R-2013-107-2013-07-08RESOLUTION NO. R2013-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING THE CITY'S EMPLOYEE
HANDBOOK.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS:
Section 1. That the City Council hereby amends the City's Employee Handbook
in accordance with Exhibit "A" attached hereto.
PASSED, APPROVED, AND ADOPTED this 8th day of July, A.D., 2013.
ATTEST:
Y,UNG .'CSI F1 NG, T,
SE ; ETARY
APPROVED AS TO FORM:
.
DARRIN M. COKER
CITY ATTORNEY
4{12
TOM REID
MAYOR
EXHIBIT "A"
Resolution No. 2013-107
TABLE OF CONTENTS
CHAPTER 1 - GENERAL PROVISIONS
• PURPOSE SECTION 1.00
• AUTHORITY SECTION 1.01
• SCOPE SECTION 1.02
• AMENDMENTS SECTION 1.03
• CORE BELIEFS SECTION 1.04
• DEFINITIONS SECTION 1.05
• EMPLOYMENT AT WILL SECTION 1.05
• DISCLAIMER SECTION 1.07
CHAPTER 2 - EMPLOYMENT
• EQUAL EMPLOYMENT OPPORTUNITY SECTION 2.00
• CLASSIFICATION PROCESS SECTION 2.01
• RECRUITMENT SECTION 2.02
• WORKING AGE SECTION 2.03
• APPLICANT DISQUALIFICATION SECTION 2.04
• NEPOTISM . SECTION 2.05
• PROBATIONARY PERIOD SECTION 2.06
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• HEALTH AND FITNESS (FIT FOR DUTY; HPE) SECTION 2.07
• TRANSFERS/PROMOTIONS SECTION 2.08
• OFF DUTY EMPLOYMENT SECTION 2.09
• PERFORMANCE EVALUATIONS SECTION 2.10
• SEPARATION OF EMPLOYMENT SECTION 2.11
o VOLUNTARY
o INVOLUNTARY
o REDUCTION IN FORCE
• RE-EMPLOYMENT SECTION 2.12
• APPEAL/COMPLAINT PROCESS SECTION 2.13
CHAPTER 3 - CONDUCT
• GUIDELINES FOR EMPLOYEE CONDUCT SECTION 3.00
• ETHICS SECTION 3.01
• PERSONAL APPEARANCE SECTION 3.02
• ATTENDANCE AND PUNCTUALITY SECTION 3.03
• TECHNOLOGY USE SECTION 3.04
• MEDIA RELATIONS . SECTION 3.05
• TRAVEL AND MEETINGS SECTION 3.06
• USE OF CITY VEHICLES/EQUIPMENT SECTION 3.07
• POLITICAL ACTIVITY SECTION 3.08
• INCLEMENT WEATHER/EMERGENCIES GENERAL POLICIES SECTION 3.09
• USE OF TOBACCO PRODUCTS SECTION 3.10
• SEXUAL HARASSMENT AND NON-DISCRIMINATION SECTION 3.11
• WORKPLACE VIOLENCE SECTION 3.12
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• DRUG AND ALCOHOL POLICY SECTION 3.13A
• DRUG AND ALCOHOL POLICY (DOT) SECTION 3.13B
• POSSESSION OF DANGEROUS WEAPONS SECTION 3.14
• EMPLOYEE ARREST SECTION 3.15
• POSITIVE DISCIPLINE SECTION 3.16
CHAPTER 4 - SALARY ADMINISTRATION
• WORK WEEK SCHEDULES SECTION 4.00
• HOURS OF OPERATION SECTION 4.01
• EMERGENCY -INCLEMENT WEATHER PAY SECTION 4.02
• ON-CALL AND CALL BACK SECTION 4.03
• METHODS OF PAY SECTION 4.04
• OVERTIME/COMPENSATORY TIME SECTION 4.05
• SPECIAL -CERTIFICATION PAY SECTION 4.06
• INTERIM -STEP-UP PAY SECTION 4.07
• RAISES SECTION 4.08
• CLASSIFICATIONS -PAY SECTION 4.09
CHAPTER 5 - BENEFITS
• LONGEVITY SECTION 5.00
• HOLIDAYS SECTION 5.01
• VACATION SECTION 5.02
• SICK LEAVE SECTION 5.03
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• COURT APPEARANCES SECTION 5.04
• AMERICANS WITH DISABILITIES ACT (ADAAA) SECTION 5.05
• FAMILY MEDICAL LEAVE (FML) SECTION 5.06
• CATASTROPHIC LEAVE SECTION 5.07
• MILITARY LEAVE SECTION 5.08
• BEREAVEMENT LEAVE SECTION 5.09
• GROUP HEALTH -LIFE AND OTHER BENEFITS SECTION 5.10
• EMPLOYEE EDUCATION ASSISTANCE SECTION 5.11
CHAPTER 6 - RISK MANAGEMENT
• MOTOR VEHICLE ACCIDENTS SECTION 6.00
• ON THE JOB INJURY -WORKERS COMPENSATION SECTION 6.01
• DRIVING RECORD CHECKS SECTION 6.02
• GENERAL SAFETY POLICIES SECTION 6.03
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 1 - General Provisions
1.00 — Purpose
The purpose of the City of Pearland's (City) Employee Manual is to provide for a consistent and
equitable system of personnel management for the City. While these rules constitute a statement
of policies and procedures, they are not intended to be all-inclusive and cover every conceivable
personnel situation that might arise. Circumstances of any particular case or matter may warrant
a deviation or exception in the application of these policies; where such circumstances justify an
exception, the City Manager, or his designee, may do so. Considerable latitude shall be given to
the City Manager, Assistant City Managers, Department Directors, Division Managers, and
Superintendents for administration of these policies within the framework outlined in this
manual.
This policy is not an employment contract and nothing in this manual is intended to change or
modify the "at -will" (see Section 1.06 Employment at Will) status of City employees or to create
or confer any property rights or expectation of continued employment to any employee. The City
is an at -will employer.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 1 - General Provisions
1.01 — Authority
With the exception of matters reserved to City Council by statute, charter, or ordinance, the
general and final authority for conduct of employees is vested to the City Manager. The City
Council appoints a City Manager to administer the day-to-day operations of the City
government, including the power to approve and administer personnel policies and to delegate
the administration of these policies to the Director of Human Resources. No City employee, or
representative of the City, has any authority to enter into any agreement for employment for any
specified period of time, or to make any agreement contrary to this manual. Final authority, in
the form of review and approval, resides with the City Manager with regards to all matters and
subjects covered by these regulations, unless specifically delegated.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 1 - General Provisions
1.02 — Scope
These policies apply to and govern all employees of the City, except where state or federal law
preempts the application of these policies or where there are provisions to the contrary in state or
federal law.
These policies supersede all existing personnel policies and are effective and binding on all
employees regardless of hire date. Continued employment with the City following adoption of
these policies constitutes conclusive acceptance of the terms of the policies. This manual is not
an employment contract and nothing in this manual is intended to change or modify the at -will
status of City employees or to create or confer any property rights or expectations of continued
employment to any employee.
The failure of the City to follow or comply with any provision of these policies shall not
constitute grounds for nor form the basis of any action or cause of action, either civil or criminal,
arising from employment with the City. The City reserves the right to change the provisions of
these personnel policies and procedures at any time.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 1 - General Provisions
1.03 — Amendments
The City may change or amend these rules to the extent deemed necessary to more effectively
promote the interests of the City. Any new policies issued supersede these policies and are fully
binding on all employees. Continued employment with the City constitutes acceptance of any
such amended policy. Such new policies will, upon adoption, be set forth in writing and
distributed to and/or made available to all employees.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 1 - General Provisions
1.04 — Core Beliefs
In an ongoing effort to guide growth while meeting the needs of its citizens, the City pledges the
following Core Beliefs:
The City of Pearland is the innovative leader for
delivery of quality services.
We are:
Responsive
We anticipate and respond to the real and perceived
needs of citizens.
Results -Oriented
We have a clear focus on solving problems.
Trust -Builders
We develop and maintain the trust of those we serve
and those who serve with us.
Accountable
We demonstrate a clear commitment to these
principles through our actions.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 1 - General Provisions
1.05 — Definitions
Reference to any person in these policies by use of the masculine/feminine gender is for
purposes of grammatical clarity only, and shall not be construed to exclude either gender. Any
provision contained herein that is found or determined to be illegal, incorrect, or inapplicable
shall not affect the validity of the remaining contents. Unless the context in which the word is
used clearly indicates otherwise, the words and terms used in these policies shall have the
meaning indicated as follows:
ADDRESS means the street and number, city, state and zip code of a location and/or the post
office box mailing address, if applicable.
ADMINISTRATIVE LEAVE means an authorized absence with pay with Department
Director or Division Manager approval.
ANNIVERSARY DATE means the month and date at which one (1) year, or additional
years of employment with the City, is attained by a regular full-time or part-time employee.
If an employee changes from part-time to full-time status, then the anniversary date is
changed to reflect the date the employee begins full-time status.
BASE PAY means an employee's hourly salary excluding longevity pay, incentive pay,
premium pay, overtime pay and any other additional compensation.
CALLBACK TIME means time when the City requires an employee to return to work on
an unscheduled or emergency basis to work outside of the employee's regularly scheduled
work hours.
CHILD A biological, adopted or foster child, a stepchild, a legal ward, or a child of a person
standing in loco parentis (in place of a parent). The child must be under 18 years old, or 18 or
older and incapable of self-care because of mental or physical disability.
CITY means the City of Pearland.
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CITY VEHICLE means any vehicle designed to carry a driver and/or passengers for the
conduct of City business. This shall include privately owned/leased vehicles operated for the
conduct of City business, and shall include motorized equipment such as a tractor, loaders,
etc.
CITY WORK SITE means (1) any City building or other real property owned, leased, or
otherwise controlled by the City; (2) any location at which a City employee is assigned to
work; and (3) any vehicle or other equipment owned, leased, or otherwise controlled by the
City.
CIVIL SERVICE is the body of law governing employees under Chapter 143 of the Texas
Local Government Code.
COMPENSATORY TIME is an accrued amount of time that a non-exempt employee can
take for overtime in lieu of cash.
CONTRACT EMPLOYEE means an employee who has contracted with the City to
perform a specific task at a set rate of compensation. This employee usually works their own
hours, utilizing their own equipment, and the job is temporary and not regular in nature.
CONTROLLED SUBSTANCE means any drug or controlled substance for which the
manufacture, distribution, possession, sale, or consumption is illegal, or a prescribed or over-
the-counter drug which is legally obtained but not being used for its intended purpose, or a
prescribed or over-the-counter substance which is legally obtained and used for its intended
purpose but the use of which causes the employee to be impaired or in an unfit condition.
The definition of controlled substance shall include, but is not limited to, all controlled
substances, drugs, chemical precursors, simulated controlled substances, volatile chemicals,
abused glues, aerosol paints, and marijuana as those terms are now or shall hereafter be
defined in Title 6, Chapters 481-485 of the Texas Health and Safety Code, or any successor
code thereto.
DECISION-MAKING LEAVE is one (1) day, with pay. During that time the employee
must decide whether they want to continue working for the City and affirm their decision to
remain with the City and present a proposed performance improvement plan to their
supervisor.
DEPARTMENT means a major functional unit of City government.
DEPARTMENT DIRECTOR means any person, appointed by the City Manager with
approval of City Council, who is responsible for the administration of a department as
identified on the City organizational chart.
DIVISION is a functional unit of a department as identified on the City organization chart.
DIVISION MANAGER means any person appointed by a Department Director, Assistant
City Manager, or City Manager who is responsible for the administration of a division, as
identified on the City organizational chart.
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DRIVERS LICENSE means the permit issued by the State of Texas allowing an individual
to operate vehicles within the state.
ELECTION includes primary, special, and general elections.
EMPLOYEE means any person employed and paid a salary or wage by the City, and
includes a person employed on a full-time, part-time, seasonal, or temporary basis, but does
not include an independent contractor, contract employee, volunteer, member of an appointed
board or commission, or member of the City Council.
EXEMPT EMPLOYEE means any management, supervisory, professional, or
administrative employee whose position meets specific tests established by the Fair Labor
Standards Act and state law and are exempt from overtime pay requirements.
FAIR LABOR STANDARDS ACT The Fair Labor Standards Act of 1938 (29U.S.C.A. §
201 et seq.) was federal legislation enacted in 1938 by Congress, pursuant to its power under
the Commerce Clause, that mandated a minimum wage and maximum 40 -hour work week
for employees of those businesses engaged in interstate commerce.
FITNESS FOR DUTY means the ability of an employee to perform the essential functions
of their position.
FULL-TIME EMPLOYEE means any employee regularly scheduled to work forty (40)
hours or more per workweek in an authorized, budgeted position.
GIFT/GRATUITY means a present or promised payment, loan, subscription, advance,
deposit of money, service, goods, merchandise, ticket, cash, tangible or intangible benefit,
gifts, favor, entertainment, discount, pass, transportation, accommodation, hospitality or
other benefit.
GRADE means a division of a salary and classification schedule with specified rates and/or
ranges of pay into which a job or position is classified according to factors outlined in the
City's Job Assessment Tool or any other instrument currently utilized in the classification
process.
GROSS MISCONDUCT Acts of gross misconduct that are intentional, wanton, willful,
deliberate, reckless, or in deliberate indifference to the City's interest or known standard.
HEALTH CARE PROVIDER A doctor of medicine or osteopathy, podiatrist, dentist,
clinical psychologist, optometrist, chiropractor, nurse practitioner and nurse midwife, and
Christian Science practitioner.
JOB means a collection of tasks, duties and responsibilities regularly assigned to and
performed by an individual or individuals.
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JOB CLASSIFICATION means all positions, regardless of departmental location, that are
sufficiently alike in duties and responsibilities to:
1. Be referred by the same descriptive title;
2. Be accorded the same pay scale under like conditions; and/or
3. Require substantially the same education, experience, and skills.
MANUAL means these personnel policies.
MEDICAL REVIEW OFFICER (M.R.O.) means a licensed physician with knowledge of
substance abuse disorders and training to interpret and evaluate confirmed positive test
results, who is responsible for receiving laboratory results generated by the City's Drug and
Alcohol Program.
MERIT means character or conduct deserving reward, honor, or esteem.
MILITARY LEAVE means any authorized absence of an employee for active or reserve
duty or training in the United States Armed Forces.
MODIFIED DUTY ASSIGNMENTS means temporary work assignment for those
employees injured on the job.
MONTH means one (1) calendar month.
MOTOR VEHICLE ACCIDENT means an incident involving a motor vehicle in which
there is a collision and/or contact.
NON-EXEMPT EMPLOYEE means any employee whose position does not meet Fair
Labor Standards Act exemption tests and who is eligible for overtime compensation.
NONPARTISAN ELECTION is an election at which none of the candidates are to be
nominated or elected as representing a political party, any of whose candidates for
presidential election received votes in the last preceding elections at which presidential
electors were selected; and/or an election involving a question or issue which is not
specifically identified with a political party, such as a constitutional amendment, referendum,
approval of a municipal ordinance or any question or issue of similar character. This includes
City Council elections of the City.
ON-CALL means the time spent by employees, usually off working premises, in their own
pursuits, where the employee must remain available to be called back in to work on short
notice if the need arises. This is not considered time worked and is not compensable.
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OVERTIME is defined as those hours worked by non-exempt employees during any Fair
Labor Standards Act -defined workweek.
PARENT means the biological or adoptive parent of an employee or an individual who
stood in loco parentis to any employee when the employee was a son or daughter, but not a
parent "in-law."
PARTISAN ELECTION is an election at which any of the candidates are to be nominated
or elected as representing a political party, any of whose candidates for presidential elector
received votes in the last preceding elections at which presidential electors were elected;
and/or an election involving a question or issue which is specifically identified with a
political party, such as a constitutional amendment or referendum.
PART-TIME EMPLOYEE means any employee regularly scheduled to work less than 40
hours per workweek in an authorized, budgeted position, typically less than 1,000 hours per
fiscal year.
PAY PERIOD means a fourteen (14) day work cycle. For Fire shift personnel it means a
fifteen (15) day work cycle.
PHYSICIAN OR LICENSED PHYSICIAN means any physician licensed by the Texas
State Board of Medical Examiners.
POLICY is a plan or course of action of a government or business designed to influence and
determine decisions and actions; a course of action, guiding principle, or procedure
considered to be expedient, prudent, or advantageous.
POLITICAL PARTY is a national or state political party or an affiliated organization of
such.
POLITICAL PURPOSES OR ACTIVITIES are activities conducted in the furtherance of
elections and/or of legislative or executive actions by a governmental body.
POSITION DATE is the initial date the employee was appointed in their current position or
rank.
REASONABLE SUSPICION means the belief that an employee has violated the alcohol or
drug prohibitions, based on specific, contemporaneous observations concerning the
appearance, behavior, speech, or odors of the employee.
REDUCTION IN FORCE means a separation from City service due to a shortage of funds
or materials, elimination of a position, or other reasons beyond the control of an employer
and not reflecting discredit upon the employee.
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REGULAR EMPLOYEE means an employee who is either full-time or part-time and who
has satisfactorily completed their new hire probation. This does not include seasonal and
temporary employees.
RESIDENCE means the actual place where the employee lives.
RETIREMENT DATE means the day an eligible employee officially separates from City
employment and becomes entitled to receive retirement benefits.
SEASONAL EMPLOYEE means any employee hired to fill a position for a period of less
than six (6) months, usually during the summer months; May through September, and
regardless of the number of hours worked per week, will not exceed 999 hours in a fiscal
year. Seasonal employees are not eligible for any City benefits, are paid on an hourly basis,
and are not eligible for over time pay.
SECONDARY EMPLOYMENT means any business, trade, occupation, or profession
performed by a City employee for any entity other than the City, including self-employment.
SEPARATION means a voluntary resignation of employment with the City.
SERIOUS HEALTH CONDITION means an illness, injury, impairment, or physical or
mental condition involving inpatient care or continuing treatment by a health care provider.
Defined by the Family and Medical Leave Act this is any condition that involves:
1. any period of incapacity or treatment in connection with or consequent to in-patient
care in a hospital, hospice, or a residential medical care facility; or
2. any period of incapacity requiring absence from work, school, or other daily
activities, of more than three (3) calendar days, that also involves continuing
treatment by a health care provider; or
3. continuing treatment by a health care provider for a chronic or long-term health
condition that is incurable or so serious that, if not treated, would likely result in a
period of incapacity of more than three (3) calendar days; or
4. prenatal care.
STEP-UP PAY means pay received when an employee must perform the duties of a higher-
level position. The employee who steps up to the higher-level position will receive "step-up"
pay for the new position if they must perform the duties for four (4) weeks or more. Step-up
pay for fire and police is governed by Chapter 141 of the Texas Local Government Code.
SUPERVISOR means any person, regardless of job title, who is responsible for directing the
work of others.
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SUSPENSION is when an employee is temporarily removed from their position without pay
for a specific time.
TARDY means arriving at the assigned City work site after the appointed work time without
prior approval or not in compliance with division guidelines.
TEMPORARY EMPLOYEE means any employee appointed to any of the following:
1. an assignment of job scheduled to last less than six (6) months;
2. a position funded under a federal employment and training program as a
participant meeting federal eligibility requirements, but not including
administrative or staff positions;
3. a cooperative work-study program with an educational institution;
4. a seasonal position;
5. any assignment of less than a full calendar year even though the assignment may
last more than six (6) months; or
6. a position which, by City policy and practice, is intended to give introductory
work experience to a person preparing for entry into the work force.
TERMINATION means the loss of a job initiated by the employer.
UNAUTHORIZED ABSENCE means any absence for which an employee has not received
approval in advance or an absence that has not been sufficiently approved to the supervisor's
satisfaction.
UNFIT CONDITION/IMPAIRED means the employee's behavior and/or ability to
perform the essential functions of their job duties may be affected by a controlled substance,
alcohol, over-the-counter medication, etc., in any detectable manner.
WAITING PERIOD is defined as the first seven (7) days after an on-the-job injury occurs
and before the temporary income benefits begin.
WEAPON means any instrument specifically designed, made, or adapted for the purpose of
inflicting serious bodily injury or death, including, but not limited to clubs, explosives,
firearms, handguns, illegal knives, crossbows, bows and arrows, throwing stars, zip guns, and
artificial knuckles.
WORK DAY OR WORKING DAY means any one (1) shift during which a division is
open for business or on which an employee is scheduled to work. A workday shall mean an
eight (8) hour period.
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WORKWEEK means a fixed, recurring period as follows:
1. 40 hours per week, this is defined as Saturday 12:00 a.m. to Friday 11:59 p.m. for
regular full-time employees.
2. Certified Fire Department shift personnel will average 56 -work hours per week
and 120 hours over a 15 -day work cycle.
3. A Department Director may alter the workweek period to meet the departmental
needs, if the change does not violate state or federal law.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 1 - General Provisions
1.06 — Employment at Will
All full-time, part-time, seasonal, and temporary employees are employed by the City at -will;
that is, employment may be terminated with or without cause, and with or without notice, at any
time by the employee or by the City. No verbal statement or promises made by anyone at the
time of hire or thereafter contrary to this policy are binding on the City in any manner.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 1 - General Provisions
1.07 — Disclaimer
This manual is a general guide and the provisions of this manual do not constitute an
employment agreement (contract) or a guarantee to continue employment. The City reserves the
right to change the provisions of the manual at any time. Continued employment shall be deemed
acceptance of any and all such changes.
This manual is not an employment contract and nothing in these policies is intended to change or
modify the "at -will" status of City employees. The City is an at -will employer. Any employee
may be discharged or terminated for any reason or no reason, except those prohibited by federal
or state law.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 2 - Employment
2.00 — Equal Employment Opportunity
The City realizes that equal employment opportunities benefit the City and its employees
through the full utilization of all human resources.
The City has and will continue to provide equal employment opportunity to all qualified persons
and reaffirms its commitment that there shall be no discrimination against, or harassment of
applicants or employees because of race, color, sex, religion, national origin, age, disability,
veteran status, genetic information, sexual orientation or any other protected status. The City will
continue to recruit, hire, promote, transfer, take corrective action and make all personnel
decisions, including those related to compensation and benefits, non -discriminately and in
accordance with applicable law. Further, the City will make reasonable accommodations for
applicants and employees with known disabilities who can perform the essential job functions
with or without such accommodations.
The City requires all employees to bring to the City's attention any information regarding any
incident of possible discrimination or harassment so that the matter can be investigated and
appropriate action taken. Any employee who violates the City's policy will be subject to
corrective action and or termination of employment.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 2 - Employment
2.01 — Classification Process
Classification review of a position serves:
1. to review positions in which job responsibilities have changed substantially;
2. to determine whether the position may need to be reassessed or may fit into
another job classification; and/or
3. to classify new positions.
The classification plan was designed to provide the City with a fair market assessment
using comparable entities, both public and private where applicable. Where positions are
unique and are not deemed comparable, internal comparisons can be made to assess
internal equity for an appropriate job classification through the use of compensable
factors.
Requests for review will coincide with the annual budget process to ensure any changes to
personnel costs can be addressed at that time. If unforeseen circumstances arise during the
fiscal year, requests for review will require prior approval from the City Manager's office
before initiating the review.
A. Position Review Process:
1. No classification changes shall be made within a division without first
obtaining Department Director and City Manager approval. Any changes
of this magnitude must be approved before they are made. Any mid -year
changes must be accompanied by a funding plan.
2. The employee(s) shall complete the appropriate reclassification
paperwork and submit it to his/her immediate supervisor, who must
agree with and forward through the appropriate levels of supervision to
the Department Director who also must agree with and approve the
request.
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3 . For new positions, the Supervisor will complete the City -approved job
assessment tool. For current positions, the incumbent will with
supervisor's approval, complete the City -approved job assessment tool.
The information submitted for review must be precise, detailed and up-to-
date. When completing the request, it is important to remember it is the
position being reviewed and not the employee currently in the position.
The changes requested must be applicable to not only the current
employee but must also serve as minimum requirements for future
employees.
4. After review and approval by the appropriate supervisor(s), Division
Manager, and Department Director, the forms will be submitted to the
City Manager's office. If any supervisor or manager does not agree that
the position warrants review, they will list the reason(s) and send it to the
Department Director, who will make the final departmental decision and
ensure the requestor is notified of the outcome.
5. The City Manager, or designee, will review the information and will
decide whether or not Human Resources will conduct the classification
review.
6. The position review will focus on the actual position and job
classification, not the person, personality, or performance.
7. Human Resources will forward a written recommendation to the City
Manager's office for review and disposition. The division/department
will be notified of the outcome.
8. If the recommendation is approved by the City Manager's office, the
appropriate paperwork will be processed by Human Resources.
9. Human Resources will create a job description based on the City -
approved job assessment tool and will send it to the division/department
for review and proper signatures.
There should be a wholesale review of all positions every three (3) years.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 2 - Employment
2.02 — Recruitment
The procedures and selection techniques the departments/divisions shall use to achieve the
City's goal of providing a fair and equal opportunity to all qualified people to enter
employment, and to establish an applicant's eligibility ranking for employment are as
follows:
A. Human Resources will advertise the employment needs of the City with a
view toward non-discrimination and toward obtaining the best qualified
candidates for each vacancy to be filled by recruitment from within or outside
the City service.
B. Each applicant:
1. Shall complete an application form and submit additional information
regarding work history, education, experience, and training if so
requested.
2. May complete a questionnaire and undergo a physical and/or
psychological examination, and additional testing if required.
C. Human Resources may conduct any job-related review including but not
limited to, criminal background checks, driving record checks, and credit
checks. These tests are necessary to determine the applicant's fitness for the
position pursuant to local, state and federal law. Public Safety divisions may
conduct their own background investigations, testing, driving record checks,
and the like.
D. In addition to the above, the City may also use any of the following
examinations:
1. Written examinations shall include a written demonstration of each
applicant's knowledge, skills and abilities in the field for which the test
is being held.
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2. Written examinations, which may include standard tests of mental
alertness, English grammar, mathematics or general studies acuity.
3. Performance tests, as necessary, to determine the ability and manual
skill of each applicant to perform the essential elements of the work
involved. These tests may be competitive or qualifying.
E. Hiring supervisors may interview only those applicants that meet the minimum
qualifications and that successfully follow the process. If, after interviews, it is
their judgment that none of the job applicants are suitable for the vacant
position based on job-related criteria, Human Resources will make additional
applicants available.
F. Once the hiring supervisor makes a selection, Human Resources will close
the position and then run requisite checks and schedule interviews for those
applicants moving forward in the process.
G. Upon completion of interviews, the supervisor completes a Decision to Hire form
and submits it to Human Resources. Human Resources will then conduct
reference checks and once clear extend a conditional offer of employment
contingent upon successful completion of necessary testing.
H. A full-time employee who separates from service with the City for any
reason will not be considered for rehire in a full-time position for a minimum of
12 months unless approved by the City Manager.
I. Persons whose employment has been terminated from the City or who have not
provided a two (2) week resignation notice t o the City will not be considered
for re-employment without City Manager approval.
J. Human Resources shall be notified of anticipated vacancies as far in advance
as is reasonably possible to permit sufficient time for selection of qualified
candidates on an objective basis.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 2 - Employment
2.03 — Working Age
Age limits are indicated in some specifications for various classes of positions on the basis
of a bonafide occupational qualification or statutory requirement.
A. No person under 18 years of age shall be employed in any position requiring the
operation of a motorized vehicle or equipment owned by the City.
B. No person under the age of 16 will be employed in any capacity.
C. When a minor is employed by the City, said minor shall not be permitted to
begin working until the parents or legal guardian of a minor executes a waiver
and release form provided by the City. For these purposes a minor is
classified as a person under 18 years of age.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 2 - Employment
2.04 — Applicant Disqualifications
The Human Resources Department will review all applications for completeness and required
qualifications (degrees, licenses, certificates, and the like). Only those applicants who meet the
required criteria will be considered in the selection process. Depending upon the position
vacancy and qualifications required, internal and external candidates may be considered
concurrently. Although rejection may be based upon causes other than those enumerated below,
the following are declared to be causes for rejection of an application or disqualification of an
applicant:
1. The application is incomplete.
2. The applicant has not met the posted deadline for filing the application.
3. The applicant lacks the minimum qualifications necessary to perform the duties of the
position.
4. The applicant has made a false statement or has omitted a material fact on the
application form or supplemental information.
