipline
3. Impose any penalty upon an employee
4. Intimidate or coerce an employee, or
5. In any way retaliate against an employee that has acted in accordance with the
requirements of this policy. A violation of this section will result in discipline up to and
including termination.
H. Contacts/Media Inquiries
1. Any staff person or elected or appointed official contacted by the media with respect to
an investigation shall refer the media to Public Affairs. The alleged fraud or investigation
shall not be discussed with the media by any other person, unless directed to by Public
Affairs. The Director of Finance and Public Affairs will determine the media messages and
identify an appropriate City spokesperson, as deemed necessary.
I. Retention of Records
Records pertaining to the suspected fraud and investigation are the property of the City and
shall be retained in compliance with applicable laws and document retention policies.
J. Non -Fraud Irregularities
Identification or allegations of acts outside the scope of this policy, such as personal
improprieties or irregularities, whether behavioral, safety or work environment related, or
complaints of discrimination or sexual harassment, should be resolved by the respective area
management in conjunction with Human Resources and/or reference to any other existing City
policies.
FORMS
None.
ENFORCEMENT
All questions or other clarifications of this policy and its related responsibilities should be
addressed to the Director of Finance, who shall be responsible for the administration, revision,
interpretation, and application of this policy.