5. The applicant has committed or attempted to commit a fraudulent act at any stage of
the application/examination process. Applicants guilty of the aforementioned are
prohibited from applying for a position with the City for a minimum of six (6)
months.
6. The applicant is physically or mentally unfit to perform the essential duties of the
position, even with reasonable accommodation.
7. The applicant has been convicted of a crime that could conflict with the duties of the
position for which he/she has applied and/or based on the City's criteria, has an
unacceptable criminal history.
8. All applicants for positions requiring operation of a motor vehicle must meet the
requirements of the City's Vehicle Use Policy.
9. The applicant has an unacceptable credit history.
10. Failure to pass pre-employment drug screen under the City's Drug and Alcohol
Policy and/or any other assessment deemed necessary for the position.
11. Placement of the applicant would violate the City's Nepotism Policy.
12. The applicant was terminated by the City and is not eligible for rehire.
13. Placement of the applicant would violate the City's Age Requirement Policy.
14. The applicant is not in compliance with the Immigration Reform Act of 1986.
Page 1 of 1
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 2 - Employment
2.05 — Nepotism
This policy is enacted to comply with Section 573.062 of the Texas Government Code, as
amended, and with Section 10.08 of the City Charter, as amended, to avoid the perception
of favoritism and cronyism in government through interpersonal relationships and to
prevent conflicts of interest arising as a result of defined relationships between employees
this policy is enacted.
A. Definitions
1. Nepotism - The practice of favoring relatives or others of close association
over others.
2. Relatives - Includes, but is not limited to, the first, second and third degree
of consanguinity (blood) and the first and second degree of affinity
(marriage). Common Law marriages as recognized by the State of Texas
will also be included for purposes of this policy.
a) Consanguinity (Blood)
1) First Degree Father
Mother
Son
Daughter
2) Second Degree Grandfather
Grandmother
Grandson
Granddaughter
Brother
Sister
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3) Third Degree Aunt
Uncle
Niece
Nephew
Great Grandfather
Great Grandmother
Great Grandson
Great Granddaughter
b) Affinity (Marriage)
1) First Degree Spouse
Stepchild (Spouse's son or daughter)
Stepparent
Father-in-law
Mother-in-law
Son-in-law
Daughter-in-law
2) Second Degree Sister-in-law (both employees' and
spouse's)
Brother-in-law (both employees' and
spouse's)
Spouse's Grandson
Spouse's Granddaughter
Spouse's Grandfather
Spouse's Grandmother
3. Roommates - Two (2) or more individuals who share the same residence.
4. Business Unit - The following is a non -exhaustive list of the administrative
units of the City considered to be separate business units. This list may be
amended at any time by the City Manager's office.
a) Administration (City Manager's office)
b) Legal
c) Community Development
d) Engineering and Capital Projects
e) EMS
f) Finance
g) Fire Department
h) Human Resources and Safety Management
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i) Parks and Recreation
j) Police Department
k) Public Works Administration
1) Public Works Fleet Services
m) Public Works Streets and Drainage
n) Public Works Wastewater Treatment
o) Public Works Water Distribution/Wastewater Collection
p) City Secretary
q) Animal Control
r) PEDC
B. Mayor and City Council
No person related within the second degree by affinity (marriage) or the third
degree by consanguinity (blood) to any elected officer of the City or the City
Manager shall be appointed to any paid office or position of the City. This
prohibition shall not apply to any person who shall have been continuously
employed by the City for six (6) months or more prior to and at the time of the
election of the Mayor or members of the City Council or six (6) months prior to
such City Manager's appointment. (See Section 573.062 of the Texas Government
Code which preempts City of Pearland Charter Section 10.08.)
C. General Provisions
Relatives or roommates may not work in the same business unit unless otherwise
specified.
1. Supervision
No City employee will be directly supervised by a relative or roommate on
an ongoing basis.
2. Employees
Employees must disclose to their manager or director when relationships
change thereby creating a case of nepotism as stated above. The matter
must be resolved by transfer, resignation, or termination of employment
within a reasonable period of time not to exceed six (6) months. The
employees involved will be allowed to make the decision as to which
employee will seek a transfer, resign, or be terminated. The employee
transferring will not automatically move into an existing vacancy but rather
must make proper application and be the best qualified candidate for the
position.
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3. Promotions/Transfers
All employees who are being considered for promotion or transfer to
another position must at the time of the promotion or transfer disclose the
names of any relatives or roommates currently working for the City when it
may cause a conflict with this policy. Nondisclosure may result in
corrective action or termination of employment.
In all cases of employment with the City, the City reserves the right to transfer or
reassign any employee at any time with or without cause.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 2 - Employment
2.06 — Probationary Period
Every employee of the City must complete a probationary period.
A. Definitions
1. New Employee Probation — A period of six (6) months following the first date of
employment with the City, except for Civil Service employees whose period of
probation is governed by Chapter 143 of the Local Government Code.
2. Three (3) Month Current Employee Probation - For a regular non -civil service
employee, a period of three (3) months following the date of transfer, demotion,
or promotion, and may apply to reclassification. In the event the employee's job
performance in the new position is unsatisfactory, the employee may be relieved
of duties in that position. The employee may be placed in an available position
for which they are qualified. If no such position is available, the employee's
employment may be terminated.
B. Departments shall use the probationary period to closely observe and evaluate the work
of all newly -hired employees. Departments shall retain only those employees who meet
an acceptable standard of work and behavior. Department Directors may request an
extension but no longer than 30 days.
C. An employee may be dismissed at any time during the probationary period for any reason
or for no stated reason. A new employee failing probation shall have no right of appeal
except on grounds of employment discrimination, or any other violation of state or
federal law.
D. The probationary period shall not preclude the promoted employee from further
promotion within the same department based upon the employee's merit and the needs of
the department.
Page 1 of 1
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 2 - Employment
2.07 — Health and Fitness
A. It is the continuing responsibility of each employee to maintain the standards of physical
and mental health fitness required for performing the essential duties of their position.
1. An employee who becomes aware of a medical or mental condition (including the use
of medication), which may affect their ability to perform the essential duties of the
assigned position, must inform his immediate supervisor.
2. When it is suspected that the health condition of an employee constitutes a hazard to
persons or property, or prevents the employee from effectively performing their
essential job functions and assigned duties, the employee may be required by Human
Resources to submit to a health examination. The employee shall be placed on
Administrative Leave pending results of such examination. Authorization for
disclosure of all reports to the City related to the employee's ability to perform the
job shall be a condition of continued employment with the City.
3. If the physician of an employee certifies that the employee is unable to perform
essential functions of the employee's assigned job duties as a result of the employee's
pregnancy and if a temporary work assignment that the employee may perform is
available in the same office, the supervisor who is responsible for personnel decisions
shall assign the employee to the temporary work assignment. The City will make a
reasonable effort to accommodate the pregnant employee per state law.
B. The City may require an employee to take periodic mental or physical examinations to
maintain continued eligibility for employment in the position classification. Failure to
comply may result in disciplinary action up to and including termination. Authorization
for disclosure of all reports to the City related to the employee's ability to perform the job
shall be a condition of continued employment with the City.
C. Human Resources shall develop, promote and assist departments in implementing those
programs and procedures necessary to maintain the required level of physical and/ or
mental fitness in those departments and/or positions where such fitness is a condition of
employment and job performance. If an employee has been designated disabled by the
requisite physician or health care provider, the City may make reasonable
accommodations so the employee may perform their duties unless such reasonable
accommodations will result in undue hardship on the City. If the employee is unable to
Page 1 of 2
perform the essential duties of the assigned position with or without reasonable
accommodation termination of employment may occur.
Page 2 of 2
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 2 - Employment
2.08 — Transfers/Promotions
A. Types of Transfers
1. Promotion — Assignment of an employee from a position of one classification to a
position in another classification having a higher pay grade.
2. Demotion — Assignment, either voluntary or involuntary, of an employee from a
position in one classification to a position in another classification having a lower pay
grade.
3. Lateral Move — Reassignment to a position of equal grade. The employee's salary
will remain the same.
4. Voluntary Transfer to a Position Not Previously Held — Managerial discretion is
allowed in determining whether an employee's salary is to be lowered but the salary
would not go below minimum or above the maximum of the new grade. Human
Resources is responsible for ensuring that the employee is aware of what the salary
would be prior to or at the time of the job offer. It is not a transfer when an employee
moves to a higher level position, it is a promotion.
5. Voluntary Transfer to a Previously Held Position — Transfer back to a position in a
lower grade previously held would require the salary be decreased to the original rate
of pay prior to the promotion, plus any merit raises received within that time period.
A transfer back to a previous position within the same grade is a lateral move.
6. Interdepartmental Transfer — Transfers between two (2) departments.
7. Intradepartmental Transfer — Transfers within a department.
B. Employees may be transferred between departments provided the following conditions are
met:
1. Negotiations for transfer between departments shall be handled through Human
Resources, including disposition of comp time and holiday leave bank accruals.
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2. Transfers to vacant positions will be considered in instances where better utilization
of skills may be accomplished or improved morale might result.
3. Employees must notify their supervisor prior to making any contact, direct or indirect,
with the prospective director.
4. Employees must meet minimum qualifications for the position for which they are
requesting transfer.
C. Department Directors may authorize a transfer between their divisions without opening the
position internally or externally.
D. Each employee moving from regular full-time employment to part-time employment either
within their own division or transferring to another will be paid their vacation, holiday, sick
and comp time accruals for which they are eligible by the division that paid their full time
wages.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 2 - Employment
2.09 — Off -Duty Employment
While employed by the City, regular full-time employees must notify their supervisor before
accepting additional employment and are subject to certain restrictions as outlined below. In
addition, certain key Department Directors, Division Managers, and technical personnel may be
expected to devote all of their working energies to the performance of their duties at the City,
and, therefore, may not be eligible to accept paid outside positions.
A. The City requires that employees' activities and conduct away from the job must
not compete or conflict with or compromise the City's interest, or adversely affect
job performance and the ability to fulfill all responsibilities to the City. This
requirement, for example, prohibits employees from performing any services for
customers on non -working time that are normally performed by City personnel.
This prohibition also extends to the unauthorized use of any City tools or
equipment and the unauthorized use or application of any confidential
information. In addition, employees are not to solicit or conduct any outside
business during paid working time. Employees who get paid for working for
another public entity, such as a board, should receive prior approval and use
vacation or comp time (or unpaid if not available), if they need to be off of work
from the City and the time away falls within their regular work hours.
B. All full-time employees must obtain prior approval from their supervisor before
any outside employment is undertaken. Employee requests for permission to
accept outside employment, including self-employment, must be submitted in
writing on the designated form to the employee's supervisor. The request must
state any pertinent information about the outside employer, the nature of the job,
and the hours of employment. The supervisor's decision will be final.
C. Employees are cautioned to consider carefully the demands that additional work
activity will create before requesting permission to seek or accept outside
employment. Outside employment will not be considered an excuse for poor job
performance, absenteeism, tardiness, leaving early, refusal to travel, or refusal to
work overtime or different hours. If outside work activity does cause or
contribute to job-related problems, authorization may be revoked. Failure on the
part of an employee to notify the supervisor of any outside employment may
result in disciplinary or corrective action, up to and including termination of
employment.
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D. Employees may not hold outside employment while on family medical leave, sick
leave, disability leave or while receiving worker's compensation benefits unless
expressly authorized in writing in advance by the Department Director or City
Manager.
E. In some cases, employees work for the City on a part-time basis and hold primary
employment elsewhere. In those instances, the employee is expected to comply
with all work rules, policies, and procedures of the City when working at the City.
Page 2 of 2
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 2 - Employment
2.10 — Performance Evaluations/Appraisals
It is the intent of the City 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's goals.
A. Performance appraisals are the means by which employees in the organization
understand and are held accountable for meeting important objectives.
B. Supervisory personnel are to conduct written performance evaluation reviews
monthly but also in the following instances:
• During the new employee's probationary period;
• During the probationary period following a transfer or promotion,
demotion or following an assignment to a new supervisor;
• In conjunction with the employee's position date; and/or
• As part of a performance improvement plan or progress appraisal.
Performance evaluations are an opportunity for supervisors and subordinates to
discuss the employee's past, present, and future performance.
C. An employee who is in need of further development should be placed on a
performance improvement plan (PIP) and be re-evaluated after a designated time
span (to be determined by the supervisor). At that time, if the employee has
improved to an acceptable level, another evaluation is completed and filed with
Human Resources.
D. Information derived from the performance review may be considered when
making decisions affecting training, pay, promotion, transfer, and/or continued
employment.
E. Performance review records are maintained in each employee's personnel file in
Human Resources and/or a performance management system.
Page 1 of 1
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 2 - Employment
2.11 — Separation of Employment
Although the City hopes your employment will be a mutually rewarding experience, it
understands that varying circumstances do cause employees to separate from employment.
Should this time come, the guidelines below regarding notice and exit procedures will be
followed.
A. Resignation
1. Proper Notice
a. Employees may leave City service by submitting a written resignation to
their supervisor ten (10) working days in advance of their last day of
employment.
b. The written resignation shall include the requested effective date of the
resignation, the reason for resigning, and signature of the employee.
c. An employee's resignation is effective in accordance with its terms when
a supervisor, who has authority to hire the employee's replacement,
accepts the resignation.
d. The notice of resignation will be placed in the employee's official
Personnel File located in Human Resources.
e. Employees who resign under this notice and whose documented
performance and employment record meets or exceeds standards will be
eligible for reemployment. Unless otherwise authorized by the City
Manager, failure to provide proper notice of resignation shall prevent re-
employment.
Under certain circumstances, if the Department Director and the Director of
Human Resources feel that it is in the best interest of the City, the ten (10) days
may be waived without it affecting the employee's eligibility for re-employment
status.
2. Withdrawal of Resignation
An employee wishing to request the withdrawal of an accepted resignation shall
submit a written statement to the Department Director outlining the basis for the
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request prior to the effective date. Once a resignation is tendered by the employee
and accepted as provided in this section, it may not be withdrawn unless the
Department Director agrees.
3. Oral Resignations
In instances where only an oral resignation is tendered, the Department Director
shall promptly communicate the facts in writing to the Human Resources
Department for inclusion in the employee's official Personnel File located in
Human Resources.
B. Job Abandonment
An employee voluntarily and irrevocably resigns City employment if the employee:
1. Without prior notice or sufficient cause, fails to return from an approved leave of
absence on the date specified by the employee or the date agreed upon by the City
and employee.
2. Fails to report to work without notice to the City for two (2) consecutive
workdays or shifts without sufficient cause.
Employees who abandon their jobs will not be eligible for rehire. The City Manager may
provide an exception to the employee's eligibility for re-employment.
C. Resignation in Lieu of Pending Disciplinary Action/Termination
A resignation because of pending or possible disciplinary action will be considered as
resignation in lieu of termination. Employees who resign in lieu of pending disciplinary
action will not be eligible for rehire. The City Manager may provide an exception to the
employee's eligibility for re-employment.
D. Retirement
Full-time employees are afforded retirement under the Texas Municipal Retirement
System (TMRS). Eligible employees may retire from City service in accordance with
applicable programs. Retirement with the City is a voluntary separation and employment
is terminated on the effective date of the TMRS retirement.
E. Reduction in Force (Layoffs)
A reduction in force is a non -disciplinary decrease in the number of authorized positions.
Whenever possible, the employee reduction from one department or division may be
absorbed by transfers to suitable positions elsewhere. Such positions will not necessarily
be at the same pay rate or grade.
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1. Basis
The City reserves the right to determine the number and type of personnel
required to maintain the functions of the organization. The following are
illustrative, but not all inclusive, of the basis for a reduction in force:
a. A discontinuation of, or reduction in, demand for service.
b. A change in level or source of funding.
c. Technological developments that reduce staffing requirements.
d. Adjustment for changes caused by economic or staffing efficiency.
e. Privatization of service/contracting out.
f Compliance with state and/or federal laws.
Notice of Layoff
The City Manager through the coordination of the Assistant City Manager(s) and
the Director of Human Resources shall notify Department Directors of any
required expenditure reductions. The Department Director shall recommend to
the City Manager which service and/or position(s) should be reduced/eliminated.
Whenever possible, employees subject to a reduction in force IN ill be given at
least a 45 working day notice of the imminent loss of employment.
3. Selection Standards
In selecting specific employees to be subject to the reduction in force, the primary
concern of the City Manager shall be to maintain the greatest performance,
productivity and operational efficiency in the department/division with the
remaining personnel. Any reduction in force will apply to employees in positions
or categories:
a. Rendered less than essential due to changes in the goals and/or objectives
of the department/division.
b. Least likely to affect the operational efficiency and productivity of the
department/division both in the short and long term.
c. Where retained employees can sustain the quality of work.
d. Least likely to affect the ability of the department/division to perform
activities directly in contact with and for the benefit of the citizens.
e. Where others can most easily absorb the workload in the
department/division, considering both the volume and the level of
experience required in the department's/division's performance.
f. Least involved in revenue producing activities.
g. Not required to maintain specific levels of operations to meet contractual
agreements with other agencies.
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4. Selection Between Two (2) Employees
When a selection is required from among two (2) or more employees in the same
position, classification, or category, the selection will be determined by seniority.
However, a Department Director may request an exemption to allow a more
junior employee to remain while the next senior employee is selected. An
exemption is allowable only for the following reasons:
a. To preserve specialized skills important to the continuing mission of the
department/division.
b. To retain an employee whose overall performance is demonstrably
superior to a more senior employee.
5. Process
a. Before disclosing the names of those subject to the reduction in force, the
Department Director shall submit the names of the selected employees and
required supporting documentation to the Director of Human Resources.
b. The Director of Human Resources shall review the selection under the
standards provided above and under other applicable laws and regulations.
No names will be released until the Director of Human Resources has
completed this review.
c. After review by the Director of Human Resources, the Department
Director shall contact each employee selected and provide an explanation
of the necessity for the reduction in force, the selection process and all
benefits to be provided.
d. An employee subject to the reduction in force shall have the same
procedural appeal steps available for employee grievances. However, no
time extension will be granted in the grievance process that would extend
the final separation date. The sole issue subject to review by the appeal
shall be an alleged improper application of the selection standards
provided for a reduction in force.
e. Former employees, separated by the reduction in force, may apply for all
vacant positions for which they feel qualified, but shall have no right or
preference to these positions.
f. The Director of Human Resources will provide Department Directors with
a list of options and/or benefits available for employees subject to the
reduction in force.
6. Employee Benefits
Employees subject to a reduction in force shall have the following benefits
applicable to them, with the exception of grant -funded employees where the grant
supersedes. Immediately upon notification and before separation, except where a
longer period is specifically provided:
Page 4 of 8
a. They will maintain full salary and current benefits for the period of time
equivalent to 45 working days, which will be considered the separation
period. The employee may be allowed to remain on the job during the
separation period. If the employee obtains other employment before the
end of the separation period, the benefits will cease.
b. During the separation period, the employees affected will be allowed
reasonable time off with pay to interview for other employment
opportunities.
c. During the separation period, the employees affected will be provided
resume preparation, typing and mailing assistance. Letters of references
will be provided when appropriate.
d. The Director of Human Resources will advise the employees of
opportunities for internal transfer for which the employee may be
qualified. Failure to accept an offer of transfer or demotion will remove
the employee from further consideration.
e. Employees separated by a reduction in force shall be paid for accrued
vacation and sick leave balances under the same policies as separation for
any employee in good standing.
F. Termination
1. An employee may be dismissed at any time.
2. In an effort to assist employees, the City prefers that the supervisor/Department
Director consider counseling the employee concerning performance deficiencies,
provide direction for improvement, and give the employee notice that possible
termination of employment is imminent if the performance has not improved
within a defined period of time.
3. In order to ensure adherence to labor laws, the Human Resource and Legal
departments must approve all terminations of employment before they occur.
Documentation shall be prepared by the supervisor/Department Director and shall
include the reason(s) for termination, performance history, corrective efforts
taken, alternatives explored, City policies violated (if applicable) and any
additional pertinent information. Employees separated through termination of
employment are not eligible for rehire except as otherwise required by federal or
state law or by the City Manager and Director of Human Resources.
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G. Incapacity
1. An employee may be separated from employment for incapacity due to medical
reasons arising from illness, injury, or other medical conditions when the
employee, with reasonable accommodation, is unable to perform the essential
functions of the job; or continued employment creates a direct threat to the health
and safety of the employee or others.
2. It is the supervisor's responsibility to know an employee's ability to perform
essential job functions. Should an employee's ability to physically or mentally
perform his or her duties be questioned, the Department Director through the
Director of Human Resources may require the employee to submit to an
evaluation performed by a physician approved by the City. A finding of
incapacity shall be made through an individual job-related medical examination
by the physician. Separation for incapacity will not be considered disciplinary
action.
H. Death
When a City employee dies, separation pay shall be paid to their estate.
L Exit Interviews
1. Each full-time employee departing from City employment is asked to meet with
the Human Resources Department for an exit interview. Exit interviews are used
to analyze employee turnover and to process benefits for employees.
2
Departments must notify Human Resources immediately when employees tender
their resignation. Human Resources will schedule an exit interview and provide
the following forms to the exiting full-time employee:
a. City of Pearland Exit Survey form
b. TMRS Refund Application form (if applicable)
c. Enrollment/Change Request (Health/Dental) (if applicable)
d. A copy of the important notice of eligibility for continuation of group
benefit rates for health coverage under COBRA and the rates for the
current year. (if applicable)
e. Change of Address form, if applicable for last check and W-2 at year-end.
J. Return of City Property/Equipment
Supervisors are responsible for obtaining all City -issued property (e.g., Access cards,
keys, tools, manuals, inclement weather gear, protective gear, uniforms, communication
devices, and the like) that may be in the separated employee's possession or custody and
forward the items to the appropriate departments.
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If any City property is missing or damaged, their value may be deducted from the
separating employee's final paycheck. The Employee Separation Clearance Checklist
shall be completed by the supervisor and must indicate any City property not returned
and the cost of each item.
K. Separation/Termination Pay
1. Full-time employees leaving in good standing may be eligible for vacation, sick
leave, and/or longevity pay as outlined in this policy.
a. 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 in good standing
shall receive pay at separation, retirement, or death, for all unused and
accrued sick leave time earned, not to exceed 720 hours.
b. Regular full-time employees who were hired after July 24, 2006, who
have completed a minimum of one (1) year of continuous service and
leave the employment of the City in good standing shall receive pay at
separation, retirement, or death, for all unused and accrued sick leave, not
to exceed 360 hours.
2. Employees leaving under less than good standing (i.e. termination, or resignation
in lieu of termination) will not be eligible for vacation, sick leave, and/or
longevity pay as outlined in this policy.
3. Any accrued compensatory hours will be cashed out to the employee on the final
paycheck from the City.
4. The separation date for all employees is the last day of actual work or approved
leave. Final pay received by an employee will not be construed to extend
employment with the City beyond the separation date.
5. Employees separating employment on a date other than the normal pay period end
date shall be paid for the number of days employed from the last pay period to
their final working day. The final check will be made available on the next pay
date. Terminating employees will receive their final check within 72 business
hours.
6. An employee must state on the Employee Separation Clearance Checklist how his
or her final paycheck is to be processed. Final paychecks will not be direct
deposited. If no final instructions are given to the Finance Department, the last
paycheck will be mailed to the last known address.
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7. Employees will be advised of their rights under the Consolidated Omnibus
Budget Reconciliation Act (COBRA). This act entitles employees and their
dependents to continue their coverage under the City's health insurance plan — at
their own expense, but at group rates — for up to 18 months after they leave their
employment.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 2 - Employment
2.12 — Re-employment
A. Former Employees
1. Former employees (not retirees) may be rehired into the same classification at the
same rate of pay provided it has been less than one (1) year since they left
employment. However, if a former employee is rehired into a lower position than
the one vacated within the one (1) year period, they shall be paid according to that
job grade and not at the same rate of pay as prior to leaving the City.
2. An employee who resigned from City service and submitted a written notice of
resignation stating the date of departure and the reason for resignation is
considered to be eligible for rehire. The notice of resignation must have been
submitted a minimum of ten (10) business days prior to the effective date.
Employees who are not eligible for rehire will not be re-employed with the City
or as a temporary agency employee unless the Director of Human Resources and
City Manager grants approval.
3. If a former employee is re-employed by the City within three (3) months of their
separation date, they must repay their accrual bank in order to restore vacation,
sick, and longevity accrual rates. If a former employee is re-employed by the City
after three (3) months of their separation date, the new service date will be used,
accruals rates will begin again anew and no accruals will be restored.
B. Retirees
1. City retirees may be rehired into their former City position, in a part-time,
temporary, or seasonal capacity, at their previous rate of pay without going
through the competitive hiring process.
2. If a retiree is rehired into a different position than the one held at retirement, the
retiree may not be paid at the same rate of pay. It will be the responsibility of the
rehired retiree to negotiate the best salary with the hiring supervisor before
accepting re-employment with the City.
Page 1 of 1
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 2 - Employment
2.13 — Complaint/Appeal Procedures
1. Purpose
The City will provide a forum in which employee complaints may be reviewed and
responded to in an expeditious manner. The purpose of this policy is to:
1) Resolve issues between employees and supervisors at the closest supervisory level
possible in the organization.
2) Promote reaching a fair resolution in a climate of objective, factually based thinking.
3) Ensure that those who file complaints are not subject to retaliation, restraint, interference
or discrimination.
4) Establish procedures that are followed with consistency and without interference.
The only reason to bypass the established levels of supervision to resolve the complaint is if
the person at the next level of management is the source of the complaint, or the complaint is
of a sensitive nature and the employee does not believe it would help resolve the complaint
by talking to the supervisor (example: sexual harassment).
Employee complaints that concern alleged violations of state or federal law will be handled
directly by the Human Resources Department.
The requirements of the complaint/appeal procedures shall not preclude the appellant
employee and appropriate supervisory representative from orally discussing and resolving the
complaint at any step.
For the purpose of this policy, "working days" are considered Monday — Friday, 7:30 a.m. to
5:30 p.m.
Page 1 of 5
2. Complaints
A. Complaints are matters other than the following:
1) Terminations of non -probationary employees.
2) Suspension of more than five (5) working days.
3) Demotion.
B. The City will provide a forum in which employee complaints may be reviewed and
responded to in an expeditious manner. This policy provides all employees the
opportunity to disclose concerns and complain about matters that are not appealable or
grievable through other policies. While it is impossible to take corrective action on every
matter, it is the desire of the City to promote a work environment that is both functional
and harmonious.
1) The employee should begin the complaint resolution process by communicating in
writing with their immediate supervisor within five (5) working days of the incident
or from the date the employee first became aware of the incident. The immediate
supervisor, or designee, will respond with an attempt to resolve the complaint in
writing within five (5) working days.
2) If concerns are not resolved to the employee's satisfaction or the supervisor is unable
to resolve the matter, the employee may then address the complaint, in writing, to the
next level of supervision within five (5) working days from the immediate
supervisor's response, if possible. Each successive level of supervision will attempt to
resolve the complaint, responding in writing to the employee within five (5) working
days of their respective receipt of the complaint.
3) If the employee remains unsatisfied with the responses from the various levels of the
supervision, the complaint may be appealed, in writing, to the Department Director/
Division Manager. The Director/Division Manager may conduct an informal
investigation and will render a written decision to the employee within ten (10)
working days of receiving the appeal. The decision of the Department
Director/Division Manager is final.
4) With the exception of the Department Director level, if at any of these levels a
supervisor or manager fails to respond within the specified time, the employee may
proceed to the next supervision level within five (5) working days of the latest date a
response should have been received. An employee who fails to do so within the time
frame will be considered to have dropped the complaint.
3. Appeals
The Appeal process is only for employees who are no longer on new hire probation and only
for actions involving suspensions of more than five (5) working days, demotion that included
a pay decrease, or termination. All unclassified employees 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.
Page 2 of 5
A. Terminations. In the case of termination appeal, Department Directors are responsible for
terminations so there is no need to appeal to the Department Director. Documentation
will go directly to Human Resources for an Appeal Resolution Committee's review.
B. Demotion or Suspension. In the cases of demotion or suspension the procedures below
will be followed.
1) Try to Resolve Appeal with Immediate Supervisor
a) The employee should begin the appeal resolution process by communicating with
their immediate supervisor within five (5) working days of the incident. The
immediate supervisor, or designee, will respond to and attempt to resolve the
appeal in writing within five (5) working days.
b) Appeals and discussions will normally be informal and may be made orally or in
writing depending on the nature of the appeal. The supervisor, in order to
establish the facts or clarify the concern, may request that the employee present
the appeal in writing. The response from the supervisor will be in writing. File an
Oral/Written Appeal with the Department
2) File an Oral/Written complaint with the Department
a) If concerns are not resolved to the employee's satisfaction or the supervisor is
unable to resolve the matter, the employee may then address the appeal to the next
level of supervision within five (5) working days from the immediate supervisor's
response. The appeal must follow the chain -of -command in the department unless
otherwise stated in this policy.
b) The written appeal must contain a statement of the complaint/appeal and the facts,
the allegation of the specific wrongful act and harm done, and a statement of the
remedy or adjustment sought. The appeal will continue through the chain -of -
command until it reaches the Manager/Director. The Manager/Director will have
ten (10) working days to render a decision in writing to the employee. If the
Manager/Director is the employee's immediate supervisor, the complaint will be
forwarded to the supervisor of the manager/director.
c) If at any of these levels a supervisor or manager fails to respond within the
specified time, the employee may proceed to the next supervision level within
five (5) working days of the latest date a response should have been received. An
employee who fails to do so within the time frame will be considered to have
dropped the complaint.
3) File an Appeal Form with Human Resources
a) If the appeal is not resolved after meeting with the Manager/Director, the
employee should complete and turn in a Appeal Form within five (5) working
days to Human Resources. Human Resources will inform the Manager/Director
within five (5) working days that an Appeal Form has been filed and will provide
him/her with a copy of the form.
b) If the appeal, pertaining to a suspension of more than five (5) working days, a
demotion, or termination, is not resolved to the employee's satisfaction by the
Page 3 of 5
Manager/Director, the Appeal Resolution Form will be forwarded to an Appeal
Committee. Human Resources may convene an Appeal Committee within 30
working days and notify all parties in writing of the hearing date.
4) Appeal Committee
a) Members of the Committee will be selected by the Director of Human Resources,
or designee. The Committee will consist of five (5) members with one appointed
by the appellant and the rest by Human Resources. If there is a conflict of interest
with the complainant and a Committee member an alternate will be chosen for the
appeal from an unrelated department. The Human Resources Director or designee
may be in attendance in a facilitation capacity only.
b) Appeal Resolution Committee Meeting
1) The Appeal Committee meetings are private.
2) Human Resources will coordinate a date and place for the meeting.
3) The employee and the department staff:
(i) may prepare additional packets of information. Each side will have ten
(10) days to gather and hand in the inforniation.
(ii) may arrange for witnesses to appear (it is not mandatory for a City
employee to be a witness). All witnesses will be sworn in and remain
outside the room until called to speak.
(iii) will work together to ensure the department's work -site is adequately
staffed while employees participating in the appeal proceedings are
away from their respective work areas.
(iv) will provide a list of all witnesses who will be present to Human
Resources.
c) The employee must notify Human Resources at least five (5) working days prior
to the meeting if they plan to have a representative present. The City Attorney or
designee will represent the department in the matter.
1) Each Committee member, the Department Director, the employee and the City
Manager will receive from Human Resources:
(i)
(ii)
a copy of the appeal.
additional documentation supplied by the employee and the department
to Human Resources.
2) The Chairperson, selected by the committee, and assisted by the other
committee members, will:
(i) Coordinate the proceedings.
(ii) keep the proceedings focused on the appeal;
(iii)determine if witnesses are free to leave or need to remain available for
additional questions.
Page 4 of 5
(iv)determine what materials and topics are admissible to
consider/review/discuss.
(v) prepare a recommendation of the findings to the City Manager or his
designees with enough information to explain the recommendation.
d) The Appeal Resolution Committee may receive relevant testimony from the
appellant or the appellant's representative concerning the appeal. The Appeal
Committee may then receive relevant testimony from the Department Director,
Manager, designee or representative of the department concerning the appeal. The
Appeals Committee may establish preset time limits for the presentations of the
appellant and the department.
e) The Appeal Resolution Committee may call and receive testimony from relevant
witnesses as necessary. The Appeal Committee may call any relevant witness to
offer testimony, although it is not mandatory for a City employee to appear. At no
time will the complainant or the department be responsible for questioning the
witnesses. Departments are encouraged to compensate off-duty employees who
appear and speak before the Appeal Committee.
f) The Appeal Committee will meet and forward a recommendation to the City
Manager or his designee within five (5) working days of the conclusion of the
hearing. The Committee's report will include
g)
1) findings of fact,
2) a statement of the applicable policy, regulation, or rule and
3) the recommended resolution of the matter.
The City Manager or his designee will review the Appeal Resolution Committee
packet and their recommendation and render a decision in writing within ten (10)
working days after receiving the Committee's report unless an extension of time
is required to gather additional information. If an extension of time is required, all
parties will be notified. The decision of the City Manager or designee is final and
cannot be appealed. All parties to the appeal, Human Resources, and the Appeal
Resolution Committee shall receive notice of the decision.
4. Retaliation Prohibited
The City does not tolerate any form of retaliation against employees availing themselves
of this procedure. The procedure should not be construed, however, as preventing,
limiting, or delaying the City from taking disciplinary action against any individual, up to
and including discharge, in circumstances (such as those involving problems of overall
performance, conduct, attitude, or demeanor) where the City deems disciplinary action
appropriate.
Page 5 of 5
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 3 - Conduct
3.00 — Guidelines for Employee Conduct
A. General
1. The purpose of this policy is to implement effective personnel policies that
encourage a productive work environment and set forth guidelines for ethical
behavior. The City and its employees have a responsibility to conduct City
business in an ethical manner, safeguard all assets of the municipality, and
comply with all applicable federal and state laws, the City charter, local rules and
regulations.
2. The City 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 will not
be tolerated.
3. The City expects that employees will conduct themselves in a positive manner in
order to promote the best interests of the City, to accept certain responsibilities,
adhere to acceptable business principles in matter 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 co workers or the City.
B. Prohibited Activities
It is not possible to list all the forms of behavior that are considered unacceptable in the
workplace. The following list provides examples of unacceptable behavior that the City
considers grounds for disciplinary action, up to and including termination of
employment.
• Lying or any act of untruthfulness so as to discredit the City and/or the
department.
• Theft or inappropriate removal or possession of property.
Page 1 of 3
• 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
document.
• Misappropriating property, or theft or conversion of City property whether on or
off duty.
• Found to be using or in possession of intoxicants or drugs while on duty other
than those lawfully prescribed and reported to Human Resources.
• Permanent or chronic physical or mental ailment that renders the employee
incapacitated for the performance of duties.
• Fighting or threatening violence in the workplace; using obscene, profane,
abusive, or threatening language or gestures in the workplace.
• Workplace Bullying, defined as "repeated inappropriate behavior, either direct or
indirect, whether verbal, physical, or otherwise, conducted by one or more
persons against another or others, at the place of work and/or in the course of
employment".
• 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 premises or while on City business.
• Establishing a pattern of excessive absenteeism or tardiness.
• Any absence without notice, including unauthorized absence from the workstation
during workday.
• Violating the City's nondiscrimination, sexual, and/or anti -harassment policies.
• Soliciting or accepting gratuities from customers or vendors.
• Engaging in excessive, unnecessary, or unauthorized use of City supplies,
particularly for personal purposes, including unauthorized use of telephones,
printers, mail system, electronic mail, computers, Internet access or other
employer -owned equipment.
Page 2 of 3
• Smoking where prohibited by local ordinance or City rules.
• Removing from the City premises, material or equipment belonging to the City
without authorization; borrowing articles belonging to another employee,
customer or supplier without consent; stealing, destroying, or defacing City
property, an employee's, or a citizen's property.
• Disregarding, or violating safety or security regulations and/or failure to wear
assigned safety equipment.
• Wearing improper attire or having an inappropriate personal appearance.
• Sleeping on the job without authorization.
• Failure to maintain insurability under automobile policies where required as part
of job duties.
• Failure to maintain and/or achieve required job standards such as certification,
licensing, etc.
• Disclosing, or using for personal gain, information that the City has designated as
confidential concerning City business, its employees, or customers.
• Violation of personnel policies.
• Unsatisfactory performance or conduct.
• There is an accumulation of infractions that when looked at singly, are minor, but
when reviewed together, indicate a pattern of behavior that is unsatisfactory.
• Has committed any other acts or conduct of equal gravity to the reasons
enumerated in this section.
The examples of unacceptable employee conduct described above are not intended to be
an all-inclusive list. At management's discretion, any violation of City policies or when
any conduct, performance, work habits, overall attitude, or demeanor becomes
unsatisfactory in the judgment of the City, employees will be subject to disciplinary
action, up to and including termination of employment.
Page 3 of 3
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 3 - Conduct
3.01 — Ethics
All employees of the City are expected to act in accordance with the highest of ethical standards.
Conducting oneself in such a manner includes adherence to the law, policy and administrative
directives. Employees shall faithfully execute their duties and shall refrain from knowingly
engaging in any outside matters of interest incompatible with the impartial, objective and
effective performance of their duties. All City employees should maintain the utmost standards
of personal integrity, truthfulness and fairness in carrying out their duties, avoiding real or
perceived improprieties in their roles as public servants and never using their positions or power
for personal or professional gain for the employee, a relative or other person living in the same
household.
A. Conflict Of Interest
1. Employees should avoid an actual or perceived conflict of interest. In a
greater effort to avoid such circumstances, no employee will have a
monetary interest in any exchange, purchase, or sale of property goods, or
services with the City outside of the scope of their official position.
2. No employee will represent a group nor appear in front of the City
Council or any other City department, agency, commission or board on a
matter related to their official duties, except in their official capacity. This
policy in no way prohibits an individual from expressing his/her personal
views or opinions as an individual citizen of Pearland in front of the
Council.
3. No employee will represent another individual or group in a court of law
or any other setting when the issue at hand is related to City business in
any way.
4. Employees will avoid any action that could create the appearance of:
a. Using public office for private gain.
b. Giving preferential treatment to any organization or person.
c. Impeding government efficiency or economy.
Page 1 of 4
d. Losing complete independence or impartiality of action.
e. Making a government decision outside of official channels.
f. Public loss of confidence in the integrity of government.
5. Prohibited Activities.
No employee shall:
a. Disclose confidential information or information from closed
records to any person, except as required by the employee's
employment, state statute or court order.
b. Use information obtained in the course of or by reason of his/her
employment with the City for financial gain to the employee or the
employee's spouse; the children, parents, siblings, aunts, uncles,
nieces, nephews, grandchildren and grandparents of the employee
or the employee's spouse; or any business with which the
employee or such relative is associated.
c. Accept any item of value from any person or entity doing business
with the City or having any matter before the City; except that this
provision shall not prohibit employees from accepting items of
nominal value of less than $30.00, nor shall it prohibit employees
from accepting gifts from personal friends or family members for
occasions for which gifts are generally given among such
individuals.
d. Act or fail to act in his/her capacity as a City employee in
exchange for any payment, offer to pay, or promise to pay
anything of value in exchange for such act or failure to act.
e. Act or fail to act in his/her capacity as a City employee in order to
specially benefit the employee or the employee's spouse; the
children, parents, siblings, aunts, uncles, nieces, nephews,
grandchildren and grandparents of the employee or the employee's
spouse; or any business with which the employee or such relative
is associated.
f. Act or fail to act in his/her capacity as a City employee in order to
coerce or extort from another anything of value for the employee
or the employee's spouse; the children, parents, siblings, aunts,
uncles, nieces, nephews, grandchildren and grandparents of the
employee or the employee's spouse, or any business with which
the employee or such relative is associated.
Page 2 of 4
B. Gifts and Gratuities
Vendor Relations — Gifts of any type should never be accepted by any employees
or relative involved in a bid, proposal, or contract during the bid process.
1) Prohibited gifts — Acceptance of trips, money, sports tickets, and merchandise
of value in excess of $30.00, personal services, or work to be provided by City
suppliers, and offers of future employment from City suppliers, or any similar
gift is prohibited.
2) Acceptable gifts — Gifts that would not ordinarily be interpreted as affecting
an employee's impartiality such as an occasional business lunch, potted
plants, flowers, boxes of candy or other food for office personnel, advertising
office supplies such as pencils, calendars, or pens and other token gifts of
small value are not prohibited.
3) Vendor lunches — Lunches are often a convenient time for meeting with
vendors. Repeated lunches that are paid for by the vendor should be avoided
and the employee may want to consider having the City pay for their or both
lunches, assuming there are available budget funds.
4) Vendor sponsored training — Attending vendor sponsored training including
incidental lunches or refreshments are appropriate if it helps the employee do
their job more effectively. The City, as part of a department's training budget,
should generally pay travel and lodging costs for out-of-town training unless it
is part of a contract or bid award. If the vendor pays travel costs, the
employee should carefully consider that the location of the training and the
length of the stay do not create an appearance of personal benefit and/or
favoritism to the vendor.
When in doubt, as to the appropriate course of action, employees should ask their
supervisor.
C. Whistleblower Reports
1. A whistleblower is defined as an employee who, in good faith, reports a
violation of law to an appropriate law enforcement authority. Law means
a state or federal statute, City ordinance, or a rule adopted under a statute
or ordinance. An appropriate law enforcement authority is a county, state,
federal, or City official or entity that an employee, in good faith, believes
is authorized to regulate or enforce the law alleged to be violated or to
investigate or prosecute a violation of the law.
A whistleblower is not responsible for investigating the activity or for
determining fault or corrective measures.
Page 3 of 4
2. If an employee has knowledge of violations of the law by the City or other
employees, the employee shall immediately report the violation to his
supervisor. If the employee believes that the supervisor is involved in the
violation of the law, the employee must report the violation to the highest
level within his chain of command that he believes is not involved.
Supervisors who receive a whistleblower report shall immediately notify
the City Manager or Assistant City Manager, who will suggest a proposed
solution.
3. The City will not retaliate against a whistleblower. This includes, but is
not limited to, protection from retaliation in the form of an adverse
employment action, such as termination, compensation decreases, or poor
work assignments and threats of physical harm. The protection against
retaliation does not include immunity for the reporting employee's
personal wrongdoing that is alleged and investigated.
An employee who intentionally files a false report of wrongdoing will be
subject to disciplinary action, up to and including termination of
employment.
Employment with the City 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.
Page 4 of 4
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 3 - Conduct
3.02 — Personal Appearance
This policy provides general guidelines for appropriate dress and professional appearance for
employees in order to promote a positive, professional work environment and to further enhance
the reputation of the City, our employees, and our work in the community.
This policy applies to all City employees whether full-time, part-time, seasonal, temporary or an
intern.
Business casual dress is the foundation of the personal appearance policy. On normal business
days, an employee will at minimum wear business casual attire. The need to dress more formally
in business professional dress shall be based on job assignments and duties. Employees shall be
familiar with this policy and consider their schedules each day when preparing for work.
Employees must maintain a neat, professional appearance. Clothing and footwear shall be clean
and appropriate and shall be in good condition. Business casual is considered to be informal and
relaxed dress for most City employees. Business professional attire is required to present a
professional appearance for meetings, special events, presentations, Council meetings or when
representing the City on special occasions.
For those employees who are issued uniforms, or for whom uniform attire has been established
and approved, the uniform shall be worn during all scheduled work hours for the City. City
uniforms may be worn by public safety employees in connection with outside employment only
when authorized by their Department Director. Wearing a uniform or article of clothing with the
City logo should be limited to City -related activities such as work or City sponsored events.
It will be the supervisor's discretion to assess if employees are dressed appropriately.
Supervisors may establish addendums to this Dress Code policy based upon employee safety,
and the nature and duties of the positions. Employees who violate this policy may be sent home
to change their attire if what they are wearing is inappropriate. Employees who are sent home
will be required to use their accruals (vacation or comp) if available or will not be paid for the
time away from work.
The following provides examples to aid in interpreting this policy. It is for guidance and
informational purposes only and is not all-inclusive or exclusive.
Page 1 of 3
Clothing Item:
Business Professional
Business Casual
Casual Dress
Permitted
Not
Permitted
Permitted
Not
Permitted
Permitted
Not Permitted
Women's
Blouse — Long Sleeve
x
x
x
Blouse — Short Sleeve
x
x
x
Blouse — Sleeveless
With
jacket
only
x
x
Capri/Crop Pants
x
Below the
knee
Below the
knee
Dress — Sleeveless
With
jacket
only
x
x
Dress Pants
x
x
x
Dresses
2" above
knee or
less
2" above
knee or
less
2" above
knee or less
Golf Shirt
x
x
x
Halter Top
x
x
x
Hat
x
Director
discretion
Director
discretion
Jeans
x
x
Black, not
faded, torn
or decorated
Shorts/Skorts (if not part
of uniform)
N
X
x
Skirts
2" above
knee or
less
2" above
knee or
less
2" above
knee or less
Spaghetti Strap Top
With
Jacket
only
With
Jacket
only
With Jacket
only
Strapless Top
With
Jacket
only
With
Jacket
only
With Jacket
only
Suit/skirt or slacks
w/Jacket
x
x
x
Sweater
x
x
x
Sweatshirt/Sweatpants
x
x
Director
Discretion
Tank Top
With
Jacket
only
With
Jacket
only
With Jacket
only
T-shirt with writing
x
x
x
Shoes
Backless Closed -Toed
x
x
x
Backless Open -Toed
x
x
x
Beach Style Flip Flop
x
x
x
Boots
x
x
x
Clogs/Mules
x
x
x
Dress Sandal
x
x
x
Open -Toed
x
x
x
Page 2 of 3
Clothing Item:
Business Professional
Business Casual
Casual Dress
Permitted
permitted
Permitted
permt itted
Permitted
t
Permt itted
Men's
Dress Pants
X
X
X
Golf Shirt
X
X
X
HatX
Director
discretion
Director
discretion
Jeans
X
X
Black, not
faded, torn
or decorated
Khaki Pants
X
X
X
Long Sleeve Dress Shirt
X
X
X
Short Sleeve Dress Shirt
X
X
X
ShortsX
Director
discretion
Direction
discretion
Sport Coat/Blazer
X
X
X
Sweater
X
X
X
Sweatshirt/SweatpantsX
X
Director
Discretion
Tank Top
X
X
X
Tie
X
X
X
T-shirt with Writing
X
X
X
Shoes
Boots
X
X
X
Boat/Deck Shoes
X
X
X
Beach -Style Flip Flop
X
X
X
Clogs/Mules
X
X
X
Dress Shoes
X
X
X
Page 3 of 3
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 3 - Conduct
3.03 — Attendance and Punctuality
It is the policy of the City to require employees to be at their assigned City worksite on time,
ready to pursue business, and to work all scheduled hours and any required overtime.
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 is expected to report for work.
When the supervisor is unavailable, the employee shall notify the next person in line of the
chain -of -command. When an employee knows in advance of an impending absence, he/she must
request permission to be absent from his/her supervisor at least twenty-four (24) hours in
advance. The supervisor will evaluate the reason for the absence and decide whether the
employee may or may not be excused. Compliance with the return to work procedures under the
Sick Leave policy (See Section 5.03) is required.
If the absence has not been requested at least twenty-four (24) hours in advance, an employee
must contact his/her supervisor no later than one (1) hour prior to the beginning of the
employee's scheduled reporting time. The employee should make the call. Calls from friends or
relatives will be acceptable only if the employee is not able to communicate. The reason for the
absence and the date and time the employee expects to return to work must be reported at that
time. The one (1) hour provision may be waived by the supervisor due to extenuating
circumstances.
Unexcused absences include, but are not limited to unauthorized time off, absences not approved
as excused, an employee's failure to call within one (1) hour of regularly scheduled starting time
and unverified sick leave. Unexcused absences are unpaid and subject to disciplinary action.
Any employee who habitually abuses or misuses sick leave and/or has unexcused absences shall
be disciplined appropriately, up to and including termination of employment.
Employees will be compensated during authorized absences in accordance with the policies
contained herein. Failure to notify the City 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 important to follow the policies outlined in this handbook.
Following policy allows the supervisor to plan accordingly. Excessive tardiness and poor
attendance disrupt workflow and will not be tolerated.
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Non-exempt 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 (7) 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". In addition, the seven (7) minute rule is not permission to arrive to work after starting
time or for staying after the shift has ended.
Non-exempt employees who are delayed in reporting for work more than one (1) hour 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 3.02).
Unless authorized by their supervisor, non-exempt employees shall not be 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.
Non-exempt employees that are assigned to office settings must obtain approval from their
supervisor to leave the City 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.
Unauthorized or excessive absences or tardiness will result in disciplinary action, up to and
including termination of employment. An absence is considered to be unauthorized if the
employee has not followed proper notification procedures or the absence has not been properly
approved.
Employees who fail to report to work without notice to the City for two (2) consecutive work
days or shifts without sufficient cause will be considered as having voluntarily resigned (job
abandonment). At that time, the City will formally note the resignation and advise the employee
of the action by mail to the employee's last known address. Failure to report for scheduled
modified duty (except during approved FML absence) will be subject to disciplinary action up to
and including termination of employment.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 3 - Conduct
3.04 — Technology Use
The City provides technology and communications systems to employees. This includes Internet
access and e-mail, as well as any system or part of a system owned or leased by the City that is
used for sending, receiving, or accessing information by electronic means and transported on
wired or wireless networks. Employees are fully responsible for the cost-effective use and care
of these tools.
A. Discussion
1. Communications equipment, as with other City assets and resources, are acquired
with public funds to enable City employees to transact City business in the most
efficient and cost effective method possible and are not intended for
entertainment.
2. Employees should ensure that no personal correspondence appears to be an
official communication of the City. In addition, employees are encouraged to
refrain from using City technology for personal business.
3. Personal use of technology should be held to a minimum. Outgoing messages,
whether by mail, facsimile, e-mail, Internet transmission, or any other means,
should be accurate, appropriate, and work-related.
4. Employees may not use City stationary or postage for personal mail. In addition,
the Department Director/Division Manager must approve all orders for City
stationery and/or business cards.
5. Unless the use is related to the employee's job duties or authorized by a
supervisor, the employee may not use City technology for any of the following
purposes:
a) Sending unsolicited email messages, including the sending of "junk mail" or
other advertising material to individuals who did not specifically request such
material (email spam) or creating or forwarding chain letters.
b) Sending, forwarding, creating, downloading, viewing, storing, or copying e-
mails or information that violates any City policy. Employees who receive
inappropriate e-mails with content not within the City's policies from any City
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employee must report the matter to their supervisor or Human Resources
Department immediately.
c) Surfing Internet websites that are offensive, sexually explicit, abusive,
threatening, or otherwise inappropriate for the workplace.
d) Spending excessive amounts of time on personal e-mail, surfing and using the
Internet, or participating in chat rooms. Excessive use is defined as any use
that could generate additional expense to the City, or decrease customer
service internally or externally, or otherwise lower productivity of
employees.
e) Copying or transmitting any documents, software or other information protected
by copyright laws, without proper authorization by the copyright owner.
Copyright protection applies to any document, photo, software, or information
unless it is specifically marked as public, not copyrighted, or freeware. In the
absence of any specific copyright markings, material or information should be
considered copyright protected.
f) Breaking into any City System or unauthorized use or sharing of a password.
g) Intentionally and maliciously misrepresenting the originator of any type of
electronic information.
h) Installing copies of any software onto City computers, or copying software
from the City's computer to install on any other.
6. Employees are not to use technology to perform unauthorized work outside
regular scheduled times/days. This includes checking/responding to City emails,
making/receiving City phone calls, and the like. Employees working without
prior supervisor approval will be disciplined up to and including termination of
employment.
B. Ownership
All electronic information on the System remains the property of the City and employees
have no right of privacy in the use of the System even if for permitted personal use.
Employees must recognize that it is within the capabilities of the System to recover
previously deleted elements at any time and those recovered elements remain the
property of the City. All costs or expenses associated with personal use of City
technology shall be the financial responsibility of the employee.
C. Network Storage Accountability
Hard drive space on network servers is solely for the use and storage by the City.
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1. Users should periodically review files stored on network servers and delete or
archive them to CD if they are no longer needed or regarded as needed on-line.
Discovery of personal files stored on network servers will result in deletion of the
files in order to recover critical storage space and increase system efficiency.
D. Monitoring
The City reserves the right, with or without notice, at any time and for any reason, to
monitor the use of the System and to access information sent, received or stored. The
Department Director, employee and/or Information Technology division are responsible
for the proper allocation/use of City technology. The City may, at its discretion,
implement measures and methods to block employee access to undesirable areas.
Employees have no expectation of privacy when using the City's technology resources.
E. Public Disclosure
Any information on the System is presumed to be subject to disclosure, upon request, as
public information. Therefore, employees should use discretion in making use of the
System to discuss sensitive matters or matters in litigation. Also, employees who choose
to use their personal devices for City -related purposes should understand that such use
means the device is subject to public disclosure and there is no longer an expectation of
privacy.
F. Passwords
1. Passwords are an important aspect of computer security. Employees must take
every precaution to protect their passwords.
2. If an account or password is suspected to have been compromised, employees
should report the incident to Information Technology and change all passwords.
Any person violating this policy will be subject to disciplinary action, up to and including
termination of employment.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 3 - Conduct
3.05 - Media Relations
It is the intent of the City to establish a policy regarding media relations, including all interaction
with the media and response to media requests for information, in an effort to ensure that City
residents, businesses and visitors are informed about all aspects of City government and receive
accurate information in a timely manner.
The City shall respond to news media questions or inquiries effectively, accurately and quickly
to inform its residents, businesses and visitors. Inquiries from the news media are high priority
and must be responded to by the appropriate person as quickly and efficiently as possible. Every
effort must be made to meet media deadlines and ensure that all information released is accurate.
The Public Affairs division is responsible for the City's media relations, with the exception of
incidents involving the Police department and its employees. In all other instances, the Public
Affairs division will serve as the sole liaison with the media, either by responding to requests for
information or facilitating contact with the appropriate Department Directors or personnel for
response.
A. Media Inquiries
Except for media inquiries involving police incidents, all City employees must notify the
Public Affairs division and the employee's Department Director of all television, radio,
newspaper or other media inquiries they receive and provide the Public Affairs division
with the reporter's name, phone number, subject of the inquiry, deadline and other
relevant information. The Public Affairs division will consult with the City Manager's
office and the Department Director to coordinate a response.
B. Public Records Requests
Requests from the media for public information should be handled promptly and should be
forwarded to the City Secretary's office.
C. Corrections/Commentary
The City has an obligation to help the news media provide accurate information to the
public. Therefore, factual errors should be corrected in an appropriate and timely way.
Commentary, opinion columns and letters to the editor that are written to represent the
City's view regarding operations, policies or City positions should be coordinated with the
Public Affairs division. Individual City employees may express personal opinions, but not
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as representatives of the City unless they have prior approval of the City Manager and the
Public Affairs division. If an employee chooses to identify himself or herself as a City
employee in any personal letter or email to the editor or any other media, he or she must
include language which states that the views set forth in the letter do not represent the
views of the City, but rather, are the employee's personally held opinions. Similar
disclaimers must be given if an employee addresses a public meeting, participates in a
radio talk show, or is interviewed for a radio or television program unless the employee is
officially representing the City.
D. City -Initiated Information
Media contact shall be initiated only by the Public Affairs division, except for inquiries
involving police incidents. This includes contacting reporters and editors, and issuing
press releases and media advisories. Departments seeking publicity for events or activities
should contact the Public Affairs division as early as possible. City employees or
departments shall not initiate news media coverage or arrange for news conferences
without prior approval from the City Manager and consultation with the Public Affairs
division. Media contacts occurring after normal working hours will be handled as early as
possible. If an employee receives an after-hours media call, they should refer them to the
Public Affairs division.
E. Crisis or Emergency Situations
During a crisis or a major emergency (i.e. hurricane, tornado, etc.) the City Emergency
Management Coordinator, in conjunction with the City Manager, will determine whether
and when to activate the City's Emergency Operations Center (EOC). Thereafter, the
City's Public Affairs Manager will coordinate press statements/releases with the City
Manager and the EOC and will be responsible for disseminating information to the public
and the media.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 3 - Conduct
3.06 — Travel and Meetings
It is the intent of the City to establish a policy regulating travel, meetings, entertainment,
personal car mileage, and/or other expenses incurred by City employees who are authorized to
officially represent the City at various conferences, meetings, conventions, seminars, and other
functions.
This policy provides uniform guidelines and procedures for submission and processing of
expenditure requests and ensures proper accounting for approved allowable expenses, including
travel advances, per diem meals and incidentals, City credit card charges, and cash expenditures
made for the purposes herein defined on behalf of the City.
Failure to comply with all of the provisions of this policy may result in disciplinary action up to
and including termination of employment.
A. Responsibilities
1. The Department Directors/Division Managers are responsible for communicating
and administering the provisions of this policy to employees and approving
expenses as legitimate business items. Non-exempt employees are compensated in
accordance with prevailing Wage and Hour Law.
2. The Director of Finance is responsible for the overall administration of
expenditures regarding this policy. Department Directors/Division Managers are
responsible for monitoring the travel and meeting expenses of their employees.
3. The Director of Finance and the Department Directors/Division Managers, as well
as any employee, shall have the responsibility to report any abuse and/or misuse
of travel funds to appropriate management.
B. Expenses
1. Expenses shall consist of the actual costs which a reasonable and prudent person
incurs related to travel and meeting attendance, excluding per diems. All expenses
must be directly related to City business.
2. Employees are expected to be conservative in their expenditures as if they were
paying such costs.
3. The expenses will be rejected if required documentation is not provided. Original,
detailed receipts must be turned in on all reimbursable expenditures, with the
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exception of tips and per diem meals and incidentals. Documentation is a service -
provided name or logo -printed receipt, where available. Expenses incurred not in
accordance with this policy are the responsibility of the employee.
4. Allowable Living Expenses — Actual living expenses, within the specified limits,
may be claimed by all City employees when they are representing the City on
official business that requires an overnight stay away from Pearland. Living
expenses include such items as hotel rooms, tips, parking, ground transportation,
and itemized telephone calls, as outlined:
a. Hotels/Motels. The City will pay actual expenses for hotels, motels, or other
lodging for the actual number of days of the conference or other meeting, plus
allowance for travel time. The City will pay for a single room. Lodging per
night will not exceed actual room cost plus tax and tips.
b. Telephone calls. Employees may claim reimbursement for business telephone
calls. Employees with City -provided cell phones shall use their cell phones
for business calls.
c. Internet Service. Where not provided free, the City will pay reasonable
Internet service costs where the Internet is used for City business.
d. Parking. Employees may claim actual parking expenses.
e. Ground Transportation. Employees may claim reasonable, actual ground
transportation expenses, including shuttle services and taxis.
f. Tips/Gratuities. Tips and gratuities are allowed and are considered reasonable
when paid at the rate of 15% of meal cost and $1.00 per piece of luggage,
except when traveling under per diem.
g. The City will not pay or reimburse registration fees, meals and travel expenses
of spouses or significant others who accompany employees to conferences or
other business related events.
h. The City will not pay or reimburse registration fees, meals and travel
expenses, or cancellation fees or penalties assessed for personal reasons,
unless emergency in nature.
5. Meals — When representing the City on official business that requires an overnight
stay away from Pearland, the Department Director/Division Manager will
determine how meals will be paid. The options are as follows:
a. Credit Cards: If the employee is issued a City credit card and will be using
it to pay for meals while on overnight travel, the employee will be allowed
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to charge the Internal Revenue Service IRS published per diem
(www.gsa.gov/perdiem) per meal for the Houston area, including tip.
(1)
Employees will be reimbursed actual costs, but not to exceed per
diem rates. Detailed, itemized receipts are required for all meals.
(2) Where meals are provided at conferences and included in the
registration fee, reimbursements will not be allowed.
(3)
City employees may find it necessary to pay for the meals of
business associates, including fellow City employees, from time to
time. If this is necessary, the business purpose of the meal should
be stated on the request for payment/reimbursement, along with the
individuals for whom the meal was purchased.
(4) Traveling Day Reimbursement - Reimbursement for meals on
travel days to and from Pearland, for overnight stays, will be
handled as follows:
a. Travel from Pearland. Employee will receive
reimbursement for all meals if departure is at 7:00 a.m. or
earlier; reimbursement for lunch and dinner if departure is
between 7:00 a.m. and 1:00 p.m.; and reimbursement for
dinner only if departure is after 1:00 p.m.
b. Returning to Pearland. Employee will receive
reimbursement for all meals if return is after 7:00 p.m.;
reimbursement for lunch and breakfast if returning after
1:00 p.m.; and reimbursement for breakfast only if
returning prior to 1:00 p.m.
c. Travel to some cities with an unusually high cost of living,
such as New York City, San Francisco, etc. may be
required. During these times, the supervisor may permit
reimbursement of meal expenses above and beyond the
limits set in this policy. In no case should reimbursement
exceed the guidelines set by the IRS for allowable meal
expenses for those cities and the employee remains
obligated to be prudent and reasonable in the employee's
meal expenses. Texas and its surrounding states are not
included in this provision. Receipts must be submitted.
b. Per Diem: Will be based on the IRS allowable rate per day for the city to
which the employee will travel, if the department chooses this option.
(1) If traveling outside of Texas, the current IRS per diem rate for the
City must be attached to the check request submitted to Finance
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prior to receiving payment. This information can be found on IRS
Publication #1542, the IRS web site or the GSA.gov web site.
(2) No receipts for meals purchased with per diem will be required or
accepted.
(3)
When traveling using per diem, no meals may be purchased using
a City credit card.
(4) In order to pro -rate the per diem to account for partial travel days
(see Travel Day Reimbursement under the credit card option), the
following formula will be utilized:
(5)
Breakfast — 20%
Lunch — 30%
Dinner — 50%
The per diem request should be prepared on a Travel Advance/
Expense Report with all pertinent information, approved by the
Department Director/Division Manager and submitted at the
earliest practical time, but preferably no later than seven (7) full
working days prior to departure. The Finance Department will
issue the traveling employee a check for the amount of the per
diem meals.
(6) In instances where a per diem advance was made and the trip was
not taken, the employee shall return the funds to the Finance
Department for credit to the proper fund.
6. Other Living Expenses — The cost of alcoholic beverages, laundry/dry cleaning,
in -room movies, personal tours, fitness center fees, personal entertainment, and
spouse or other family expenses are specifically excluded from reimbursement.
7. Transportation Expenses
Employees will utilize the most economical form of transportation available.
When submitting reports, employees will submit the completed comparison of the
available modes of transportation for review.
a. Other Transportation. When requesting air transportation, the employee
shall request the least expensive flight status. The employee may choose to
travel first-class, but the City will pay only for coach class.
Accommodations must be booked in a timely manner to ensure coach
class is available.
b. Vehicle Transportation. The employee may use their personal funds,
keeping receipts for reimbursement; the employee may seek an advance;
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or the employee may use the City credit card. An employee may also use a
personal car for City travel. Actual mileage is calculated in miles from the
work site or residence, depending on where leaving from, to the
destination. Any other mileage is considered as part of the normal
commute to work. The City will reimburse the lesser of (1) actual mileage
to and from the destination multiplied by the current rate per mile as
determined by the IRS; or (2) the round trip cost of the most reasonable
alternative conveyance, e.g. airfare, that would be spent for each employee
traveling to the destination in the vehicle. Employees receiving car
allowances are reimbursed at a reduced rate for mileage in excess of 200
miles. The rate is 30% of the IRS allowable rate.
c. Rental Cars. Employees shall sign and accept the liability/collision
insurance agreement on the contract. Failure to accept this additional
insurance will constitute agreement by the employee to be responsible to
the service provider, third parties, or the City (at the City's discretion) in
accidents for which the employee is determined to have acted negligently.
d. City Vehicles. City vehicles may be used at the discretion of the
Department Director/Division Manager when costs are not in excess of the
costs of airfare and site transportation combined or when air transport is
not available or is impractical. Direct expenses, such as gasoline and oil,
associated with the use of a City vehicle will be reimbursed with receipts.
C. Expense Reports
1. A Travel Advance/Expense Report will be required for any cash advance, per
diem or credit card purchases for all allowable living expenses as stated in this
policy.
2. When it becomes necessary that an employee travel in the interest of the City, the
Department Director/Division Manager may request a travel advance. This
request may be made on the Travel Advance/Expense Report and should contain
the name of the prospective traveler, purpose of the trip, date(s), and other
pertinent information. This request should be prepared and submitted at the
earliest practical time, but preferably no later than seven (7) full working days
prior to departure.
3. The Department Director's/Division Manager's request for travel advances
require prior approval by the City Manager's office. Others require prior approval
of their Department Director/Division Manager. If approved, the request will be
sent directly to the Finance Department no later than seven (7) days prior to
departure.
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D. Filing Expense Reports — Complete Travel Advance/Expense Report promptly. Upon
return from travel, the employee shall promptly complete a Travel Advance/Expense
Report for approval by the Department Director/Division Manager or designee and shall
submit the completed Travel Advance/Expense Report to the Finance Department within
ten (10) working days. Employees shall include all prepaid expenses (registration, airfare,
etc.) related to travel on the Travel Advance/Expense Report. Submit to Department
Director/Division Manager for approval. The director/division manager or designee shall
review, sign, and submit the Travel Advance/Expense Report to the Finance Department.
When payment or documentation is not received within the required time allowances, the
Finance Department will discontinue any advances to that employee. The Department
Director/Division Manager is also responsible for ensuring that all Travel
Advance/Expense Reports are completed in accordance with this policy. Executive level
employees shall submit their Travel Advance/Expense Reports directly to the City
Manager's Office. The City Manager's Office shall forward Travel Advance/Expense
Reports to the Finance Department after review and approval.
1. Return of Unused Funds - The Finance Department shall ensure that the returned
monies are credited to the same division and line item account from which they
were originally drawn. Returned funds are due to the City by the due date of the
Travel Advance/Expense Report.
2. Finance Department Review - The Finance Department shall review the items
submitted and determine their mathematical accuracy and the allowable expenses
under this policy. When a review verifies the accuracy of the Travel
Advance/Expense Report and a reimbursement is due the employee, the Finance
Department will issue a check or direct deposit to the employee based on the
approved report.
E. Paid Time
1. Attendance at lectures, meetings, training programs and similar activities need
NOT be counted as working time only if four (4) criteria are met, namely
a. it is outside normal hours;
b. it is voluntary;
c. it is not job related; and
d. there is no other work that is concurrently performed.
2. Travel that keeps an employee away from home overnight is travel away from
home. Travel away from home is clearly work time when it cuts across the
employee's workday. The time is not only hours worked on regular working days
during normal working hours but also during corresponding hours on non-
working days. Time that is NOT considered work time is that time spent in travel
away from home outside of regular working hours as a passenger on an airplane,
train, boat, bus or automobile.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 3 - Conduct
3.07 — Use of City Vehicles and Property
The City shall provide employees adequate tools, equipment, facilities, and vehicles, when the
employee's job requires the use of such. The City requires all employees to observe safe work
practices and lawful, careful, and courteous operation of vehicles and equipment.
The City will not hire an individual in violation of the City's driving record policy, if that
individual's job would require them to drive City-owned/leased vehicles/equipment. An
employee in a position that requires them to drive a City-owned/leased vehicle/equipment must
maintain an acceptable driving record.
A. City Take Home Vehicles
1. Definitions
a. City Vehicle is any vehicle owned, rented or leased by the City.
b. De Minimis means a minimal amount of personal use of City -owned
vehicles, as defined by the Internal Revenue Service (IRS) regulations.
c. Marked Vehicle is a City -owned vehicle which is clearly identified for use
in City operations and business.
d. Take Horne Vehicle is a City -owned vehicle which is assigned to a specific
position with take-home responsibilities.
e. Unmarked Vehicle is a City -owned vehicle which is not easily identified
as used by a City employee. Examples of such vehicles would be those
used in fire and police criminal investigation and detective personnel.
f. Vehicle is any self-propelled equipment, trailer or trailer -mounted
equipment, which is towed by a self-propelled piece of equipment, which
may be marked or unmarked with City identification, and/or licensed for
use on public roadways.
Assignment of Take Home Vehicle
A take home vehicle may be assigned by the City Manager to positions for any of
the following reasons:
a. When taking home a City -owned vehicle serves a valid public purpose.
b. When the employee responds to frequent emergency calls from home or is
on call-back or standby status.
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c. When the responsibilities of the position require that the person be
available to respond to situations with the necessary specialized equipment
and/or skill that requires the City vehicle for transportation.
The assignment of a City vehicle belongs with the position and NOT with the
individual employee.
3. Take Home Vehicle Authorization
The assignment of City take home vehicles to positions shall require the approval,
in writing, of the City Manager. If a vehicle is assigned pursuant to this policy,
only the employee who was granted approval is authorized to operate the vehicle.
The following criteria will measure an employee's need for a take home vehicle:
a. All employees that take City vehicles home must live within twelve (12)
vehicular miles or less of the job site where the employee is stationed for
the purposes of responding to emergencies. Exceptions to this rule will be
granted at the discretion of the City Manager. Continued take home
vehicle authorization will be based on the number of actual back to work
trips made. If the number of after-hours back to work trips is low, take
home authorization may be discontinued.
b. Positions that utilize take home vehicles will be reviewed on an annual
basis and will require authorization by the Department Director and/or the
City Manager.
c. The City reserves the right to review the continuing need for any vehicle
assignment and withdraw or reassign such vehicle at any time.
d. City vehicle usage will not be negotiated as part of an employment
package without prior approval from the City Manager.
4. Use of Take Home Vehicles
Authorized personnel who utilize take home City vehicles will adhere to good
stewardship practices and common sense pertaining to responsible use of the
vehicles. Employees who use take home vehicles must adhere to the following
general rules:
a. Employees are prohibited from transporting non -City business related
persons in any City take home vehicle (i.e. spouses and children) unless
prior approval is received on a per incident basis (Ex. If the employee is
attending a conference out of town and taking their spouse, they may take
their personal vehicle and the City will pay the employee's mileage.). In
order to minimize potential theft or damage of property, take home cars
should be parked in a drive -way, not on the street.
b. In no case shall a City vehicle be used in the conduct of purchasing,
transporting, or consumption of alcohol, unless in the course of any
investigation that involves alcohol.
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c. Smoking/tobacco use of any kind is not allowed in City vehicles.
d. Aside from providing services and conducting business, take home
vehicles may be used for commuting and de minimus personal errands
during workdays, pursuant to IRS regulations. An employee may utilize
their vehicle for lunch and/or break time purposes during workdays as
long as it is within reasonable distance from the employee's place of work
that day. These regulations may be amended by the IRS from time to
time.
The IRS considers personal use of an employer's vehicle, which includes the
commute between home and workplace, to be a taxable fringe benefit. The only
definite exceptions to this rule are clearly marked police or fire vehicles,
unmarked police cars (if they meet certain requirements), ambulances, and certain
Large trucks. In order to comply with IRS regulations, any City employee who
drives a City -owned vehicle to and from his home, either on a regular basis or
sporadically, must report his mileage to Finance on a monthly basis, on an official
form designed by the Finance Department. An employee has one (1) of two (2)
options for compliance:
i. Pay the City an amount determined by the IRS (i.e. $3.00 per day)
through payroll deduction for the vehicle commute, or
ii. The deduction amount will be added to the employee's W-2 for
taxable wages.
The IRS valuation for a commute to and from work is subject to change; however,
an employee who is authorized by the City Manager to operate a City vehicle for
personal usage beyond the commute to and from work shall report on the official
form (designed by the Finance Department) their exact mileage for personal
usage. In the absence of documentation, a determination may be made by the
Director of Finance to consider all usage as personal and include the value (as
determined by IRS valuation rules) in the employee's wages.
It is the Department Director's/Division Manager's responsibility to ensure that
the Finance Department is notified of all employees using City -owned vehicles
for personal use and that the employee is properly reporting his personal usage in
a timely manner.
B. City Vehicle Requirements
1. Only City employees are permitted to operate City -owned vehicles. The only
exception permitted is the operation of a vehicle by an employee of a firm
performing repair work on a vehicle or approved members of the Emergency
Medical Services and/or Fire Departments, authorized Citizens Police Academy
members and Eyes of Pearland Members. (NOTE: If the employee is attending a
conference out of town and taking their spouse, they may take their personal
vehicle and the City will pay the employee's mileage.)
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2. Employees may not drive vehicles for City business without the prior approval of
their Department Director/Division Manager. Before approving a driver, the
Department Director/Division Manager, or their designee, must request the
Human Resources Department to check the employee's driving record, verify the
existence of a valid driver's license, and personal auto liability insurance
coverage, and make certain that the employee is eligible for coverage under the
City's insurance.
3. Employees whose jobs require regular driving for business as a condition of
employment must be able to meet the driver approval standard of this policy at all
times. An offense certain to result in the employee's disqualification from
coverage is a conviction for driving while under the influence of alcohol or drugs.
In addition, employees holding those jobs must inform their supervisors, Human
Resources and Finance of any changes that may affect their ability to meet the
standards of this policy.
4. A City employee who drives a City vehicle, or who may drive a privately owned
vehicle while carrying out job duties, must maintain a valid Texas Driver's
license and an acceptable driving record as determined by the City. Employees
who lose their licenses or experience a change in their license must report this to
their supervisor and Human Resources.
5. Employees may use their own vehicles for business purposes, with the approval
of their Department Director/Division Manager, and may claim reimbursement
for mileage, parking fees, and tolls actually incurred. Drivers using their own
vehicles on City business must make sure that the vehicle meets any City or legal
standard for insurance, maintenance, and safety.
6. City vehicles will be assigned to those departments that have demonstrated a
continuing need for them. Employees who receive prior approval from their
supervisors may rent an economy (or similar size) car when traveling out of town
on City business, when justified that a City vehicle is not available.
7. Failure by an employee to maintain a driving record satisfactorily to the standards
established in this policy will be deemed in violation of this standard, and will
subject the employee to discipline up to and including termination of
employment. All penalties and/or fines imposed as a result of an "at -fault" traffic
offense occurring during work shall be the responsibility of the employee.
Employees must report all occurrences to their supervisor and Finance within
twenty-four (24) hours of occurrence.
8. Temporary employees or employees contracted by an outside agency are not
allowed to drive a City vehicle.
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9. Driving records of employees who operate City vehicles and/or whose position
requires driving for City -related business will be examined on an annual basis by
Human Resources. It is the employee's responsibility to report all citations
received on or off the job to his/her supervisor and to Human Resources.
10. Employees whose positions require the operation of a motor vehicle, must, in
addition to meeting the approval requirements above, exercise due diligence to
drive safely, wear seat belts, and follow all traffic laws, to avoid distractions while
driving, such as using a cellular telephone without a hands-free attachment, and
maintain the security of the vehicle and its contents. Employees who engage in
improper driving practices are to be immediately reported to the Department
Director/Division Manager for appropriate disciplinary action. When employees
receive toll fines, the employee will be responsible for that fine. The only
exception to this will be in the event of an emergency when Fire or Police receive
a toll fine. All employees are expected to obey all traffic laws/rules. If an
employee receives a traffic citation (i.e. speeding, parking, and the like) while
operating a City -owned vehicle, even during working hours, the citation fees/costs
shall be the responsibility of the employee.
11. Employees are not permitted, under any circumstances, to operate a City vehicle,
or a personal vehicle for City business, when the employee cannot drive safely.
This prohibition includes circumstances in which the employee is temporarily
unable to operate a vehicle safely or legally because of illness, medication, or
intoxication.
12. Employees who will be absent from their normal work for a period of five (5)
working days shall park their assigned unit at the City facility to which the vehicle
is assigned.
13. Employees shall not operate any City vehicle while on leave due to illness, injury,
or a medical condition, light duty, or other restricted duty, unless approved by the
attending physician's restrictions.
14. The City Manager may approve some employees who use their personal vehicles
for approved business purposes to receive a car allowance. This allowance is to
compensate for the cost of gasoline, oil, depreciation, and insurance. In addition
to the monthly car allowance, the City will pay the reduced IRS mileage rate for
mileage exceeding 200 miles round trip. Mileage under 200 miles round trip, will
not be reimbursed as it is included in the car allowance. Every employee who
receives a car allowance will carry his/her own liability insurance and furnish the
City's Human Resources Department with a certificate from the insurance
company stating that they have basic limits of liability required by the State of
Texas.
In case of an accident, while driving a City vehicle or using a non -City -owned vehicle on
City business, the employee shall immediately call the police, or law enforcement agency
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in the jurisdiction, and his/her supervisor. The employee should not leave the scene of
the accident, unless required to do so because of injury, until after the police investigation
is completed.
In case of an accident while driving a City vehicle contrary to City policy, the City will
file any damages on the employee's personal insurance and they shall be disciplined up to
and including termination.
C. Maintenance and Reporting
1. It is the direct responsibility of the employee to ensure the vehicle is in full
operational condition before and after each use. Furthermore, the employee will
properly notify his/her supervisor of any exceptions to the condition of the vehicle
in accordance with departmental rules. Employees who operate City vehicles are
responsible for maintaining weekly maintenance logs and for reporting any
defect(s) in the mechanical equipment to the City Shop. Any vehicle found to be
unsafe will be removed from the operational fleet until necessary repairs are
made.
2. The Fleet Department is responsible for scheduling periodic maintenance and
servicing of all City vehicles. Further, prior to the purchase or replacement of a
vehicle, the specifications and request shall be reviewed and approved by the
Fleet Department Superintendent.
3. It is the employee's responsibility to keep their assigned City vehicle clean (inside
and out), either by washing the vehicle at home, or by using the City's car wash
facility. Occasionally an employee may choose to use a car wash/detailing
vendor. In this event, the City will pay up to a maximum of four (4) car washes
per fiscal year.
4. If an employee leaves the employment of the City and the assigned vehicle to that
employee is found to be in need of major cleaning prior to being reassigned, and
if the vehicle cannot be cleaned at the City's facility, the department may request
to take the vehicle for a detailed cleaning. In this unusual circumstance, the
department must fund the expense within their existing budget.
5. Employees must report any accident, theft, damage, breakdown, or mechanical
problem involving a City vehicle or a personal vehicle used on City business to
their supervisor and the Finance Department, regardless of the extent of damage
or lack of injuries. These reports must be made as soon as possible but no later
than twenty-four (24) hours after the incident. Employees are expected to
cooperate fully with authorities in the event of an accident however it is not
appropriate to make any statements other than in reply to questions of
investigating officers.
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6. If an employee is in doubt about a circumstance related to his/her use of a City
vehicle or any other piece of equipment, supplies, tool, or materials purchased
with taxpayer funds, the employee must check with his/her supervisor before
proceeding with the use of that vehicle/equipment. Violations of any of the
provisions related to the use of City vehicle/equipment will result in disciplinary
actions, up to and including termination and possible prosecution.
D. Equipment
1. The City may issue various types of equipment and other property to employee,
(e.g. credit cards, keys, tools, computers, etc.) This equipment and property are
for use while on City business only, unless otherwise approved by City Council or
the City Manager. Employees are responsible for items issued to them by the
City, as well as for items otherwise in their possession or control or used by them
in the performance of their duties. It is expected that employees will follow the
policies set out relating to the use of City property at all times.
2. It is the employee's responsibility to ensure any equipment issued to them is
properly maintained. If repair is warranted the employee is to contact their
supervisor and take the necessary steps to have the property repaired. Failure to
properly maintain equipment will lead to disciplinary action up to and including
termination of employment. All equipment is to be accounted for in a manner
that befits normal use and storage, such as inventories, engraving, and the like.
For items valued in excess of $500, excluding automobiles, a departmental
representative should be contacted to take digital photographs for the files.
3. Missing equipment will be reported to the Pearland Police department and a
police report filed with a phone call to and subsequent copy of the police report
forwarded to the Finance department. Note: The Pearland Police department will
conduct an independent inquiry into the matter. At no time shall a supervisor nor
any member of City Management take any action in the matter without advice and
approval of the City Manager and/or the Director of Human Resources.
4. The use of all tobacco products, including smokeless, is prohibited while
operating and/or being a passenger in City owned/leased equipment. At no time
may an employee under the influence of any alcohol/drug/medication drive City
equipment.
5. Operators of all motorized equipment used in the service of the City who become
involved in any accident may be subject to disciplinary action up to and including
termination of employment if upon investigation, it is determined that the
employee is responsible for such action or through carelessness or recklessness
contributed to the cause of such accident.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 3 - Conduct
3.08 — Political Activity
Civil Service employees will be governed by Chapter 143 of the State Local Government Code.
All non -civil service employees of the City of Pearland will refrain from using working time,
City services, the City's name or City facilities for any political purpose, regardless of the
candidate or issue. City employees will not circulate or sign petitions or political literature,
solicit or receive donations or perform political service while on duty, on City premises, or with
City resources.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 3 - Conduct
3.09 — Inclement Weather/Emergencies — General Policies
Regardless of weather or other conditions, the City never closes. Because of the essential and
direct impact on public safety and health, essential City services must continue regardless of the
weather, man-made or technological emergencies or disasters. Emergency Essential Personnel
are required to report to work as scheduled or as needed, regardless of official delayed opening,
early closing or closure of City facilities.
A. Employee Designations
In the event of a wide scale emergency or significant weather event that could impact the
community, all employees must be ready to assist in managing the crisis. Some
employees are designated as essential for the continuity of governmental operations.
Department Directors shall designate each position as "Emergency Essential Personnel"
or "Emergency Non -Essential Personnel." This designation shall be documented by the
Human Resources department in the official job description. All personnel shall be
advised of their status by January 2'd of each year, and/or at the time of hire. Individual
employees' status may change as the needs of the City change during an emergency or
inclement weather event at the discretion of the Department Director.
1. "Emergency Essential Personnel" — Each Department Director is responsible for
identifying those employees who will be designated as "Emergency Essential
Personnel". "Emergency Essential Personnel" may be required to remain
available immediately before, during and/or after the disaster/emergency
conditions to perform duties directly related to the emergency conditions.
2. "Emergency Non -Essential Personnel" — Following a needs assessment, some
employees may be temporarily dismissed from work, concurrently or
successively, as determined by the Department Director. These employees are
designated as "Emergency Non -Essential Personnel."
3. "Essential Recovery" — Some employees may be further identified as "Essential
Recovery." The City Manager and each Department Director are responsible for
identifying those employees who are essential to the quick restoration of critical
services to the community.
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B. Emergency Periods
1. Pre -Impact Period. This is the time prior to the impending emergency or
inclement weather event and includes emergency response activities and
preventive measures by the City in preparing for the impending emergency or
inclement weather. This period begins when the City Emergency Operations
Center opens or the City Manager determines that an emergency or inclement
weather event is imminent.
2. Emergency or Inclement Weather Period. This is the time during which
emergency response activities and/or restoration of critical services are conducted
to protect life and property and most other regular City services are suspended.
This period begins when City facilities are closed for normal business and ends
when the City Manager declares it safe for all employees to return to work.
3. Emergency/Disaster — Recovery Period. This is the time during which emergency
response activities and/or restoration of critical services and all regular City
services are suspended. This period begins when the City Manager orders
Emergency Essential Personnel to take shelter in City -operated Response Centers
and ends when the City Manager reinstates emergency response activities and/or
the restoration of critical services.
4. Post Impact/Recovery Period. This is the period of time during which activities
are conducted to restore the City's infrastructure and services to pre -disaster
conditions. This period begins when the City Manager declares it safe for all
employees to return to work and ends when he/she declares the period is over.
C. Responsibilities
1. Employee
Employees are expected to report for duty at the hour regularly assigned for their
workday. No one is excused from work until the City Manager, through each
Department Director, authorizes employees to leave, even if a public
announcement of office closures or suspension of service is issued. Additionally,
employees must return to work as soon as the emergency or inclement weather
period is over to participate in the Post Impact/Recovery Period. Employees
must:
a. Contact supervisor when emergency events, disasters, or inclement
weather exist or is anticipated in order to receive any specific instructions.
b. Discuss with supervisor in advance any circumstances anticipated that
may prevent the employee from arriving to work during emergencies/
inclement weather conditions (such as road closures or childcare
arrangements) and any pertinent leave requests.
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c. Stay informed about emergencies/inclement weather conditions and City
operations through the communication methods designated by the City
Manager and their Department Director. (TV/Radio media, City's
intranet, City's web -page, emails, pagers, supervisors, and the like.)
d. Maintain an up-to-date Employee ID Badge and carry it at all times. Each
ID Badge will include the City's Employee Hotline telephone number.
e. Ensure that emergency contact information supplied to supervisor and the
Human Resources department is current so employee can be contacted
when away from work.
When securing or evacuation of personal residences is required, Emergency
Essential Personnel will be permitted and expected to make arrangements for their
families, including the use of authorized shelters, prior to the Pre -Impact Period.
At the Department Director's discretion, previously approved leave requests may
be canceled. Failure to return to work upon notice, either written or verbal, that
the previously approved leave is being canceled, will be deemed an unauthorized
absence from work or assignment which may be sufficient cause for termination
of employment. In the event that such previously approved leave is not canceled,
employees will continue to be charged for such leave. Any unauthorized absence
from work or assignment may be considered sufficient cause for termination of
employment.
2. Department Directors
Department Directors must keep an updated list of the staff that is designated as
Emergency Essential Personnel along with defined expectations of duties and
reporting during state of emergencies, inclement weather delayed openings and
closing. The list must be disseminated to the requisite people. Duties of the
Department Directors are as follows:
a. Coordinate with the City Manager on any anticipated delays or closings
and any alternate procedures that may affect the City's normal business
operations.
b. Ensure a clear communication mechanism with all of their employees.
c. Conduct training with employees regarding emergency operations
procedures prior to May 31 of each year that outlines expectations,
possible work schedules, leave, and the like.
d. Provide a list of Emergency Essential Personnel to Human Resources and
Emergency Management prior to January 2nd each year.
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3. City Manager
If any City facilities are closed due to an emergency and/or adverse weather
conditions the decision about which departments or divisions will be closed and
how employees will be compensated is the responsibility of the City Manager or
their designee. The City Manager is also responsible for:
a. Coordinating with Department Directors on any City -delayed openings or
closings.
b. Designating employee(s) to contact/post delayed openings or closings with
the media.
For information regarding how employees are to be compensated during times of inclement
weather, please refer to the Compensation section of this manual.
Page 4 of 4
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 3 - Conduct
3.10 — Use of Tobacco Products
In keeping with the City's intent to provide a safe and healthy work environment, smoking and
the use of smokeless tobacco products (e.g., chewing tobacco, snuff, and the like) are prohibited
in any City -owned or municipal buildings or in City -owned, rented, or leased vehicles or
equipment. No employee may use tobacco products while interacting with the public.
Employees may use tobacco products outdoors in designated areas when on a break (see City
Ordinance Article 1, Section 20-9-2 for further information.)
Supervisors are to make certain employees are in compliance with this policy. Employees found
to be in violation of this policy will be disciplined up to and including termination of
employment.
Page 1 of 1
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 3 - Conduct
3.11 — Anti -Harassment and Non -Discrimination
Sexual harassment is unlawful and will not be tolerated. Policy prohibits any form of sexually -
oriented speech or conduct that is unwelcomed and offensive to the recipient. Unwelcome
sexual advances, requests and other verbal or physical conduct of a sexual nature constitutes
sexual harassment when:
• Submission is made either explicitly or implicitly a term or condition of employment;
• Submission or rejection of such conduct is used as basis for employment decisions;
• Such conduct has the effect of unreasonably interfering with work performance or
creating a work environment that is hostile, intimidating or offensive.
Conduct prohibited by this policy includes verbal abuse, jokes which are inappropriate and may
cause embarrassment at another's expense; nonverbal messages such as e-mails, looks or gestures
and invitations or pressure which are unwanted and may or may not include sexual suggestions.
Unwelcomed physical contact may also amount to sexual harassment and will not be tolerated.
A supervisor who expressly or impliedly bases job-related decisions on an employee's
submission to sexually harassing conduct, or who threatens to do so, violates the law and this
policy. Non -supervisory co-workers will also be held accountable for failure to report any
sexually harassing conduct they witness. Sexual harassment has the effect of creating an
intimidating, hostile or offensive work environment and may interfere with the employee's
ability to perform his or her job.
The City is equally intolerant of any speech or conduct that is intended to, or has the effect of
abusing or harassing any employee because of his or her race, ethnic origin, sex, age, disability
or religion or any other protected characteristic. Such actions destroy employee morale and
camaraderie; they are also illegal. Prohibited conduct includes but is not limited to repeatedly
violating someone's "personal space"; lewd, off-color comments or jokes; epithets, slurs and
negative stereotyping, writings/pictures that single out, denigrate or show hostility or aversion
toward someone on the basis of a protected characteristic. Sending, showing, sharing or
distributing in any form inappropriate jokes, pictures, comics, stories, and the like, will not be
tolerated. Employee need to treat others with the same respect as they expect.
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If an employee believes they or another employee have been subjected to harassment they should
do the following:
1. Tell the offending party that they find it offensive and that they want it to stop.
2. If the problem is not corrected immediately, or if it is so severe that it requires immediate
intervention by City Management, the employee must present their complaint to their
Department Director, the Director of Human Resources, an Assistant City Manager or the
City Manager.
A supervisor who receives a complaint, or who otherwise becomes aware of possible harassment
must immediately advise his/her Department Director, who will notify the Director of Human
Resources. The Director of Human Resources will advise the City Manager promptly of all
claims of harassment, and will keep the City Manager apprised of the results of any investigation
and corrective action taken.
The City takes retaliation against an employee who makes a good faith charge or report of
prohibited conduct or who assists in a complaint investigation very seriously. If however, after
investigating any complaint of harassment or unlawful discrimination, the City determines that
an employee has provided false information regarding the complaint, disciplinary action up to
and including termination of employment shall be taken against the individual(s) who gave the
false information.
All employees are expected to carry out the spirit and intent of this policy by promoting an
environment free of harassment.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 3 - Conduct
3.12 — Workplace Violence
The City strives to provide a safe and secure working environment for its employees and has
established a policy to expressly prohibit any acts or threats of violence by any City employee
against any other employee. The City will not condone any acts or threats of violence against
City employees, customers, or visitors at any time, or while engaged in business with the City,
on behalf of the City, on, or off the City's premises.
Workplace violence is an act or threat of aggression causing or placing another in fear of
emotional and/or physical harm. Workplace violence can take many forms. The following list
of behaviors, while not all-inclusive, provides examples of conduct that are prohibited:
• Causing physical injury to another person;
• Making threatening remarks (direct or indirect);
• Aggressive or hostile behavior that creates a reasonable fear of injury or harm to
another person or subjects another individual to emotional distress;
• Intentionally damaging employer property or property of another employee;
• Possession of a weapon while on City property or while conducting City business
(unless authorized by law);
• Committing acts motivated by, or related to, domestic violence.
The workplace is any location where an employee performs work for the City (i.e., office, public
building, grounds, City parks, vehicle, private residence, or any location associated with travel
for the City, and the like.)
The City is concerned about the increased violence in society which has filtered into many
workplaces throughout the United States. In keeping with the spirit and intent of this policy, and
to ensure the City's objectives in this regard are attained, the City is committed to the following:
• To provide a safe and healthful work environment in accordance with the City
Safety Policy.
• To take prompt remedial action up to and including immediate termination of
employment against any employee who engages in any threatening behavior or
acts of violence.
Page 1 of 2
• To take appropriate action when dealing with customers, former employees, or
visitors to City facilities who engage in such behavior. Such action may include
notifying the police or other law enforcement personnel and prosecuting violators
to the maximum extent of the law.
• To establish viable security measures to help make City facilities more safe and
secure and to properly handle access to City facilities by the public, off-duty
employees, and former employees.
An employee who displays a tendency to engage in violent, abusive, or threatening behavior, or
who otherwise engages in behavior that the City, in its sole discretion, deems offensive or
inappropriate will be referred to the Employee Assistance Program for counseling or other
appropriate treatment. Such employees will also be subject to disciplinary action, up to and
including termination of employment. In addition, the City reserves the right to report conduct
to appropriate law enforcement authorities, which it believes may be illegal.
Each City employee must immediately notify his/her supervisor, Department Director, the
Director of Human Resources and /or the Police Department of any act of violence or of any
threat involving a City employee that the employee has witnessed, received, or has been told that
another person has witnessed or received. Even without an actual threat, each City employee
must also report any behavior that the employee regards as threatening or violent when that
behavior is job-related or might be carried out on City property, a City -controlled site or City job
site, or when that behavior is in any manner connected to City employment or activity. Each
employee is responsible for making this report regardless of the relationship between the
individual who initiated the threat or threatening behavior and the person or persons threatened
or the target of the threatening behavior. A supervisor who is made aware of such a threat or
other conduct must immediately notify his/her Department Director and the Director of Human
Resources.
Supervisors and Human Resources shall discuss and investigate all reported incidents with
parties involved in the situation. Reports or incidents warranting confidentiality will be handled
appropriately and information will be disclosed to others only on a need -to -know basis.
The City will not condone any form of retaliation against an employee for making a report under
this policy.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 3 - Conduct
3.13a — Drug and Alcohol Policy
The City recognizes that alcohol and/or drug use increases risk of accidents, decreases
productivity, and increases medical expenditures. Therefore, the City has a vital interest in
maintaining a safe and efficient working environment. In order to achieve this environment, City
employees are prohibited from reporting to work or work-related activities under the influence of
drugs and/or alcohol.
The City maintains a zero tolerance policy. City employees will be subject to testing and
submission to and passing tests are a condition of employment.
This policy applies to all employees and job applicants. No part of this policy is intended to
conflict in any way with the regulations set forth by the Department of Transportation (DOT). If
there is a conflict, DOT employees are responsible to follow the City's DOT policy.
A. Prohibited Activities — The following acts are prohibited and employees who commit
these acts shall be subject to immediate termination of employment.
1. Consumption of illegal drugs at any time.
2. Abuse or misuse of prescription or over the counter (OTC) medication.
3. Consumption of alcohol:
a. While on duty (includes hours worked and breaks.)
b. Four (4) hours prior to reporting to work.
c. Eight (8) hours following an accident (or until tested.)
d. During on-call status.
e. While wearing City apparel or uniforms.
4. Operating a City vehicle or equipment or conducting City business while
impaired by drugs or under the influence of alcohol.
5. The use or possession of alcohol or illegal drugs in a City vehicle (whether on or
off duty).
6. Unlawful manufacturing, distribution, dispensing, possessing or using controlled
substances in the workplace.
Employees attending social functions in conjunction with a training and/or
conference may consume a moderate amount of alcoholic beverages if the
function does not involve the use of a City vehicle and the employee's conduct
does not reflect poorly upon the City.
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B. Testing to be performed — Drug testing is conducted by analyzing an employee's urine
specimen at a certified lab. The City may utilize other or additional testing methods if, in
the City's opinion, other methods may yield accurate results. Alcohol testing will be
conducted by breath analysis.
Testing will be conducted for prohibited drugs and drug metabolites in the following
circumstances:
• Pre -Employment
• Random
• Post Incident
• Reasonable Suspicion
The following prohibited drugs will be tested for:
• Marijuana (THC)
• Opiates
• Phencyclidine (PCP)
• Cocaine
• Amphetamines
• Any Other Controlled/Illegal Substances
Testing for alcohol will be conducted in the following circumstances:
• Post Incident
• Reasonable Suspicion
• Random
• Pre-employment
1. Pre -Employment Testing — All applicants (including full-time, part-time, seasonal
and temporary) are subject to pre-employment testing. Any applicant who refuses
the pre-employment test or yields a "positive" result will not be considered for
employment. If a pre-employment test is canceled by a Medical Review Officer
(MRO) for any reason, the applicant will be required to take another one with a
verified negative result within twenty-four (24) hours. All employment offers are
contingent upon passing requisite alcohol and drug screenings.
A verified negative result must be obtained before an employee begins
employment. Applicants, who were tested more than 90 days prior to beginning of
employment, must have a new pre-employment test performed with a verified
negative result.
2. Random — Employees in positions requiring CDLs or in safety sensitive positions
are subject to random testing. Safety sensitive positions are those which involve a
significant danger to life and/or property and which include those positions in
which the handling and possession of firearms is required, in which the immediate
Page 2 of 7
protection or defense of human life may be required, in which the handling or
transporting of hazardous materials is required or positions that may pose a
danger to themselves or others. Random testing selections are made using a
scientifically valid method (computer based random number generator) and are
spread reasonably throughout all periods of the calendar year (all days and hours
of operation). Each employee subject to this policy will have an equal chance of
being tested each time random selections are made.
Dates and times for random testing are unannounced and spread reasonably
throughout the calendar year. The Human Resources Generalist will be the
Designated Employer Representative (DER) for the City and will ensure all
testing is conducted as required. Human Resources will notify Supervisors when
an employee has been randomly selected. Upon notification, the Supervisor will
ensure the employee proceeds to the testing site as soon as possible.
An employee's refusal to submit to the random test when notified, or failure to
report to the lab within one (1) hour, will be considered a test refusal.
3. Reasonable Suspicion — A reasonable suspicion drug or alcohol test will be
conducted when a Supervisor or City official has reason to believe that an
employee is under the influence of alcohol or drugs. Supervisors who observe the
employee must document all observations, conversations, etc., related to the
incident. Reasonable suspicion must be based on specific, contemporaneous, and
particular observations concerning the appearance, behavior, speech, and/or body
odors of the employee. Unless the supervisor directly observes the possession,
consumption or inhalation of alcohol or drugs a second City supervisor or director
must also be notified and concur with the employee's supervisor's reasonable
suspicion before testing can be compelled. Characteristics indicating reasonable
suspicion may include, but are not limited to:
• Abnormal or erratic behavior;
• Inconsistent work quality and lowered productivity;
• Physical symptoms such as glassy or bloodshot eyes, slurred speech,
unsteady gait, poor coordination or reflexes;
• Deteriorating personal appearance, hygiene, and ability to get along with
co-workers;
• Odor of alcohol, marijuana, or other illegal substances;
• On-the-job injury or accident (see post accident portion of this policy);
• Direct observation of alcohol/drug use or possession; and
• A motor vehicle accident.
Reasonable suspicion testing for alcohol must be administered within eight (8)
hours after observation; otherwise attempts to administer the test will cease and
reasons why the test was not administered will be documented and sent to Human
Resources.
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Reasonable suspicion testing for drugs should be conducted as soon as practicable
but no later than twenty-four (24) hours after observation; otherwise attempts to
administer the test will cease and reasons why the test was not administered will
be documented and sent to Human Resources.
Employees being ordered for reasonable suspicion testing will be transported to
the testing facility by either their direct supervisor, another supervisor from the
same division/department or the Department Director/Division Manager. The
employee will not be allowed to drive themselves. If an event giving rise to
reasonable suspicion occurs after normal business hours, the supervisor will
transport the employee directly to the City's designated facility for testing. The
City will make arrangements to have the employee transported home after the
testing is complete.
While waiting for the results of a reasonable suspicion test, an employee will be
placed on Administrative Leave pending the outcome of the tests and any
investigation. The employee will not return to the workplace until they have been
authorized to do so by Human Resources or their direct Supervisor.
An employee who refuses to submit to a reasonable suspicion test will be
considered insubordinate (please refer to the Test Results section for more
information). If this situation arises, the employee will be verbally advised that
successful drug/alcohol screens are a condition of employment. If an employee
requests the option to resign prior to taking a reasonable suspicion alcohol/drug
test, they may be allowed to do so. However, they will not be eligible for
separation benefits and will not be considered for re-employment.
4. Post Incident Testing — All City employees who are involved in motor vehicle,
equipment or injury incidents while in the course and scope of their employment, are
subject to post accident drug/alcohol testing. All employees must remain readily
available for testing after an accident. An employee refusing to submit to a post
accident alcohol/drug test will be considered insubordinate. Employees whose
behavior could have contributed to the incident will also be tested.
Because of potential exposure to liability post incident testing will be conducted
under City Policy. Any employee involved in an incident will be required to take a
drug and alcohol test if:
• The incident results in damage or loss to any property in excess of $1,000, as
determined by the supervisor, and/or
• There is an injury requiring treatment by a healthcare provider.
Post Accident Alcohol Testing Time Limits — Post Accident testing for alcohol must
be administered as soon as practicable but no later than eight (8) hours after the
accident; otherwise attempts to administer the test will cease and the reasons why the
test was not administered will be documented. Undocumented/unsubstantiated
Page 4 of 7
reasons for not testing immediately will be considered a refusal to test. Employees
will not be allowed to drive a City vehicle until the test results have been confirmed
to be negative.
Post Accident Drug Testing Time Limits — Post Accident testing for drugs must be
conducted as soon as practicable but no later than twenty-four (24) hours after the
incident; otherwise attempts to administer the test will cease and the reasons why the
test was not administered will be documented. Undocumented/unsubstantiated
reasons for not testing immediately will be considered a refusal to test. Employees
will not be allowed to drive a City vehicle until the test results have been confirmed
to be negative.
Post accident testing may be delayed while the employee assists in resolution of the
accident or receives medical attention following the accident.
C. Test Results — Test results will be classified as Negative, Positive, or Test Refusal:
• Negative — Verified negative result is acceptable for drug testing. For alcohol, a
verified test result below 0.02 is acceptable.
• Positive — Per City policy, all tests producing positive results will result in
termination. The following test results will constitute positive results:
o Verified positive result for drugs.
o Verified BAC (Breath Alcohol Content)> 0.02.
• Test Refusal — Per City policy, the submissions to alcohol and drug testing is a
condition of employment, a refusal to submit to appropriate testing will be
considered insubordination. Test refusals are considered as positive test results
and will result in termination of employment. An employee will be deemed to
have refused to take an alcohol/drug test if:
o They fail to appear for a test within a reasonable time, as defined by the
employer.
o They fail to remain at the testing site until the testing process is complete.
o They fail to provide a breath or urine specimen as required.
o They fail to permit an observed or monitored collection specimen when
required.
o They fail to provide a sufficient amount of volume with no valid medical
explanation.
o They fail or decline to take an additional drug/alcohol test as
employer or collector.
o They fail to undergo a medical exam or evaluation when requir
o They fail to cooperate with any part of the testing process
empty pockets, wash hands, remove hat, etc.)
o The MRO reports the presence of a verified adulterated or
result.
o They refuse to sign Step 2 of the Alcohol Test Form (ATF).
o They leave the scene of an accident without just cause prior to submitting to a
test.
directed by the
ed.
(i.e., refusal to
substituted test
Page 5 of 7
A positive drug test will be reviewed by the MRO who will contact the employee
and conduct an interview to determine if there is an alternative medical
explanation for the positive test result. If the employee provides appropriate
documentation and the MRO determines there is a legitimate medical use of the
substance, the test result will be reported to the City as negative.
D. Notification of Test Results — The City's testing facility will notify the City of any
negative results. The MRO will notify the employee and the City of any verified positive
results.
E. Retesting — the following outcomes will result in retesting:
Test Result
Outcome
Negative Dilute (creatinine level
is => 5 mg/dl)
Retest will be done unobserved
Negative Dilute (creatinine level
is between 2-5 mg/dl
Retest will be done under direct observation
Fatal flaw / rejected
Retest will be done under direct observation
Invalid result (without medical
explanation)
Retest will be done under direct observation
Primary is positive
adulterated/substituted and split is
unavailable or invalid
Retest will be done under direct observation
Primary is positive and split test
fails to reconfirm
Test is considered cancelled
F. Consequences — Employees, whose test result is positive for drugs or alcohol, will be
immediately placed on Administrative Leave pending verified results and any decision
regarding disciplinary action. The City has a "zero" tolerance policy and employees with
positive test results will be terminated under City policy. An employee who violates this
policy will not be considered for re-employment. If a tested employee has an alcohol
concentration of 0.02 or greater their employment will be terminated.
G. Prescription and Over the Counter (OTC) Medications — Some prescriptions and OTC
medications may adversely affect an employee's ability to perform their job safely. The
employee is responsible for discussing their job duties with their physician. The
physician is responsible for evaluating the employee's ability to safely perform their job
duties. Employees who are medically disqualified from performing their job duties while
taking medication will immediately notify their supervisor and Human Resources. All
employees are required to notify their supervisor when taking any prescription or non-
prescription medication that may interfere with the safe performance of their job duties.
The supervisor may either temporarily re -assign them or place them on sick leave. Re-
assignment is not to be considered a permanent appointment and is to be temporary in
nature with a specific ending date. Failure to comply may result in disciplinary action up
to and including termination of employment.
Page 6 of 7
Employees should read all warning labels for OTC medications and should seek
alternatives to those that indicate they affect mental functioning, motor skills, or
judgment. Employees are encouraged to seek assistance from their physician or
pharmacist in identifying alternative medications or treatments. Employees should never
misuse OTC medicines by taking them longer or in higher doses than the label
recommends.
Some medicines may interact with food and beverages, as well as with health conditions
such as diabetes, kidney disease, and high blood pressure. Employees must read the
warning labels to find out what foods or situations to avoid when taking the medication.
If employees are taking more than one (1) OTC medication, they should compare the
active ingredients. Employees should not take two (2) medicines with the same active
ingredients unless instructed by their physician or other healthcare professional.
H. Employee Admission of Drug/Alcohol Use — An employee who admits to alcohol misuse
or drug use must do so in accordance with the policy and the City's Employee Assistance
Program (EAP); the employee may not self -identify in order to avoid the testing
requirements of this policy. The employee must make the admission prior to performing a
job function (prior to reporting to duty). After admission, the employee may not perform
their job function until the City is satisfied that the employee has been evaluated and has
successfully completed educational and treatment requirements. A drug and alcohol
abuse evaluation expert, i.e., an EAP professional, SAP, or a qualified drug and alcohol
counselor, will determine successful completion. Prior to the employee resuming their
job duties, the employee must undergo a return to duty alcohol test with a result of less
than 0.02 and/or a return to duty drug test with a negative test result.
Confidentiality — All information relating to alcohol or drug testing will be protected by
the City as confidential unless disclosure is otherwise authorized by law or authorized in
writing by the employee. All results will be maintained in a confidential file within the
Human Resources Department.
J. Record Retention — Drug/Alcohol testing results will be maintained under this policy by
the Human Resources Department for three (3) years as the law allows.
K. Contact — Questions regarding this policy should be directed to the HR Generalist at 281-
652-1617 or HR Director at 281-652-1656.
Page 7 of 7
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 3 - Conduct
3.13b — Drug and Alcohol Policy (DOT)
The City recognizes that drug and alcohol abuse increases risk of accidents; decreased
productivity, and medical expenditures. Therefore, the City has a vital interest in maintaining a
safe and efficient working environment. In order to achieve this environment, City employees
are prohibited from reporting to work or work-related activities under the influence of drugs
and/or alcohol. Participation in the Drug and Alcohol Program is a requirement of each
employee and is a condition of employment.
The City employs persons in positions that are regulated by the U.S. Department of
Transportation (DOT). City employees who drive a commercial motor vehicle requiring a
Commercial Driver's License (CDL) as a part of their duties are subject to alcohol and drug
testing as mandated by DOT, Federal Motor Carrier Safety Administration (FMCSA), and
Federal Transit Administration (FTA), and as outlined in this policy. The City will comply with
the regulations set forth by the DOT. In order to assure compliance with related regulations,
employees are to defer to 49 CFR, Parts 40, 382, and 655 of the DOT regulations regarding
testing, test administration, etc.
This policy applies to all employees and job applicants of positions within the City that are
designated as DOT regulated positions.
An employee is considered to be performing a safety sensitive function during any period in
which he/ she is actually performing, ready to perform, or immediately available to perform any
safety -sensitive function and includes all times in which an employee begins to work or is
required to be in readiness to work (i.e., during on-call status) until the time he/she is relieved
from all responsibility for performing work.
The City's designation of positions determined to be in DOT regulated positions are determined
by the job title and function. Generally, positions requiring a CDL pursuant to the FMCSA or
the FTA are subject to DOT provisions. This policy is in addition to, not in lieu of, the
provisions of the City's Drug and Alcohol Policy. DOT tests will be separate from non -DOT
tests in all respects. DOT tests take priority and will be conducted and completed before a non -
DOT test. Testing procedures that ensure accuracy, reliability, and confidentiality of results will
be followed pursuant to DOT regulations.
A. Prohibited Activities- The following acts are prohibited and employees who commit
these acts shall be subject to immediate separation from City employment:
Page 1 of 9
1. Consumption of illegal drugs at any time. Employees may be tested anytime they
are on -duty; off duty use may result in an on -duty positive drug test.
2. Consumption of alcohol:
a. Four (4) hours prior to performing a safety- sensitive function.
b. Eight (8) hours following an accident.
c. While on call.
d. Blood alcohol concentration of 0.04 or greater when performing a safety -
sensitive function.
3. Unlawful manufacturing, distributing, dispensing, possessing or using controlled
substance in the workplace.
B. Testing to be performed - Drug testing is conducted by analyzing an employee's urine
specimen at a lab certified by the U.S. Department of Health and Human Services. The
employee will provide a specimen in a location that affords privacy. The "collector"
divides the specimen into two (2) bottles (known as "split specimen") in the presence of
the donor, seals and labels it, completes a chain of custody form, and prepares the
specimen and accompanying paperwork for shipment to a drug testing laboratory.
Upon verification of a positive test result, the Medical Review Officer (MRO) will notify
the employee of the right to have the split specimen tested within 72 hours. The testing of
the split specimen will be conducted at the expense of the employee.
Testing will be conducted for prohibited drugs and drug metabolites in the following
circumstances:
• Pre -Employment
• Random
• Return to Duty/ Follow- Up
• Post Accident
• Reasonable Suspicion
The following prohibited drugs will be tested for:
• Marijuana (THC)
• Opiates
• Phencyclidine (PCP)
• Cocaine
• Amphetamines
Testing for alcohol will be conducted via breath analysis in the following circumstances:
• Pre -Employment
• Random
• Post Accident
• Reasonable Suspicion
Page 2 of 9
• Return to duty
Whenever the term "drug," "drugs," or "controlled substances" are used in this policy, it
is in reference to the substances listed above. The City will not test for any other
substances under this policy. The City may, however, test for other controlled substances
pursuant to its general Drug and Alcohol Policy.
1. Pre- Employment Testing- All applicants for employment (including part-time
and seasonal) are subject to pre-employment testing.
a. If a pre-employment test is cancelled for any reason, the applicant will be
required to take another with a verified negative result. All employment
offers are contingent upon passing a drug screen with a negative result and
before performing safety sensitive job duties.
b. Pre-employment tests are also required when employees are promoted,
demoted, or transferred into a DOT regulated position.
c. Previous Employer information - the City is required, with the applicant's
written consent, to obtain information from previous DOT regulated
employers for the past two (2) years prior to the date of application,
promotion, or transfer. The City will ask the previous employer for
alcohol test results of 0.04 or greater, verified positive drug test results,
refusals to test ( including verified adulterated or substituted drug test
results), and any other violation of DOT drug and alcohol testing
regulations. The City will obtain and review the information prior to
hiring. The City will also ask the applicant if they tested positive, or
refused to test on any pre-employment drug or alcohol test administered
by an employer to which the employee applied during the past two (2)
years. If the person admits to such a conduct, the applicant will not be
hired or if they are a current employee, they will not be permitted to
perform safety -sensitive functions. If the person refuses to provide the
City with the required written consent, they will not be hired or if they are
currently employed, will not be permitted to perform safety -sensitive
functions.
d. If the previous employer's response is not obtained within 30 days, the
employee will not be allowed to perform DOT functions unless there is
documentation of good faith efforts. Evidence of successful completion of
a rehabilitation program must be provided from an applicant who
previously failed a DOT drug test. The City will maintain a written,
confidential record of the information it obtains and/or the good faith
efforts it made to obtain the information and will retain it for a minimum
of three (3) years.
Random - Random testing selections are made using a scientifically valid method
(computer based random number generator) and are spread reasonably throughout
all periods of the calendar year (all days and hours of operation). Each employee
Page 3 of 9
subject to this policy will have an equal chance of being tested each time random
selections are made. The number of employees randomly selected will be in
accordance with applicable DOT regulations. Each employee randomly selected
for testing will be tested during the selection period. Each employee selected for
random testing must proceed to the test site immediately after notification. If the
employee is performing a safety -sensitive function at the time of notification, the
City will ensure that the employee ceases to perform the safety -sensitive function
and proceeds to the testing site within one (1) hour. Refusal to submit to random
testing when notified or failure to report to the designated lab within one (1) hour
will be considered a test refusal. The HR Generalist will be the Designated
Employer Representative (DER) for the City and will ensure all testing is
conducted as required.
3. Reasonable suspicion - A reasonable suspicion test will be conducted if trained
supervisor has reason to believe that an employee is in violation of this policy and
the trained supervisor completes the "Supervisor's Checklist for Reasonable
Suspicion" form. The reasonable suspicion must be based on specific,
contemporaneous, and particular observations concerning the appearance,
behavior, speech, and/or body odors of the employee.
a. Reasonable suspicion alcohol testing is permitted only if the reasonable
suspicion observation is made during, just before, or just after, the period
of the work day the employee is required to be in compliance with this
policy. If reasonable suspicion alcohol testing cannot be administered
within two (2) hours after observation, a written statement explaining why
the test was not promptly administered must be given to the Director of
Human Resources. If reasonable suspicion alcohol testing cannot be
administered within eight (8) hours after the observation, the City will
cease attempts to administer the test and document why the test was not
administered.
b. Reasonable suspicion drug testing will be conducted as soon as practicable
but no later than twenty-four (24) hours after the reasonable suspicion
observation. If the employee is not tested within twenty-four (24) hours,
the supervisor must submit a written report documenting the reason why
to the Director of Human Resources.
c. Employees being ordered for reasonable suspicion testing will be
transported to the testing facility by either their direct supervisor, another
supervisor within the department or their director. The employee will not
be allowed to drive themselves. If a reasonable suspicion occurs after
hours, the supervisor will transport the employee directly to the City's
designated facility for testing. The City will make arrangements to have
the employee transported home after the testing is complete.
d. If a DOT regulated employee refuses to submit to a reasonable suspicion
test, they will be verbally advised that successful drug/alcohol tests are a
condition of employment.
Page 4 of 9
e. While waiting for the results of a reasonable suspicion test, an employee
will be placed on administrative leave pending the outcome of the test and
subsequent investigation. The employee should not return to the work
place until they have been contacted by the Human Resources Generalist
or their direct supervisor advising them to do so.
4. Post Incident Testing - In accordance with DOT 49 CFR, Parts 40, 382, and 655,
DOT regulated employees will be tested following applicable incidents. Post
incident testing will include alcohol and drug testing. When considering DOT
post incident testing, all covered employees whose performance could have
contributed to the incident will be tested (dispatcher, mechanic, passenger, etc).
Employees must remain readily available for testing after an incident. An
employee will not return to duty or perform safety -sensitive job functions until a
verified negative alcohol and drug result is received. An employee refusing a post
incident test will be considered a test refusal.
a. Post incident testing will be conducted in accordance with DOT 49 CFR,
Part 655.44 Regulations (FTA), if:
• There is a fatality.
• One (1) or more of the vehicles suffer disabling damage that
requires a tow away from the site (disabling damage is damage that
prevents the vehicles from leaving the scene in its usual manner, in
daylight, after simple repairs.)
• An individual requires immediate medical treatment away from the
scene.
Please refer to City policy Post Incident guidelines for more testing requirements.
b. Post accident testing will be conducted in accordance with DOT 49 CFR,
Part 382.303 Regulations (FMCSA), if:
• There is a fatality.
• The City driver/operator is issued a citation within eight (8) to
thirty-two (32) hours of the occurrence due to a violation arising
from the accident, tests will be performed if:
• An individual requires immediate medical treatment away
from the scene.
• One (1) or more of the vehicles suffer disabling damage
that requires a tow away from the site (disabling damage is
damage that prevents the vehicles from leaving the scene in
its usual manner, in daylight, after simple repairs.)
Please refer to City policy Post Accident guidelines for more testing requirements.
Page 5 of 9
c. Time Limits
1) DOT Alcohol Post Accident Time Limits - Test should be
performed as soon as possible, but no later than eight (8) hours
following the accident. Post accident testing is stayed while the
employee assists in the resolution of the accident or receives
medical attention following the accident. If alcohol testing cannot
be performed within two (2) hours, the reason for delay must be
documented and efforts must continue to administer the test. If
alcohol testing cannot be performed within eight (8) hours, all
attempts should cease and documented as to the reason for the test
failure.
2) DOT Drug Post Accident Time Limits - Test should be performed
as soon as possible but no later than thirty-two (32) hours
following the accident. Post accident testing is stayed while the
employee assists in resolution of the accident or receives medical
attention following the accident. If the drug testing cannot be
performed within the required time, all attempts should cease and
documented as to the reason for the test failure.
5. Return to Work
a. If an employee is on leave for 90 days or more, they are required to have a
pre-employment test completed and passed prior to returning to duty.
b. Applicants who were tested more than 90 days prior to performing safety
sensitive duties must have a new pre-employment test performed and
passed before performing safety sensitive duties.
C. Test Results - All drug test results will be reviewed and interpreted by a Medical Review
Officer (MRO) before they are reported to the City. When a positive result is received,
the MRO will contact the employee and conduct an interview to determine if there is an
alternative medical explanation for the drug(s) found in their urine specimen. If the
employee provides appropriate documentation and the MRO determines there is a
legitimate medical use of the prohibited drug(s), the test will be reported to the City as
negative.
Test results will be classified as Negative, Positive or Test Refusal:
• Negative. A verified negative result is acceptable for drug testing. For alcohol, a
verified test result below 0.04 is acceptable per DOT regulations.
• Positive. The following test results will constitute a positive result:
• Verified positive result.
• Verified BAC (Breath Alcohol Content) >0.04.
• Test Refusal. Test refusals are considered positive tests results.
Page 6 of 9
An employee is considered to have refused to take an alcohol/drug test if:
• They fail to appear for a test within a reasonable time, as defined by the
employer.
• They fail to remain at the testing site until the testing process is complete.
• They refuse or fail to provide a breath or urine specimen as required.
• They fail to permit an observed specimen collection when required.
• They fail to provide sufficient amount of volume with no valid medical
explanation.
• They fail or decline to take an additional drug/alcohol test as directed by
the employer or collector.
• They fail to undergo a medical exam or evaluation when required.
• They fail to cooperate with any part of the testing process (i.e. refusal to
empty pockets, wash hands, remove hat, are confrontational).
• MRO verification of a test as adulterated or substituted.
• They refuse to sign Step 2 of the Alcohol Test Form (ATF).
• They leave the scene of an accident without just cause prior to submitting
to a test.
Although there are no consequences under DOT regulations for a DOT regulated
employee to refuse a non -DOT test, such a refusal may warrant termination of
employment under the City's general Drug and Alcohol policy.
D. Notification of Test Results. The City will notify applicants of verified positive test
results in writing. The City will notify an employee of the results of random, reasonable
suspicion, and post -accident drug tests if the results are verified positive, and also which
controlled substance(s) are verified positive. The City will also make reasonable efforts
to notify any employee who tested positive but is unreachable by the MRO. They will be
notified to contact the MRO within 72 hours.
E. Retesting- the following outcomes will result in retesting:
Test Result
Outcome
Negative Dilute (creatinine level is => 5
mg/dl)
Retest will be done unobserved
Negative Dilute (creatinine level is
between 2-5 mg/dl)
Retest will be done under direct
observation
Fatal Flaw / rejected
Retest will be done under direct
observation
Invalid result (without medical
explanation)
Retest will be done under direct
observation
Primary is positive adulterated/ substituted
and split is unavailable or invalid
Retest will be done under direct
observation
Page 7 of 9
Primary is positive and split test fails to
reconfirm
Test is considered Cancelled
Primary is adulterated/ substituted and
split fails to confirm adulteration/
substitution
Test is considered cancelled
Primary is positive and split fails to
confirm but is adulterated
Test primary for adulteration
F. Consequences - Employees who are found to be positive of drug/alcohol substance will
be immediately removed from performing safety sensitive functions.
1. An employee who is tested and has an alcohol concentration of 0.02 to 0.039 will
not be permitted to perform safety sensitive functions for a minimum of twenty-
four (24) hours and will be disciplined under City Policy. If a tested employee
has an alcohol concentration of 0.04 or greater, they will be terminated and
receive referral to a Substance Abuse Professional (SAP).
2. Employees and applicants with positive results will be terminated from
employment provided with information regarding SAPs.
3. An employee's refusal to submit to random testing when notified, or failure to
report to the lab within one (1) hour, will be considered a test refusal. All test
refusals (under DOT regulations) are considered positives and will be terminated
from employment under City Policy.
4. An employee's refusal to submit to reasonable suspicion testing will be considered
a test refusal. All test refusals (under DOT regulations) are considered positives
and the employee will be terminated from employment under City Policy. The
date the test refusal occurs will be the final work day of the employee and they
will not be eligible for discretionary benefits.
5. Applicants who refuse to test or who yield a positive test result, will not be
considered for employment.
G. Prescription and Over the Counter (OTC) medications - Some prescriptions and OTC
medications may adversely affect an employee's ability to perform their job safely.
Employees are responsible for discussing their job duties with their physician, expressly
if they are a DOT regulated employee. For more guidelines on OTC medications, please
refer to the City Drug and Alcohol Policy. An employee shall not report for duty
requiring the performance of safety - sensitive functions if they use any controlled
substance except when the use is pursuant to the instructions of a licensed medical
practitioner who has advised the employee that the substance will not adversely affect the
employee's ability to safely operate a commercial motor vehicle.
Page 8 of 9
H. Employee Admission of Drug/Alcohol Use - An employee who admits to alcohol misuse
or drug use must do so in accordance with the City's Drug and Alcohol policy, provided
the employee may not self identify in order to avoid the testing requirements of this DOT
Policy. The employee must make the admission prior to performing a safety sensitive
function (prior to reporting to duty). After admission the employee may not perform a
safety sensitive function until the City is satisfied that the employee has been evaluated
and has successfully completed educational and treatment requirements. A drug and
alcohol abuse evaluation expert, i.e. an EAP professional, SAP, or qualified drug and
alcohol counselor will determine successful completion. Prior to the employee
performing safety -sensitive functions, the employee must undergo a return to duty
alcohol test with a result of less than 0.02 and/or a return to duty drug test with a negative
test result.
I. Confidentiality - All information relating to alcohol or drug testing will be protected by
the City as confidential unless otherwise required by law or authorized in writing by the
employee. All results will be maintained in a confidential file within the Human
Resources Department.
1. Records will be released to subsequent employers with a written request from the
covered employee. Without the employee's written consent, records must be
released only to those who are authorized under DOT rules.
2. City employees who make a reasonable suspicion observation or who witness an
accident must also maintain confidentiality. Breach of confidentiality relating to
test results, or any other related matters, will likely result in disciplinary action, up
to and including termination of employment.
J. Records Retention - The City will maintain records under this policy as mandated by
DOT regulations.
K. Education and Training - Per DOT regulations, DOT regulated employees will receive a
minimum of 60 minutes of training on the effects and consequences of prohibited drug
use on personal health, safety, and work environment, and the signs and symptoms that
may indicate prohibited drug use.
DOT Supervisors and/or employees authorized by the employer to make reasonable
suspicion determinations will receive a minimum of 60 minutes of training on the
physical, behavioral and performance indicators of probable drug use and 60 minutes of
training on the physical and behavioral, speech, and performance indicators of probable
alcohol misuse. Supervisors must also be trained in the proper procedures for
confronting and referring the employee for testing.
This training will be conducted/coordinated by Human Resources.
L. Contact - Questions regarding this policy should be directed to the HR Generalist at 281-
652-1617 or the HR Director at 281-652-1656.
Page 9 of 9
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 3 - Conduct
3.14 — Possession of Dangerous Weapons
The City strives to provide a safe and secure working environment for its employees. This
policy is designed to help prevent incidents of violence from occurring in the workplace and to
provide for the appropriate response when and if such incidents do occur.
A. Zero Tolerance
Harassment, intimidation, threats, threatening behavior, violent behavior or acts
of violence between employees or such action between an employee and another
person that arises from or is in any manner connected to the employee's
employment with the City, whether the conduct occurs on duty or off duty, is
prohibited.
B. Weapons Control
Unless specifically authorized by the City Manager and Section 46.15 or the
Texas Penal Code, no employee, other than a City -licensed peace officer, shall
carry or possess a firearm or other weapon on City property. Employees licensed
by the State of Texas to carry a concealed weapon may have a permitted weapon
only on the City parking lot if it is locked in the employee's vehicle. Employees
licensed to carry concealed weapons must report to Human Resources their
identity and license plate numbers of all vehicles that the employee may park in
City parking lots. Employees are also prohibited from carrying a weapon while on
duty or at any time while engaging in City -related business. Prohibited weapons
include, but is not limited to firearms, clubs, explosive devices, knives with blades
exceeding 4 '/2 inches, switchblades, and the like. Employees do not have an
expectation of privacy and the City retains the right to search for firearms or other
weapons on City property.
C. Mandatory Reporting
Each City employee must immediately notify his/her supervisor, Department
Director, the Director of Human Resources and /or the Police Department of any
prohibited weapon.
Page 1 of 2
D. Protective Orders
Employees who apply for or obtain a protective or restraining order which lists
City locations as being protected areas must immediately provide to the Director
of Human Resources and the City's Police Department a copy of the petition and
declarations used to seek the order, a copy of any temporary protective or
restraining order which is granted, and a copy of any protective or restraining
order which is made permanent. City employees must immediately advise their
Department Director and the Director of Human Resources of any protective or
restraining order issued against them.
E. Confidentiality
To the extent possible, while accomplishing the purposes of this policy, the City
will respect the privacy of reporting employees and will treat information and
reports confidentially. Such information will be released or distributed only to
appropriate law enforcement personnel, City management, and others on a need -
to -know basis and as may otherwise be required by law.
F. City Property
For purposes of this policy, City property includes but is not limited to owned or
leased vehicles, buildings and facilities, entrances, exits, break areas, parking lots
and surrounding areas, recreation centers, swimming pools, and parks.
G. Documentation
When appropriate, threats and incidents of violence will be documented.
Documentation will be maintained by the Director of Human Resources and/or
the Police Department.
H. Policy Violations
Violations of this policy may lead to disciplinary action, up to and including
termination of employment. Policy violations may also result in arrest and
prosecution.
Page 2 of 2
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 3 - Conduct
3.15 — Employee Arrest
In the case of the arrest of a City employee, the following procedure should be followed:
1. Employees will ensure their supervisor is notified within twenty-four (24) hours
of the event and prior to returning to work.
2. Upon notification of the arrest by the employee, the Department Director/Division
Manager shall provide notification to the Director of Human Resources, the Legal
Department, and the City Manager.
3. If an employee fails to contact their supervisor, corrective action and/or
termination of employment will occur.
Employees who are unable to report to work because of arrest or incarceration must nonetheless
contact their supervisor and will be placed on unpaid personal leave of absence for up to two (2)
workdays/shifts. If the employee is unable to secure bail after two (2) workdays/shifts, the
employee will be considered to have abandoned their position. If the employee is freed on bail
the employee's Department Director, Director of Human Resources, and City Manager will
decide whether active employment is appropriate pending final disposition of the charges.
Page 1 of 1
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 3 - Conduct
3.16 — Positive Discipline
It is the goal of the City to emphasize quality and excellence in all aspects of City operations. As
such, the City's Positive Discipline process is designed to promote a high level of employee
discipline by correcting performance problems as they arise, building genuine employee
commitment to the organization, and encouraging and promoting the development of effective
working relationships between supervisors and their staff. The Positive Discipline process
focuses on effective and timely decision-making coupled with individual responsibility and
accountability.
The Positive Discipline process emphasizes an employee's responsibility and accountability for
his/her own behavior and actions by communicating an expectation of change and improvement
in a respectful, non -threatening way, while maintaining concern for the seriousness of the
situation. Key aspects include recognizing and encouraging good performance, correcting
performance problems through coaching and counseling, building commitment to high work
standards and safe work practices, and promoting excellence in the delivery of services.
A. General Provisions:
1. The Positive Discipline process covers all full-time and part-time
employees who have been employed with the City for more than six (6)
months except those employees with Civil Service status. Employees who
have worked for less than six (6) months, temporary employees, seasonal
employees and employees who report directly to the City Manager are
excluded from coverage.
2. Employees who are on an active step of discipline will be transitioned to
the equivalent step of the Positive Discipline process when the policy is
adopted by the City. It is understood that all employees on an active step
of discipline will have the opportunity to be placed on a Decision Making
Leave unless a subsequent disciplinary offense justifies dismissal.
3. The Positive Discipline process is designed to address problems in such
general areas as performance, conduct, behavior, attendance, and safety.
4. Each City supervisor and manager is responsible for communicating City
rules, practices, and expectations consistent with the guidelines set forth in
this policy.
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5. This policy is not to be considered an explicit or implied contract between
the City and any employee or group of employees. The City reserves the
right to adapt, modify, or abandon this policy at any time for any reason,
with or without advance notice to any employee.
B. Informal Discussions:
1. "Positive Contacts" are designed to recognize good performance and serve
to encourage staff to continue to perform their assigned tasks in an
exemplary manner. Employees can be recognized informally (e.g., "pat on
the back"), placing an employee on a special committee, providing
expanded training opportunities, etc.) or more formally with written
commendations (notes to the employee with copies to the City Manager,
etc.). All supervisors and managers are expected to review the
performance of subordinate employees regularly and conduct Positive
Contact discussions when appropriate. Positive contacts and other forms
of recognition should be noted in an employee's productivity file.
"Informal Coaching" advises an employee of the need to improve in one
or more specific areas. Generally, the outcome of a coaching session is not
documented in a formal memorandum to an employee; however,
supervisors are encouraged to make a note of this activity in an
employee's productivity file.
3. "Performance Improvement Discussions" are more serious conversations
about performance problems before the need for a formal step of
disciplinary action arises. During the meeting, the supervisor will inform
the employee that this is an informal discussion (i.e., not one of the three
(3) formal steps of disciplinary action) and seek to gain the employee's
agreement to change and correct the problem. Following the meeting, the
supervisor will document the discussion. He/she will provide the
employee with a copy of the discussion summary and a copy will be
maintained in the employee's file. The supervisor will provide positive
feedback when improvement occurs and document the improvement.
C. Formal Disciplinary Action:
The formal levels of disciplinary action (i.e., Level 1, Level 2, and Decision
Making Leave) represent increasingly serious and/or repetitive infraction(s) of
established policies, rules, guidelines, and/or directives.
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1. Level 1:
a) During the meeting the supervisor will inform the employee that
this meeting is a Level 1 meeting, which is the first formal step of
the City's Positive Discipline Process. The supervisor will seek to
gain the employee's agreement to change their behavior and return
to fully acceptable level of performance.
b) Following the Level 1 meeting the supervisor will complete a
discussion summary. The employee will be asked to sign the
summary to confirm the discussion took place. A copy of the
summary will be maintained in the employee's official personnel
file located in Human Resources and is active for six (6) months.
2. Level 2: Generally, there are three (3) situations or circumstances which
may cause a supervisor to conduct a Level 2 meeting:
o when a problem arises within a six (6) month period
following the issuance of an earlier Level 1 Meeting in the
same category, or
o after an employee has received a maximum of two (2)
Level 1 meetings for unrelated problems within a period of
six (6) months, or
o when a performance, conduct, or attendance problem is
sufficiently serious to require this level of discipline,
regardless of any previous coaching sessions or disciplinary
discussions.
a) After consultation with his/her immediate supervisor and Human
Resources Generalist/Director of Human Resources, the supervisor
will prepare for the meeting.
b) During the meeting, the supervisor will inform the employee that
this meeting is a Level 2 meeting, the second formal step of the
City's Positive Discipline Process. The supervisor will seek to gain
the employee's agreement to change their behavior and return to
fully acceptable level of performance.
c) Following the Level 2 meeting, the supervisor will summarize the
discussion, a copy of which will be given to the employee. The
employee will be asked to sign the supervisor's copy of the
summary to confirm that the discussion took place. A copy of the
summary will be maintained in the employee's official personnel
file located in Human Resources and remains active for nine (9)
months.
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3. Decision -Making Leave: Generally, there are three (3) situations or
circumstances which may cause a supervisor to conduct a Decision
Making Leave transaction with an employee under his/her supervision:
o when a problem arises within a nine (9) month period
following the issuance of an earlier Level 2 meeting in the
same category, or
o after an employee has had two (2) Level 2 meetings for
unrelated problems within a period of nine (9) months, or
o when a performance, conduct, or attendance problem is
sufficiently serious to require this level of discipline,
regardless of any previous coaching sessions or disciplinary
discussions.
a) After consultation with his/her immediate supervisor, and the
Human Resources Generalist/Director of Human Resources, (and
as applicable the Department Director,) the supervisor will prepare
for the Decision Making Leave transaction. During discussions,
the parties will determine the day on which the employee will be
placed on Administrative Leave and the manner in which the
employee's work will be covered on that day.
b) On the day of the meeting the supervisor will tell the employee that
he/she is being placed on a Decision Making Leave, the final step
of the City's Positive Discipline process. The supervisor will
advise the employee that immediately after the meeting concludes,
he/she is to leave the workplace. Additionally, the employee
should be instructed to spend the following day at home making a
final decision about whether he/she can solve the immediate
problem that triggered the Decision Making Leave and commit to
maintaining fully acceptable performance in every area of his/her
job and writing their proposed Performance Improvement Plan
(PIP) or, instead, to resign and seek employment elsewhere.
c) The employee will be told that he/she will be paid for the day of
Decision Making Leave and that if he/she returns with a
commitment to solve the problem and maintain fully acceptable
performance and another problem requiring disciplinary action
arises, he/she will be dismissed.
d) Upon returning to work, the employee must advise his/her
supervisor as to whether he/she has decided to solve the problem
and commit to fully acceptable performance in every area (and
submit their PIP), or, instead, resign. If the employee chooses to
resign, they are required to submit a resignation letter effective
immediately. If the employee decides to continue their
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employment, the supervisor will prepare a memorandum formally
advising the employee of the Decision Making Leave transaction,
including the notification that any further problem(s) requiring the
delivery of formal discipline will result in his/her dismissal. The
employee will be asked to sign the supervisor's copy of the
memorandum to confirm that the discussion took place. A copy of
the memorandum and the employee's PIP will be maintained in the
employee's personnel file.
A Decision Making Leave remains active for 12 months. An
employee who has been placed on Decision Making Leave is not
eligible to receive a performance-based increase during the
performance plan year in which the disciplinary action was
initiated.
D. Dismissal:
Within the parameters of the Positive Discipline process, a dismissal normally
occurs when the progressive steps of disciplinary action have failed to bring about
a correction in an employee's work performance, conduct, behavior, or
attendance. Dismissal is the appropriate action when a disciplinary problem re-
occurs within the 12 month active time period of a Decision Making Leave or
when a single offense is so severe that any other disciplinary action would not be
an appropriate remedy. The decision to dismiss an employee must be approved by
the Department Director/Human Resources/Legal.
E. Skipping Disciplinary Steps
The Positive Discipline steps outlined in this policy are not required to be
followed in sequence. Should an employee commit a serious offense, the
employee may be placed on Level 2 or Decision Making Leave or dismissed
immediately. Additionally, if an employee has a pattern of unacceptable
behavior/performance, even if unrelated, progression to a more serious step of the
Positive Discipline Process may be warranted.
F. Repeating Disciplinary Steps:
Generally, policy infractions or performance problems are classified into three
broad categories: (1) attendance, (2) work performance, and (3) behavior/conduct.
If an employee experiences problems in an unrelated area, he or she may receive
more than one (1) Level 1 or Level 2 Notice.
1. Because the Decision Making Leave requires a total performance decision
on the employee's part, an employee may receive only one (1) such
transaction in a twelve (12) month period. If a performance problem that
would normally result in the delivery of formal discipline (i.e., Level 1,
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Level 2, or Decision Making Leave) occurs within the twelve (12) month
period, the appropriate action is dismissal. However, the Department
Director or designee may consider any extenuating or mitigating
circumstances before making a decision to dismiss an employee. Any such
decisions should be made after consultation with the Department Director
and the Director of Human Resources.
2. Note: If an employee is on an active Level 2 and experiences a
disciplinary problem in an unrelated category, it is not appropriate to place
the employee on a Level 1 for that offense since he or she is already at the
Level 2. In this case a second Level 2 would be the appropriate sanction.
G. Dismissal Appeals:
All unclassified employees, other than Assistant City Managers, Department
Directors, Division Managers, and Superintendents, who have been notified of
their dismissal, may request a review of this action through the City's Appeal
process in Chapter 2 of this manual.
If an Assistant City Manager, Department Director or Division Manager or
Superintendent has been notified of their dismissal, they may request an appeal of
this action by the City Manager or his/her designee. To request an appeal, the
employee must notify Human Resources, in writing, within five (5) business days
of the receipt of the dismissal notice. The request should contain information and
any supporting material(s) which documents why the disciplinary action should
not be effectuated. Any request for review that does not comply with these
provisions will not be considered
The City Manager or his/her designee will provide the employee with a written
response no later than ten (10) business days following receipt of the review
request. The City Manager's (or his/her designee) decision in these matters is
final.
H. Other Action
Other forms of corrective and/or adverse employment action may be taken to
address the unique circumstances of individual cases. All disciplinary actions
taken must comply with applicable City policies and other applicable laws, rules,
and/or regulations.
I. Status
This Positive Discipline policy is not to be considered an explicit or implied
contract between the City and any employee or group of employees. The City
reserves the right to adapt, modify or abandon this policy at any time and for any
reason, with or without notice to any employee.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 4 — Salary Administration
4.00 — Work Week -Schedules
Hours of work for department employees are scheduled by the Department Director, with the
approval of the City Manager. The City Manager may at any time, upon appropriate notice and
for the interest of the City and the protection of the public welfare, alter the hours of work for
City employees.
Unless otherwise designated by the City Manager, the City has adopted a 40 -hour workweek
schedule for non-exempt employees. The workweek is designated as a seven (7) consecutive
day period beginning at 12:00 a.m. on Saturday, and ending at 11:59 p.m. on the following
Friday.
Unless otherwise designated by the Department Director with City Manager approval, There are
two (2) main work schedules for City full-time employees.
1. Those working a regular schedule have a seven-day workweek beginning at 12:00
a.m. on Saturday and ending at 11:59 p.m. on the following Friday. Employees
following the regular schedule work eight (8) hour days, forty (40) hours per
week.
2. Employees working a 9/80 schedule will have a workweek defined as beginning
on Friday at 12:00 p.m. (noon) and ending on Friday at 11:59 a.m. Employees
working a 9/80 schedule shall work eight (8) nine -hour days and one (1) eight-
hour day over a two-week period. 9/80 employees will have one (1) weekday off
(the "10th day") every other week due to the eighty (80) hours being performed
over a nine (9) day period. Each employee shall schedule his/her tenth (10th) day
with his/her supervisor in advance of the applicable pay period.
Any deviation from a non-exempt employee's working hours must be approved in advance by
the appropriate Department Director. Generally, working hours for non-exempt employees shall
be consistent from day to day and must be consistent and appropriate with the responsibilities of
the position, customer interfaces, and the needs of the department. Non-exempt employees are
not permitted to determine their own work schedule.
Emergencies may necessitate the suspension of defined work schedules, and will be announced
through the City Manager's office. Department Directors also have the authority to suspend
defined workweeks, other than the 40 -hour workweek, during holiday times or other peak
periods to insure there is no additional overtime and/or that service levels are maintained.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 4 — Salary Administration
4.01 — Hours of Operation and Attendance
A. There is an expectation of our customers that we provide services during normal business
hours Monday through Friday from 7:30 a.m. to 5:30 p.m. City offices are to be opened
for business at a minimum during this time period. Several departments have 24-hour
operations and provide services around the clock. Expanded hours of work for
employees normally scheduled Monday through Friday, may also provide better
customer service to citizens.
B. Departments that intend to expand their hours to the public will need to obtain approval
from their Assistant City Manager or City Manager, since this may impact other
departments within the same building.
C. The Department Director shall determine working hours for part-time, seasonal and
temporary employees, and shall inform employees of their daily schedule of work hours,
including meal periods and changes in the work schedules, that are considered necessary
or desirable by the City.
D. Whenever possible, offices shall remain open during the meal period (typically between
11:00 a.m. and 2:00 p.m.) and lunch periods of employees may be staggered according to
specified requirements.
E. The City expects all employees to practice good attendance habits. All employees should
regard coming to work on time, working their shift as scheduled and leaving at the
scheduled time as essential functions of their jobs (i.e., good attendance habits are an
integral part of every employee's job description.) Non-exempt employees are expected
to work the full work period established. Exempt employees are expected to be at work
or accessible at such times as will permit them to perform their duties efficiently and to
serve the public and assist co-workers in a timely manner. Among other things, good
attendance habits include the following:
• Arriving at work no later than the start of the shift.
• Being at the assigned workstation ready for work by the start of the shift.
• Remaining at the assigned workstation unless the needs of the job require
being elsewhere, except during authorized breaks (including restroom
breaks.)
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• Taking only the time normally allowed for breaks/lunch.
• Not leaving work until the scheduled end of the shift unless given advance
authorization by the supervisor or Department Director.
• Calling in and personally notifying the supervisor or another member of
management if it is necessary to be either absent or tardy, unless a
verifiable emergency makes it impossible to do so.
F. Department Directors, at their discretion, may allow non-exempt employees to make-up
lost time during a given workweek. However, make-up time will not be allowed if the
lost time is the result of conditions the employee could control, if there is no work the
employee is qualified to do, or if supervision is not available. Time records are to reflect
an accurate account of hours worked.
G. Variations in work hours may be permitted with approval, in writing, by the Department
Director, however, the written approval shall be submitted to Human Resources for
retention, and shall remain in effect until written notification of a change is provided. All
changes in work schedules shall be announced to the employee and Human Resources as
far in advance as practicable.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 4 - Salary Administration
4.02 — Emergency -Inclement Weather Compensation
Regardless of weather or other conditions, the City never closes. Because of the essential and
direct impact on public safety and health, essential City services must continue regardless of the
weather, man-made or technological emergencies or disasters. Emergency Essential Personnel
are required to report to work as scheduled or as needed, regardless of official delayed opening,
early closing or closure of City facilities. This section outlines how compensation will be
handled under emergency -inclement weather conditions.
A. Emergency Essential Personnel
1. During an Emergency Period, Non -Exempt "Emergency Essential Personnel"
who are authorized to perform work for the benefit of the City shall be paid at a
rate of one and one-half times (1.5x) the base rate pay for normally scheduled
hours, and one and one-half times (1.5x) for all hours worked outside of their
regular scheduled work hours when other employees are on emergency paid
administrative leave. When the City Manager declares that it is safe for all
employees to return to work these employees will be paid according to the normal
pay policy.
2. During an Emergency Period, Exempt "Emergency Essential Personnel" who are
authorized to perform work for the benefit of the City shall be compensated by
receiving their regular pay and/or compensatory time (hour for hour) for all hours
worked in excess of their normal work hours during the Emergency Period. The
rate of pay for such additional hours worked shall be equivalent to the exempt
employee's hourly rate. Any compensatory hours accumulated must be utilized
within one (1) year from the date the time was accrued. Each department will
provide the appropriate documents to record their hours worked.
3. All other policies concerning remuneration shall comply with the City's
Employee Manual and appropriate Federal and State laws.
B. Emergency Non -Essential Personnel
In the event the City Manager determines that the conditions are such that the City
must delay the opening of City facilities, the following shall apply to "non-exempt"
Emergency Non -Essential Personnel for time and pay administration:
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1. Employees authorized to leave work due to closed facilities will be on emergency
paid administrative leave.
2. Emergency paid administrative leave will begin when the employee is dismissed
by the City Manager through their Department Director and will continue until the
City Manager declares it safe for all employees to return to work.
3. Hours earned during emergency paid administrative leave shall not count as
"hours worked" for the purposes of calculating overtime that may be earned
elsewhere in that week.
4. Employees arriving to work at the designated delayed opening time will be paid
for their regular full workday.
5. Employees arriving to work after the designated delayed opening time will be
paid for the time actually worked, plus the delay in opening. (Ex: Delayed
opening is 10:00 a.m. Employee arrives at 12:00 noon. Assuming employee does
not take a meal break. Employee is paid from 12:00 p.m. to 5:00 p.m., 5 hours,
plus the 2 hours comp for the delay, giving them a total of 7 hours regular pay.)
Employees may choose to supplement any additional lost time with previously
accrued compensatory time or vacation time.
6. Employees that do not report for duty may use their accrued compensatory time
or vacation time to account for their missed time. They are not eligible for the
City -paid delay. If an employee fails to show for work or cannot show up for
other reasons, the time lost will be Leave Without Pay, unless other paid leave
(vacation or compensatory) is approved by the Department Director.
7. Sick Leave cannot be used to make up any lost time caused by delayed opening or
early closing of City facilities.
During the Emergency Period, Exempt "Emergency Non -Essential Personnel" who are
released from their normal workday by the City Manager/Department Director and are not
required to report back to work due to the emergency event shall receive regular pay for their
normal scheduled workday.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 4 — Salary Administration
4.03 — On -Call and Call -Back
ON-CALL
The City 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 outside their normal work hours. When an
employee is expected to remain available for call-back, they are considered to be "on-call".
Employees designated by their supervisors to be "on-call" will receive one (1) hour of pay at the
regular rate of pay for the day they are assigned an "on-call" status, regardless of whether or not
they are actually "called back". Employees scheduled to be "on-call" shall be provided a
communication device to allow freedom of movement during this period.
The time an employee is designated to be "on-call", they are free to pursue personal activities,
but are prohibited from consuming alcohol, or any other substance that may impair the
employee's ability to perform their duties in a safe and capable manner. Employees assigned to
be "on-call" must respond to a call-back within designated guidelines set by the Department
Director or designee. If the employee is impaired and cannot perform their duties in a safe and
capable manner, the employee will be regarded as "absent" from a work assignment and is
subject to discipline, up to and including termination of employment.
CALL BACK
When Call -Back occurs, non-exempt employees shall be granted a minimum of two (2) hours of
"call-back" pay for reporting back to work outside of their normal working hours. When the
employee works beyond the two (2) hour call-back period, they shall be paid for the full amount
of hours worked, to the nearest quarter hour. If the employee is called back, finishes the job in
less than two (2) hours, returns home and is later called back a second time, beyond the original
two (2) hours, an additional two (2) hours shall be paid. If however, the employee is still working
during the first call-back, or the employee is in route to their home but has not yet arrived and is
within the initial two (2) hour period, the time shall be considered part of the original call-back,
and shall not entitle the employee to an additional two (2) hours. If an employee is called back
to work and is able to accomplish what is necessary via phone, computer, etc., without having to
physically return to the site, they will be compensated one (1) hour for the time it took them to
accomplish the task in lieu of the automatic two (2) hour rate.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 4 — Salary Administration
4.04 — Methods of Pay
A. Bi -Weekly Payroll
The City operates on a bi-weekly payroll system and paychecks are issued 26 times a
calendar year, except every seven (7) years, there are 27 pay periods.
Payroll funds are guaranteed on the official payday.
B. Direct Deposit
Direct deposit offers a cost-effective way of ensuring that all employees are paid in a timely
manner. Therefore, all employees are required to have direct deposit for their paycheck.
C. Pick up of Check Stubs
Check stubs may not be released to anyone but the employee except with written
instructions, which contains the original signature of the employee. All check stubs not
distributed to an employee must be returned to the Finance Department.
D. Errors in Pay
It is the employee's responsibility to notify their immediate supervisor if the employee
detects errors in a paycheck. This includes over and under payments, errors in deductions,
and other information that would cause a discrepancy in the net or gross income of the
employee. If an error occurs which results in an overpayment to an employee, the employee
will be required to reimburse the overpayment to the City. If possible, this reimbursement
will be deducted in full from the employee's next paycheck. If the error occurs on the
employee's final paycheck, corrections must be made in cash or cashier's check. If the error
results in underpayment, the Finance Department will rectify the problem as soon as
possible, if not the employee's error, or no later than the next regularly scheduled pay period
if it is the employee's error.
E. Change in Status Affecting Payroll
If there is a change in the employee's family status, address, or other factor affecting their
payroll withholding, the employee is responsible for obtaining, completing, and returning the
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appropriate forms communicating these changes to the Human Resources Department within
thirty (30) days of the occurrence.
F. Final Checks
1. If an employee separates from the City voluntarily, the final check will be processed on
the next pay period. If an employee separates from the City involuntarily, the final check
will be processed within 72 hours from the last day of employment.
2. Final paychecks will not be directly deposited and must be picked up in the Finance
Department or mailed to the employee. Final checks will not be released to anyone but
the employee unless written instructions signed by the employee state otherwise.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 4 — Salary Administration
4.05 — Overtime/Compensatory Time
Executive, administrative, and professional employees as defined by the Fair Labor Standards
Act (FLSA) are exempt from the overtime provisions of the FLSA, 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.
Overtime compensation is paid to all non-exempt employees in accordance with federal and state
wage and hour requirements.
Sick leave, bereavement leave, and jury duty will not be considered as hours worked in the
calculation of overtime. At no time will administrative leave be calculated towards overtime. In
order for a City -observed holiday to be considered hours worked in the calculation of overtime,
an employee must actually work the City -observed holiday.
Non -Exempt Employees
When the City's operating requirements or other needs cannot be met during regular working
hours, non-exempt employees may be scheduled to work overtime, at the request of their
supervisor. When possible, advance notification of mandatory overtime assignments will be
provided. Overtime assignments should be distributed as equitably as practical to all non-exempt
employees qualified to perform the required work. Refusal or other failure to work mandatory
overtime may result in disciplinary action, up to and including termination of employment.
Overtime work is otherwise subject to the same attendance policies as straight time work.
All non-exempt employees must receive their supervisor's authorization before performing any
overtime work. This means employees may not begin work prior to their scheduled workday,
and may not continue working beyond the end of the scheduled workday, without prior
authorization from the appropriate supervisor. Similarly, employees may not work through their
lunch break without prior authorization from the appropriate supervisor. Non-exempt employees
who work overtime without receiving proper authorization may be subject to disciplinary action,
up to and including termination of employment.
Non-exempt employees shall be paid at the rate of one and one-half (1-1/2) times their regular
rate of pay for all actual hours worked over 40 within the seven (7) day work period.
Accumulation and Use of Compensatory Time
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Compensatory time must be provided in accordance with an agreement or understanding
between the employer and the employee. Finance shall maintain all compensatory time records.
Limits of Accrual
Non-exempt employees may accumulate up to 120 hours of unused comp time (80 hours of
actual overtime hours worked) in a comp time bank. 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 maintains the right to require
employees to use their comp time during periods when the workload is light. Requests to sell
compensatory time must be submitted in writing and approved by the Department Director, the
Director of Finance, and the City Manager.
Cashing Out Accrued Compensatory Time
In addition to the circumstances described in "Limits of Accrual" section, there are three (3)
other situations in which the City will "cash out" hours that have accumulated in an employee's
comp time account:
• Upon termination of the employment relationship, the compensatory time account shall
be "cashed out".
• When an employee is promoted from a non-exempt position to an exempt position he/she
will be paid in full for any comp time accrued before the promotion becomes effective
(note: Exempt employees are not eligible to accrue compensatory time).
• If the City (to be determined by the Finance Department) requires non -classified, non-
exempt employees to "cash out" their comp account to a balance of no less than 20 hours
on an annual basis.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 4 — Salary Administration
4.06 — Education and Certification Pay
The City of Pearland has established an educational assistance program to help eligible
employees develop their knowledge, skills, and abilities, and upgrade their performance.
Academic Education Pay
All regular full-time employees who, at the time of application for assistance have
completed a minimum of one (1) year of continuous service are eligible to participate in
the program.
Under this program, the City of Pearland hopes to encourage upward mobility, employee
development, and excellence of performance by sharing the expense of approved courses
and educational programs offered by accredited colleges, universities, secretarial, and
trade schools.
The City of Pearland will assist those regular full-time employees who have complete
one year of continuous service with the City, and who desire to obtain a General
Education Diploma (GED). Fee(s) for the initial GED exam, training courses, materials,
and reimbursement of the base fee and up to two (2) subsequent exams, if necessary, will
be considered. The employee shall attend training courses on his/her own time, and if
convenient, may take accrued vacation leave to study and/or take the exam(s).
The employee must submit a written request approved through his/her appropriate chain
of command to Human Resources. The GED trainer will provide the schedule of training
courses and exam dates throughout the year and keep the appropriate
supervisor/department head abreast of the employee's progress.
Continued assistance in obtaining the GED is at the discretion of each department based
on employee initiative, effort, and need.
Other educational assistance must be, in the opinion of the department head and City
Manager, directly related to the essential functions of an employee's present job or in line
with a position that the City of Pearland believes an employee can reasonably achieve.
Employees making application for educational assistance must be able to describe the
applicability of the courses sought to the essential functions of the position.
Courses must be required as part of a degree plan, course of study, or other program
determined to be in the best interest of both the City and the employee, must not interfere
with the employee's job responsibilities and must be taken on the employee's own time.
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Tuition reimbursement does not include books, tools, and/or supplies. Mandatory fees
will be reimbursed as part of the tuition rate charges if those fees do not relate to items or
services that are retained or continue on after completion of the course.
The availability of tuition reimbursement is subject to approved funding levels. The total
amount of annual tuition reimbursement to be considered, not to exceed $3,000 in a
calendar year, will be based on the following schedule for undergraduate courses
completed:
Grade Received Amount of Reimbursement
A 100%
B 75%
C 50%
D 0%
Courses that give only a pass/fail grade will pay 75% for "Pass" (i.e., computer courses,
etc.)
In the event an employee is working on graduate courses, the maximum reimbursement
amount to be considered is $5,000 per calendar year and will be reimbursed as follows:
Grade of "A" 100%
Grade of "B" 75%
Below "B" 0%
Successful completion (no grade) 90%
The City makes no commitment to provide for all courses leading to a degree.
Employees eligible for reimbursement from any other source (e.g., a government-
sponsored program or scholarship) may seek assistance under the City's educational
assistance program. However, employees shall only be reimbursed for the difference
between the amount received from the other funding source and the actual course cost, up
to the maximum reimbursement allowable under this policy based on the grade received.
Employees must sign an acknowledgement that the total amount of education assistance
shall be reimbursed to the City if the employee leaves the City of Pearland's employ for
any reason within 24 months following the date of reimbursement.
To be eligible for reimbursement, an employee must:
Submit an Application for Educational Assistance form to their supervisor prior to
beginning the course(s);
Receive advance written approval from the supervisor;
Page 2 of 4
Submit the Application for Educational Assistance with approval from Supervisor to
Human Resources. Human Resources will verify that the employee has completed a
minimum of one (1) consecutive year of service, that the last two (2) performance
appraisals have been in the competent range or higher, and that at the time of course
completion, the employee remains actively employed).
Upon completion of the course, an employee must submit to the Human Resources
Depai tment, the official transcript from the accredited school indicating the grade
received, and a receipt or other proof of payment from the educational institution.
Certification Pay
It is the City's Policy to encourage its employees to participate in advanced training.
Professional development is important to employees and is an overall benefit to the
operation of the City. Levels of training and certification for professional development
should be recognized. It is therefore the intent of this policy to establish criteria by
which compensation for certificates is provided. The City may choose to change an
employee's pay rate based on the employee receiving a certification(s) and/or academic
degree(s) for their position.
In order to receive "certification pay", the certificate must be earned and used within the
employee's work responsibilities and must not be a minimum requirement for their
position. Should an employee transfer to a department where the training becomes
applicable, the employee may then be eligible for certification pay. Certification pay
may also be forfeited if a transfer places the employee where previous training is not
applicable.
Certification pay will only begin upon presentation of original documentation by an
employee to the Human Resources Director.
Should certification lapse, it is the employee's responsibility to immediately notify the
Human Resources Director.
All certification plans are subject to and contingent upon City Council approval of an
annual budget that funds these incentives. Certification pay is provided to all eligible
full-time, regular employees as outlined in this policy. Employees shall receive payment
as outlined in the schedule below.
Department/Division
Animal Control
EMS
Certification/Degree/Other Amount
DHS Administrative
NACA Levels 1-3 (cumulative)
NEC Levels 1-2 (cumulative) $
Certified Euthanasia Technician
EMT -I Credential Pay
Paramedic Credential Pay
FTO Credential Pay
Page 3 of 4
$ 25.00 per month
$ 10.00 per month
$ 10.00 per month
$ 25.00 per month
$1.00 per hour
$2.00 per hour
$2.00 per hour
Field Training Officer
Associate's Degree *
Bachelor's Degree *
Master's Degree *
$ .75 per hour
$1,200 per year
$1,800 per year
$2,400 per year
* In EMS, annual amounts are divided by the number of pay periods per year (paid bi-
weekly.)
Fire Marshal
Intermediate
Advanced
Master
Employees in the Fire Marshal's Office who hold one (1) of the c
for TCLEOSE (police), Fire Inspector, Fire/Arson Investigator,
eligible for certification pay. If the Fire Marshal's office employee
certifications, add the following:
Police
Associate's Degree
Bachelor's Degree
Master's Degree
TCLEOSE Intermediate
TCLEOSE Advanced
TCLEOSE Master
$ 50.00 per month
$ 75.00 per month
$100.00 per month
ertificates listed above
or Firefighter will be
holds one of the above
$100.00 per month
$150.00 per month
$200.00 per month
$ 50.00 per month
$100.00 per month
$150.00 per month
If the officer holds one of the above certifications, the following may be added:
Public Works
Associate's Degree
Bachelor's Degree
Master's Degree
WW Treatment - Class "A"
WW Treatment - Class "B"
WW Treatment - Class "C"
Groundwater - Class "B"
Groundwater - Class "C"
Water Distribution - Class "C"
WW Collection - Class III
WW Collection - Class II
$100.00 per month
$150.00 per month
$200.00 per month
$ .43 per hour
$ .29 per hour
$ .14 per hour
$ .29 per hour
$ .14 per hour
$ .14 per hour
$ .29 per hour
$ .14 per hour
The Application for Educational Assistance form is available in the Human Resources
Department and on the City Hall server under "HR Forms".
Page 4 of 4
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 4 — Salary Administration
4.07 - Interim/Step-Up Pay
The City recognizes that there are times when an employee is asked to perform duties and handle
responsibilities of a position in a higher classification. It is for these times that this policy is
created.
A. Step -Up Pay
Step-up pay applies only to non-exempt employees in certified public safety positions
(Police, Fire, EMS) who are temporarily assigned to perform the full range of duties of a
higher -classified position on a short-term basis due to the absence of an employee in a
higher -classified position or the vacancy of such position. When an employee assumes
said duties, their pay will move immediately to step one (1) or 5% above their current
salary, whichever is higher. For every hour the employee serves in the higher
classification, they will receive the higher pay.
B. Interim Pay
Interim pay applies when an employee is performing the full range of duties of a higher
position such as when there is a vacancy of a position. An employee, acting in said
capacity, will receive an increase in pay in the amount of 5% of one (1) salary range or
10% for two (2) salary ranges, or the minimum of the range of the position, whichever is
greater. The salary increase will begin immediately.
At the completion of the interim period, the employee's salary will be reduced to the
amount they were receiving prior to the increase along with any
merit/performance/COLA increases that may have occurred during the interim period, for
serving in an interim capacity. It is the supervisor's responsibility to return the employee
to their previous position and rate of pay by the end of the pay period in which the status
changes occur.
Page 1 of 1
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 4 — Salary Administration
4.08 — Raises
Funding for salary plan adjustments are determined by the City Council and the City Manager
through the budget process. Once direction has been given with regard to a salary plan
adjustment the Finance and Human Resources departments will coordinate the implementation.
Merit increases will not be applied until three (3) to six (6) months as determined by the
Department Director for any City employee who within the six (6) months immediately
preceding the effective date of the salary plan adjustment increase has either i) received any
discipline more severe than a written reminder or ii) received an overall performance evaluation
rating less than satisfactory or iii) is still in their new hire probationary period. The City
Manager or the City Manager's designee shall have the authority to adopt detailed rules
governing the implementation and administration of this Section provided the rules are consistent
with this Section.
Page 1 of 1
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 4 — Salary Administration
4.09 — Classifications — Pay
A. POSITION CLASSIFICATION SYSTEM
The City maintains a position classification system for all workers in an effort to apply
sound principles of measurement to determine an internally equitable market value of
each position in the City. The request for new classifications will occur during the
budget process each year, unless an exception is made by the City Manager.
B. RECLASSIFICATION
1. Each year during the budget process each department will be given the
opportunity to make requests for reclassifications. Only on rare occasions will
requests be made outside the budget process be approved.
2. The reclassification of a position is defined as an existing position that is currently
within the salary structure that needs to be placed into a new classification (i.e.,
moved to a new salary range) due to:
• A change in essential job functions (i.e., duties and responsibilities), or
• A change due to market conditions.
3. A position can be reclassified either up or down the salary structure depending on
the addition or reduction of essential job functions and/or market conditions.
4. Incumbents in positions that are reclassified upward due to a change(s) in the
essential position functions resulting in the position moving to a higher salary
range shall receive a 5% pay increase for a one (1) salary range adjustment or
10% for two (2) salary ranges or more, or be placed at the minimum of the new
salary range, whichever is greater.
5. Incumbents in positions that are reclassified upward due to market conditions
resulting in the position moving to a higher salary range shall be placed in the
new salary range with no added adjustment unless the incumbent's salary is below
the minimum of the new salary range.
Page 1 of 2
6. If a reclassification study indicates that a position shall be classified at a lower
salary range, the incumbent(s) shall remain at the current salary, unless otherwise
determined by the City Manager.
7. Title changes and minor changes in job descriptions may not warrant a change in
classification.
8. An incumbent shall not be paid less than the minimum nor more than the
maximum when a reclassification changes a position's salary range unless
approved by the City Manager.
9. Due to the nature of a reclassification, such position(s) do not require posting to
recruit applicants whether internally or externally.
Page 2 of 2
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 5 — Benefits
5.00 - Longevity
All regular City employees employed full time for a minimum of thirteen (13) months shall
receive $4.00 per month per year of service, up to a City designated maximum. Longevity pay
shall be paid once annually at a time determined by the City. Longevity pay is subject to TMRS
and income tax withholding.
In computing such actual continuous service, time spent on authorized absence for military leave
to serve in the Armed Forces of the United States shall be included and time spent on any other
authorized absence that does not exceed three (3) months shall be included. If an authorized
non-military leave exceeds three (3) months, that portion exceeding three (3) months shall not be
counted in computing actual continuous service for the purpose of calculating longevity pay.
An employee who leaves the service of the City must have worked through the fifteenth (15`h)
day of the month in order to earn longevity pay for that month.
An employee who leaves the service of the City shall be deemed to have only accrued longevity
pay at the rate of $4.00 per month for each month of employment since the last day that the City
paid longevity pay to all employees.
Page 1 of 1
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 5 — Benefits
5.01 - Holidays
It is the policy of the City to designate and observe certain days each year as holidays. If a full-
time regular employee is currently at work and/or on an approved leave of absence with pay the
day before and the day after a holiday, the employee will receive pay for the holiday.
If a holiday falls within a scheduled paid vacation period, the employee shall receive holiday
pay, in lieu of vacation pay. Holidays will not be paid during any period of leave without pay.
The City has designated the following dates/days as holidays to be observed:
New Year's Day
Martin Luther King Jr. Day
Good Friday
Memorial Day
Independence Day
Labor Day (September 1
Memorial Holiday (Fire only)
Thanksgiving Day
Christmas Eve
Christmas Day
*Designated Holidays
January 1
3rd Monday in January
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 personal days, referred to as
designated holidays, the date of
which are to be determined on an
individual basis between the
supervisor and the employee.
Holidays shall be specified each year by the City Manager and all City offices shall be closed on
those specified days, with the exception of those in emergency categories or where services are
otherwise required. Typically, a holiday falling on a Saturday will be observed on the preceding
Friday and a holiday falling on Sunday will be observed on the following Monday. The City
reserves the right to change, add, and/or delete a holiday.
*In addition to providing paid time off for the City -observed holidays, the City 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
probationary period and must be taken in increments of no less than one (1) hour, or no more
Page 1 of 3
than twelve (12) hours depending on the employee's regularly assigned schedule/shift.
Designated holidays are available from October 1 through September 30 and do not carry over
from year to year and are not payable upon separation of employment.
All City -observed holidays, including designated holidays, shall be paid, taken, or accrued in
increments consistent with the employee's regular assigned schedule/shift with the exception of
employees on a 24-hour shift. For example:
• 8 hours for employees working an 8 -hour per day schedule
• 9 hours for employees working a 9/80 schedule (except when the holiday falls on
their 8 -hour day)
• 10 hours for employees working a 10 -hour per day schedule
• 12 hours for employees working a 12 -hour per day schedule
• 12 hours for employees working a 24-hour shift
• 12 hours is the maximum amount the City allows for holiday pay
A full-time, non-exempt employee who works a City -observed holiday shall:
1. Be paid for the time worked, and in addition receive pay for the holiday (see chart
above). Hours actually worked beyond an employee's assigned schedule/shift will be
included in the calculation of overtime for that week.
OR
2. With the approval of the Department Director, accrue the holiday at the regular rate to
be utilized within 90 days from accrual.
When a City -observed holiday falls on a full-time EMS employee's shift or a full-time 24-hour
Fire employee's shift, regardless of whether the employee works a 12- or 24-hour shift on a City -
observed holiday, they will be paid for the time worked and in addition, receive pay for the
holiday. Hours actually worked beyond an employee's assigned schedule/shift will be included
in the calculation of overtime for that week.
When a regular full-time, non-exempt, forty hour per week employee's scheduled day off occurs
on the same day as a City -observed holiday, the Department Director may choose to give that
employee an alternate day off within the next 90 days, or pay the employee for the missed
holiday.
Regular full-time EMS employees who are assigned a 12- or 24-hour shift and regular full-time
Fire employees who are assigned a 24 hour shift and who have a scheduled day off that occurs
Page 2 of 3
on the same day as a City -observed holiday, will receive 12 hours holiday pay at their regular
base rate of pay.
When a City -observed holiday and a 9/80 employee's regular scheduled day off occur on the
same day, the 9/80 employee may 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 be
compensated for the hours worked, which may lead to overtime for that week.
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.
Page 3 of 3
CITY OF PEARLAND
EMPLOYEE HANBOOK
Chapter 5 — Benefits
5.02 - Vacation
It is the policy of the City of Pearland to provide for annual vacations with pay to regular
full-time employees in accordance with the guidelines established in this section.
Employees may not take paid vacation until they have actually earned the vacation.
All regular full-time employees shall be entitled to paid vacation leave based on their
length of service with the City of Pearland and the date of hire. Regular full-time
employees hired prior to October 1, 2005 will continue to accrue vacation hours as
follows:
From
1 s` ?year anniversary
16`' year anniversary
20`h year anniversary
To the Completion of Annual Vacation
the 15`h year 120 hours
the 19th year 160 hours
employment 200 hours
Employees hired prior to October 1, 2005 will continue to accrue vacation time during
the first year of employment, however, no paid vacation shall be allowed until the
completion of the first year.
Regular full-time employees hired after October 1, 2005 are entitled to vacation hours as
follows:
From
Hire Date
2nd year anniversary
7th year anniversary
16th year anniversary
To the Completion of Annual Vacation
1st anniversary 80 hours*
the 6th year 80 hours
the 15th year 120 hours
employment 160 hours
* (After a successful completion of the probationary period, these employees
[only] are eligible to use up to 40 hours prior to their first anniversary).
Effective September 2011, regular full-time 24 hour shift firefighters hired after October
1, 2005, are entitled to vacation hours as follows:
From
Hire Date
2nd year Anniversary
7th year Anniversary
16`h year Anniversary
To the Completion of
1st Anniversary
the 6th year
the 15`h year
employment
Page 1 of 3
Annual Vacation
168 hours*
168 hours
241 hours
312 hours
*(After a successful completion of the probationary period, these employees (only) are
eligible to use up to 84 hours prior to their first anniversary. 40 hour/week certified
firefighters shall receive 120 hours or annual vacation until their 16th year anniversary.
From that day until the completion of their employment they shall receive 160 hours).
Employees are strongly encouraged to use their accrued vacation. Generally, employees
must submit vacation plans to their supervisor at least four weeks in advance of the
requested vacation date.
Management reserves the right to determine when some or all vacation time is taken.
Supervisors are responsible for ensuring adequate staffing levels and should attempt,
when feasible, to resolve conflict based on length of service. An employee, who wants to
change their vacation plan(s) after a schedule has been set, shall lose their seniority
consideration.
Employees who are unable to use their allotted vacation time due to departmental
scheduling or staffing problems may, with the approval of the City Manager, receive
compensation for half the remaining balance up to a maximum of forty (40) hours,
whichever is less. For example, an employee with a remaining balance of forty (40)
hours may sell twenty (20) hours; an employee with a remaining thirty-five (35) hours,
may sell 17.5 hours. Requests to receive compensation in lieu of vacation should be made
on the City's official request form and submitted to Human Resources no sooner than six
(6) weeks of pending anniversary date. Employees may not carry over unused vacation
from one year to the next. Regular full-time 24 hour shift firefighters who are unable to
use their allotted vacation time due to departmental scheduling or staffing problems,
may with the approval of the City Manager, receive compensation for half the remaining
balance up to a maximum of 56 hours, whichever is less.
Employees who are entitled to a vacation of one -hundred twenty (120) hours may take
their full vacation at one time. Those who are entitled to a vacation of more than one -
hundred twenty (120) hours may take a maximum of three (3) weeks consecutively, with
the balance to be taken separately as full weeks or as individual days. Regular full-time
time 24 hour shift firefighters who are entitled to a vacation of 168 hours may take their
full vacation at one time. Firefighters who are entitled to a vacation of more than 168
hours may take a maximum of 168 consecutively, with the balance to be taken separately
as individual shifts.
In the event that a City observed holiday falls within a scheduled vacation period, the
hours for that holiday will not count as vacation hours. Vacation time may be taken in
hourly increments as long as the period selected meets with departmental approval and is
recorded as hours. Increments of less than one (1) hour may not be taken as vacation.
Other than a military leave of absence, all employees on a leave of absence are required
to use all accrued paid vacation time as part of the leave. In addition, employees on
unpaid leave of absence will not accrue any new vacation time during the leave.
Page 2 of 3
Payment in lieu of vacation will be made for unused accrued vacation at the time of
separation, in the event that separation requirements are met.
An employee holding a Classified position in the Pearland Police Department will earn
fifteen (15) working days vacation with pay each year. When a Classified employee has
been regularly employed in the department for at least one year, they shall be entitled to
use their accrued vacation.
The Chief of Police, or his/her designee, shall designate the days of the week during
which a member of the department is not required to be on duty and the days during
which the member is allowed to be on vacation (Chapter 142.0013 of the Local
Government Code).
Classified Police hired after October 1, 2005 are entitled to earn a minimum of fifteen
(15) working days vacation leave with pay after the first year, as determined by Chapter
143 of the Local Government Code, up to their 16th anniversary at which time they will
be entitled to 160 hours.
Page 3 of 3
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 5 — Benefits
5.03 - Sick Leave
It is the policy of the City 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 will provide compensation according to the guidelines below.
Sick leave should be treated as a form of insurance and not as extra days off from work
and should never be abused. 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:
An employee may use sick leave:
• For the employee's non -work related illness or injury that prevents the
employee from working;
• To receive medical care from a physician, dentist, or other health care
provider;
• To care for an employee's "spouse" (including a significant other living in the
same household), "child" (including a child by birth, foster care placement, or
adoption), or "parent" (including biological parent or an individual who stands
or stood in loco parentis), as those terms are defined by the Family and
Medical Leave Act of 1993, (FML) who is ill or injured or needs assistance in
receiving medical care from a physician, dentist, or other health provider;
Exceptions to those listed above must have documentation and be approved through the
employee's chain of command and by the Department Director and Director of Human
Resources.
Using sick leave for purposes other than those authorized by this policy is just cause for
disciplinary action up to and including termination of employment. The use of sick leave
time is not counted as time worked under the FLSA.
Regular full-time employees accrue sick leave at the rate of ten (10) hours per month to a
maximum of 120 hours per year. Regular full-time 24-hour shift firefighters accrue sick
leave at the rate of fourteen (14) hours per month to a maximum of 168 hours per year.
New employees are not allowed to use paid sick leave until they have worked ninety (90)
days of continuous employment. Employees on unpaid leave for a period exceeding 15
days will not accrue vacation and/or sick hours.
Page 1 of 3
In order to receive paid sick leave, an employee shall communicate with his/her
immediate supervisor or Department Director at least one (1) hour prior to start of the
regular work day on each day of absence, unless extended medical leave, such as FML,
has been requested, properly submitted, and granted by Human Resources as an
authorized "serious health condition". If the employee reports to the supervisor in
advance that there has been an emergency, or that they are ill and cannot report for on-
call or call-back, the "absence" may be waived.
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 leave. Verification of illness by a doctor shall be required for all instances of illness
exceeding three (3) consecutive workdays or two (2) consecutive 24-hour shifts.
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 and may result in disciplinary action up to and including termination of
employment.
Employees may be required to submit a physician's statement for any claimed illness or
injury causing an absence from work. Department Directors are authorized to make any
investigations of benefits claimed under this rule which they may deem necessary and to
disapprove any claims not properly substantiated.
When an employee's accrued sick leave has been exhausted, the unused accrued leave of
the employee will be used as sick leave. When absence due to illness exceeds the total
amount of paid leave earned and authorized, the pay of an employee shall be
discontinued. Earned sick leave accruals must be exhausted prior to taking unpaid leave.
If an employee goes on unpaid leave status which includes unpaid workers compensation,
leave of absence (whether leave is available or not), unpaid or supplemental active
military duty pay, or catastrophic leave, sick leave will not continue to accrue until 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.
Sick leave to be paid out at separation of employment is based on the criteria and table
below:
• The employee has been employed for a minimum of one (1) year;
• The employee provides a 2 -week notice;
• The employee has not received a disciplinary suspension within the preceding 12
months; and
• The employee has not been terminated or has resigned in lieu to termination.
In addition, the maximum amount of accrued sick leave to be paid out at
separation/termination of employment is 720 hours for employee hired prior to July 24,
2006, and 360 hours for employees hired after July 24, 2006.
Page 2 of 3
In the event that an employee is absent due to illness for more than three (3) consecutive
days, or two (2) consecutive 24-hour shifts he/she will be placed on provisional FML (if
eligible for FML per the City's policy, state and federal law) and forms will be sent to the
employee for verification. If the forms are returned showing the need, FML 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 vacation has started;
an employee will not be allowed to change to "Sick" leave.
An employee on FML sick leave, disability leave or workers compensation leave shall
not engage in outside training, school, employment, or the like.
Frequent use of sick leave may indicate an inability to successfully perform the essential
job functions of the position. Abuse or overuse of sick leave may constitute grounds for
disciplinary action or termination from employment by the Department Director.
With the exception of leaves of absence for work-related injuries, an employee who is
eligible for FML and who has any FML qualifying reason or combination of sick -related
leaves of absence misses a total of six (6) months of work in a twelve (12) month period
may be separated from employment due to unavailability for work if no reasonable
accommodations can be made.
Any employee so separated will be eligible for rehire and will be able to apply for any
vacancies that may exist at any given time depending upon qualifications and availability
of job openings. The six (6) or twelve (12) month period shall be measured cumulatively
using the rolling backward method.
Page 3 of 3
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 5- Benefits
5.04 — Court Appearances
It is the intent of the City to provide wages to full-time employees when absent from work
because of service as a juror or as required by court subpoena, except when the employee is a
"party of interest" in a court proceeding either directly or indirectly, and/or when an employee is
a relative of any party to the court proceedings.
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 Jury Duty Leave on a particular day, they 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 including when the time the service began/ended must
be submitted to the supervisor when jury or witness duty is completed.
When subpoenaed as a witness in an official City proceeding, the time an employee spends
providing testimony is considered hours worked. A copy of the subpoena shall be provided to
the supervisor and filed in the employee's official personnel file located in Human Resources.
The City 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, or if no accruals are available, the time off will be without pay.
Page 1 of 1
CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 5 — Benefits
5.05 — Americans with Disabilities Act Provisions
To ensure compliance with the Americans with Disabilities Act of 1990, as amended (ADAAA),
the City offers equal employment opportunities to qualified individuals and strictly prohibits
discrimination against qualified individuals on the basis of disability.
The City will employ and will not discriminate against persons with a disability or regarded as
having such impairment as defined by the ADAAA. The following definitions shall be
applicable to this policy:
A. Disability shall mean with respect to an individual:
1. with a physical or mental impairment that substantially limits one (1) or
more major life activities of such individual;
2. with a record of such an impairment; or
3. being regarded as having such an impairment.
B. The determination of whether an impairment substantially limits a major life
activity shall be made without regard to the ameliorative effects of mitigating
measures such as:
1. medication, medical supplies, equipment;
2. use of assistive technology;
3. reasonable accommodations or auxiliary aides or services; or
4. learned behavioral or adaptive neurological modifications.
The City prohibits discrimination against a qualified individual on the basis of disability. The
City will not deny employment opportunities on the basis of the need to provide reasonable
accommodation for the individual's physical or mental impairments, unless it would cause an
undue hardship to the City or constitute a threat to the safety of the disabled person or other
persons. Individuals with disabilities requiring accommodations should notify the Director of
Human Resources. The City requests sufficient notice, when possible, to give time to arrange
the accommodation.
If the City receives any medical information about an employee, it shall be forwarded
confidentially to the Human Resources department, which will maintain a confidential medical
records file for each employee. Medical records include any documents where medical details
are supplied. For example, a request for sick leave is not generally a medical record, unless it
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contains details from the employee or health care provider about the nature of the illness. Such
file will be secured, both physically and electronically, and kept separate from the employee's
personnel file. Access to the confidential medical records shall be limited except on a "need to
know" basis.
Employees/Applicants who have a disability and are in need of accommodation should report
such need to Human Resources. Human Resources will work with the applicant/employee in an
interactive process of questions and responses in order to determine if accommodation is
possible.
Employees who have a complaint involving potential violations of the ADAAA, including but
not limited to harassment, discrimination, or failure to provide a reasonable accommodation,
must immediately report such complaint to the Human Resources Department. Such individuals
will not be subject to retaliation for requesting accommodation or because of complaints about
the denial of reasonable accommodation.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 5- Benefits
5.06 - Family and Medical Leave
General Provisions
In accordance with the Family and Medical Leave Act (FML), the City will grant job -protected
unpaid family and medical leave to eligible employees for up to 12 weeks per 12 -month period
for any one (1) or more of the following reasons:
A. In order to care for a child following the child's birth, adoption, or placement in foster
care with the employee:
1. Leave must be taken within the 12 -month period following the child's birth or
placement with the employee;
2. If married spouses both work for the City, their total leave in any 12 -month period
may be limited to an aggregate of 12 weeks if the leave is taken for the birth or
placement of a child.
B. In order to care for an immediate family member (spouse, child, or parent) of the
employee if such immediate family member has a serious health condition;
C. The employee's own serious health condition that makes the employee unable to perform
the functions of his/her position; or
D. The employee must attend to a qualifying exigency arising out of the fact that the
employee's spouse, child, or parent is a member of regular or reserve component of the
Armed Forces deployed to any foreign country. When the application for military family
leave is because of a qualifying exigency due to the service member's active duty, the
application should state the nature of the relationship of the employee to the service
member and the employee shall attach the application for leave verifications of the
service member's call-up or active duty and the reason for the request. If not
immediately available, the employee shall provide the verification as soon as practicable.
If unable to provide verification, the City may deny FML designation for the leave.
However, the City retains the right, in its sole discretion, to designate any leave as FML
leave retroactively.
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Service Member Family Leave
Eligible employees who are the spouse, child, parent or next of kin of a covered Service member
are entitled to up to 26 weeks of leave during a single 12 -month Service Member Period (for a
total of 26 weeks if combined with other FML leave), to care for such Service member who
incurred a serious injury or illness in the line of active duty in the Armed Forces. Available
leave not taken during the 12 -month Service Member Period, which begins on the first day of
leave is taken, will be forfeited. No more than 26 weeks of leave may be taken in a single 12 -
month Service Member Period, and no additional extended leaves may be taken in other years
for the same injury or illness. If married spouses both work for the City, their total Service
Member Family Leave may be limited to an aggregate of 26 weeks.
Definitions
A. "12 -Month Period" for this section means a 12 -month period measured backward from
the date an employee uses any FML leave.
B. "12 -Month Service Member Period" for this section means a single 12 -month period
measured backward from the first day Service member FML is taken.
C. "Spouse" means a husband or wife as recognized under Texas law for purposes of
marriage, including common law marriage, but does not include unmarried domestic
partners.
D. "Child" means a child either under 18 years of age, or 18 years or older who is incapable
of self-care because of a mental or physical disability. An employee's "child" is one
from whom the employee has actual day-to-day responsibility for care and includes a
biological, adopted, foster or step -child.
E. "Parent" means a biological parent of an employee or an individual who stood in place of
a parent to an employee when the employee was a child.
F. "Next of Kin" means the nearest blood relative of a Covered Service member.
G. "Active Duty" means duty under a call or order to active duty during contingency
operation.
H. "Contingency Operation" means a military operation designed by the U.S. Secretary of
Defense as an operation in which members of the armed forces are or may become
involved in military actions, operations, or hostilities against an enemy of the United
States or against an opposing military force, or which results in the call or order to active
duty of members of the uniformed services during a war or national emergency declared
by the President or Congress.
I. "Covered Service Member" means a member of the Armed Forces, including a member
of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or
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therapy, or is on the temporary disability retired list for a serious injury or illness incurred
in the line of active duty and which may render the member medically unfit to perform
the duties of the member's military position.
J. "Qualifying Exigency" includes:
1. Short -notice deployment: notification of a call to active duty in support of a
contingency operation seven (7) or fewer days from date of deployment.
2. Military events and related activities:
(a) To attend an official ceremony, program or event sponsored by the
military that is related to active duty or call to active duty;
(b) To attend family support programs and briefings sponsored or promoted
by the military, military service organization, or American Red Cross that
are related to active duty or call to active duty.
3. Childcare and School Activities Leave may be taken for a child in order to:
(a) Arrange for alternate childcare;
(b) Provide childcare on an urgent, immediate need basis;
(c) Enroll or transfer the child to a new school or daycare facility;
(d) Attend meetings with staff at school or daycare facility.
4. Financial and Legal Arrangements:
(a) To make or update financial or legal arrangements to address the covered
military members' absence while on duty or call to active duty status;
(b) To act as the covered military member's representative to obtain, arrange,
or appeal military service benefits while the member is on active duty or
call to active duty status, and for 90 days following termination of active
duty status.
5. Counseling: To attend counseling for oneself, the military member, or child when
the need for such counseling arises from the active duty or call to active duty
status of the covered military member.
6. Rest and recuperation: to spend up to five (5) days with a military member who is
on short-term, temporary rest and recuperation leave during the period of
deployment.
7. Post -deployment activities: To attend arrival ceremonies, reintegration events,
and any other official ceremony or program sponsored by the military for the
approximately 90 -day period following termination of active duty or death of the
Service member while on active duty.
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8. Additional activities related to the call to active duty otherwise agreed to by the
employer and employee.
K. "Serious Health Condition" means an illness, injury, impairment, or a physical or mental
condition that involves:
1. Inpatient care (overnight stay);
2. Incapacity requiring absence from work for more than three (3) calendar days and
that involves continuing treatment by a health care provider;
3. Continuing treatment by a health care provider for a chronic or long-term health
condition that is incurable or which, if left untreated, would likely result in a
period of incapacity of more than three (3) calendar days; or
4. Prenatal care by a health care provider.
L. "Continuing Treatment" means:
1. Two (2) or more visits to a health care provider within 30 days of the
commencement of the incapacity; or
2. Two (2) or more treatments by a health care practitioner on referral from, or under
the direction of, a health care provider within 30 days of the commencement of
the incapacity; or
3. A single visit to a health care provider within seven (7) days of the
commencement of the incapacity that results in a regimen of continuing treatment.
Coverage and Eligibility
To be eligible for FML an employee must have worked for the City for at least 12 months total
and have worked at least 1,250 hours during the previous 12 -month period.
Intermittent or Reduced Leave
An employee may take FML intermittently (a few days or a few hours at a time) or on a reduced
leave schedule. The employee may be required to transfer temporarily to a position with
equivalent pay and benefits that better accommodates intermittent periods of leave. An
employee may not take intermittent leave following the birth or placement of a child except at
the discretion of the City. The City Manager and Human Resources must approve intermittent
leave following the birth or placement of a child.
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Use of Paid Leave
An employee will be required to use accrued paid leave for any part of a FML. When an
employee has used all of his/her accrued paid leave, the employee may request an additional
period of unpaid leave so that the total paid and unpaid leave provided equals 12 weeks (or 26
weeks if combined with Service member FML).
Employee Notice Requirement
A. An employee must give a 30 -day notice in the event of a foreseeable leave. A "Request
for Family/Medical Leave" form should be completed by the employee and returned to
Human Resources. In unexpected or unforeseeable situations, an employee should
provide as much notice as is practicable, followed by the completed form. The notice
must indicate that (1) the employee is unable to perform the functions of the job or that a
covered family member is unable to participate in regular daily activities; (2) the
anticipated duration of the absence; and (3) whether the employee intends to visit a health
care provider or is receiving continuing treatment.
B. If an employee fails to give a 30 -day notice of foreseeable leave without a reasonable
excuse, leave may be denied until 30 days after the employee provides notice.
C. When planning medical treatment, an employee must make a reasonable effort to
schedule the leave so as not to unduly disrupt the City's/Department's operations.
D. In the event of leave to attend to a qualifying exigency, the employee shall provide as
much notice as is reasonable and practical under the circumstances.
E. An employee must complete a "Return to Work Certification" form 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.
Employer Notice Requirements
A. Notice of Eligibility Rights: Within five (5) days after the employee requests leave or
after the City learns the leave may be for an FML -qualifying reason, Human Resources
will provide written notice stating whether the employee is eligible for FML leave, and if
not eligible, at least one (1) reason why. Supervisors will notify Human Resources as
soon as possible but no later than the next business day of any employee requesting leave.
B. Notice of Designation of Leave: Within five (5) days after the employee requests leave
or after the City learns the leave may be for an FML -qualifying reason, Human
Resources will provide a written notice stating whether leave is available, and notifying
the employee how much leave has been designated as FML leave, and how much leave
remains. For an unspecified leave, Human Resources will update the notification every
30 days as to how much leave was designated in the prior month, how much was rejected,
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and how much leave remains. If any part of the requested leave is not designated as FML
leave, Human Resources will provide written notice of and reason for denial.
Medical Certification
A. Certification of Serious Health Condition: For leaves taken because of the employee's or
a covered family member's serious health condition, the employee must submit a
completed "Physician or Practitioner Certification" form and return the certification to
Human Resources. Medical certification must be provided by the employee within 15
days after requested. 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 fails to provide adequate certification within
this time period, Human Resources will inform the employee, in writing, what additional
information is necessary and will allow the employee at least seven (7) days to correct the
certification. The City may delay leave until such certification is produced. If the
employee never produces their certification or recertification, the employee is not eligible
for FML protections. In the case of medical emergency, the employee must submit
certification as soon as is reasonably possible. 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.
B. Second Opinion Requirement: The City may require a second or third opinion (at its own
expense), periodic reports on status and intent to return to work, and a fitness -for -duty
report to return to work.
C. Certification Related to Active Duty or Call to Active Duty: The employee requesting
leave related to a family member's active duty or call to active duty shall provide
supporting documentation of such status issued by the applicable Armed Services branch.
D. Certification for Extended Service Member Family Leave: Employees requesting
extended Service member Family Leave must provide documentation of the injury,
recovery or need for care, such as the military medical information, orders for treatment,
or other official Armed Forces communication showing that the injury or illness was
incurred on active military duty and renders the member medically unfit to perform
military duties. An employee requesting Leave must submit a verifying medical
certification from a physician providing: (1) the date on which the serious health
condition commenced, (2) the probable duration of the condition, (3) appropriate medical
facts regarding the condition and its duration; and, (4) that the covered service member is
medically unfit to perform the duties of the member's office, grade, rank, or rating. If
medical certification is not immediately available, the certification may be submitted
within 30 days. An attachment from the Department of Defense for the injured service
member should also be included with medical certification, when possible. If not
immediately available, the City may, in its sole discretion, permit the eligible employee
to commence an FML leave; however, required certification must be provided within five
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(5) business days or the City may deny FML designation to the leave. However, the City,
in its sole discretion, retains the right to designate any leave as FML leave retroactively.
E. Confidentiality of Medical Records: Documentation related to the employee's or family
member's medical condition will be held in strict confidence and maintained in the
employee's medical records file.
Effect on Benefits
A. An employee granted a leave under this policy will continue to be covered under the
City's group health insurance plan with the same conditions as if the employee had been
continuously employed during the leave period.
B. Employee contributions will be required either through payroll deduction or by direct
payment to the City. The employee will be advised in writing at the beginning of the
leave period as to the amount and method of payment. Employee contribution amounts
are subject to any change in rates that occurs while the employee is on leave.
C. If an employee's contribution is more than 30 days late, the City may terminate the
employee's insurance coverage.
D. If the employee fails to return from unpaid leave for reasons other than (1) the
continuation of a serious health condition of the employee or a covered family member or
(2) circumstances beyond the employee's control (certification required within 30 days of
failure to return for either reason), the City will seek reimbursement from the employee
for the portion of the premiums paid by the City on behalf of that employee (employer
contribution) during the period of leave.
E. An employee is not entitled to seniority or benefit accrual during periods of unpaid leave,
but will not lose benefits already accrued prior to the start of the leave. Paid time off
does not accrue while on unpaid leave.
Job Protection
A. If the employee returns to work within 12 weeks following a family/medical leave (or 26
weeks if combined with Service member FML), he/she will be reinstated to his/her
former position or an equivalent position in terms of pay, benefits, status and authority.
B. The employee's restoration rights are the same as they would have been had the
employee not been on leave. If the position would have been eliminated or the employee
terminated but for the leave, the employee does not have the right to reinstatement upon
return from leave.
C. If the employee fails to return to work by the previously agreed upon date, in absence of
further communication, he/she will be considered to have abandoned the job and will
subject the employee to immediate termination of employment unless an extension has
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been 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 Human Resources at least (10) working days prior
to the start of the requested extension period or as soon as the employee realizes that
he/she will not be able to return at the expiration of the leave period.
D. The City cannot guarantee an employee will be returned to his or her original position.
The City Manager, Human Resources, and the Legal Department will make a
determination as to whether a position is an "equivalent position". "Highly compensated
employees" or "key employees" are defined by the FML as salaried, eligible employees
who are among the highest paid 10 percent of the employer's employees within 75 miles
of the facility where the employee works. Leaves of absence for any reason may not last
longer than six (6) months unless reasonable accommodations have been made. Any
regular employee, who for a job-related injury or a combination of work-related injuries,
sick -related leaves of absence or FML -qualifying events, misses a total of six (6) months
of work, will be separated from employment due to unavailability for work unless
reasonable accommodations have been made. Any employee part of said "no fault"
separation will be eligible for rehire and will be able to apply for any vacancies that may
exist at any given time, depending upon qualifications and availability of job openings.
The six (6) month period shall be measured cumulatively by the rolling backward
method.
E. Employees on FML will not engage in outside training, school or employment unless
expressly authorized in writing in advance by the Department Director and the Director
of Human Resources. A copy of the written approval will be sent to Human Resources.
Failure to comply with this rule shall result in termination of employment.
Unlawful Actions and Enforcement of FML Rights
It is unlawful for the City to interfere with, restrain, or deny the exercise of FML rights, or to
discharge or discriminate against anyone for opposing such unlawful practices or for
participating in a proceeding relating to FML. An employee may file a complaint with the
Department of Labor's Wage and Hour Division or may bring a private lawsuit against an
employer for violating his/her rights under the FML.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 5 - Benefits
5.07 — Catastrophic Leave
From time to time a City employee may experience an incapacity that prevents the employee
from working for long periods of time. Such incapacity may necessitate that the employee take
leave without pay if their accrual banks have been depleted. The City endorses a voluntary leave
sharing program that can help alleviate these burdens. However, the combination of donated
time plus any other available payment should never exceed the employee's current salary.
Catastrophic Leave is provided by the donation of sick/vacation hours from City employees to a
pool that may be utilized by all those participating in the program.
A. Eligibility
1. The employee requesting the donation must have been a full-time employee for a
minimum of twelve (12) consecutive months; and
2. The employee must have elected to participate in the Catastrophic Leave Pool by
donating hours during Annual Open Enrollment for the fiscal year during which
their request occurs.
3. An employee must request catastrophic leave prior to depleting all
sick/vacation/compensatory and accumulated holiday leave. If the employee is
unable to submit their request, the employee's immediate supervisor may initiate
the request. The leave donations will not be retroactive.
4. An employee with written corrective action regarding unsatisfactory attendance
within the last twelve (12) months may not be eligible. The Catastrophic Leave
Committee will determine eligibility.
5. The employee's request for Catastrophic Leave must be recommended by the
Department Director. The requesting employee's history of sick leave and leave
without pay usage will be considered in determining the employee's eligibility for
Catastrophic Leave.
6. The illness or injury must meet the definition of a catastrophic occurrence.
7. Any employee eligible for the Long Term Disability (LTD) Benefit or other
similar programs must make application for those benefits upon requesting
Catastrophic Leave, if not sooner. Failure to do so may result in the denial of a
Catastrophic Leave request, or termination of any previously awarded
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Catastrophic Leave. Employees are no longer eligible for Catastrophic Leave
once LTD or other similar benefits commence.
8. Part-time employees are not eligible for Catastrophic Leave under this section.
B. Definitions
1. Catastrophic Illness/Injury — is defined as any illness, injury (including on-the-job
injury after all workers' compensation benefits have been exhausted), impairment,
or physical or mental condition that involves:
a. Serious, debilitating illness, impairment, or physical/mental condition that
involves treatment in connection with an overnight stay in a hospital,
hospice, or residential medical facility; or
b. High intensity/high frequency of treatment encounters necessary for a
chronic or long-term condition that is so serious that, if not treated, would
likely result in an extended period of incapacity (21 days or more) or
death.
c. Terminal illness.
One who is qualified under the definition for Family and Medical Leave is not
automatically qualified under the City's definition of a catastrophic illness/injury.
The City retains the right to determine whether the illness is "catastrophic" based
on the information it receives from the medical provider.
Exclusions from Catastrophic Leave
• Paid Catastrophic Leave is not applicable unless the employee has
exhausted all of their accruals.
• Elective surgery does not qualify as a catastrophic illness or injury. If
complications arise resulting in a serious health condition, the situation
may qualify as a catastrophic illness or injury.
• Most leave associated with pregnancy is not covered by Catastrophic
Leave. If complications arise resulting in a serious health condition for the
mother or child, the situation may qualify as a catastrophic illness or
injury.
• Requests for Catastrophic Leave less than three (3) workdays in duration
are excluded.
• An employee must not have a written record of disciplinary action for
leave abuse or misuse of leave within the past twelve (12) months.
2. Eligible Family Member — Immediate family members, specifically a spouse,
biological or adopted child, or parent.
C. Catastrophic Leave Application Review, Approval, Use and Enrollment Process
1. An employee must request Catastrophic Leave prior to depleting all sick,
vacation, compensatory, and accumulated holiday leave. If the employee is
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unable to submit their request, the employee's immediate supervisor may initiate
the request.
2. The employee's request shall include a licensed health care provider's statement
explaining the catastrophic and/or life-threatening nature of the illness and the
anticipated date for returning to work, provided this information has not already
been received.
a. The employee must submit their request to their Department Director for
consideration of eligibility. The Committee will approve or deny the
request and determine the amount of hours that will be granted.
b. If valid, Human Resources, will transfer hours from the leave bank to the
recipient.
c. Employees using Catastrophic Leave will not accrue any paid leave while
utilizing this procedure.
d. An employee may receive no more than 480 transferred hours per incident
and no more than 960 total hours while in the service of the City.
e. Upon an employee's return to work with full release, termination,
resignation, or retirement, all unused leave will be deposited back into the
leave bank.
f. An employee may be dismissed if such employee fails to report to work
promptly at the expiration of the period of approve/granted Catastrophic
Leave.
g.
Abuse of the Catastrophic Leave bank program shall subject the employee
to disciplinary action, up to and including termination of employment.
3. Every year, full-time City employees who have been employed at least twelve
(12) months, will have the opportunity to voluntarily renew their membership by
contributing hours to the leave bank with the number to be determined by the
Committee based on historic and anticipated usage. If in the event the bank is
depleted to less than 500 hours, all City employees will be notified and given the
opportunity to contribute additional hours in order to replenish the leave bank.
Current participants will need to donate the new requested amount and non-
participants will need to donate the amount equal to the initial and subsequent
requested amounts. If an employee chooses not to contribute in the event of
depletion, they may be removed from the program as determined by the
Committee. Any hours contributed will not be returned to the contributing
employee.
4. Catastrophic leave is considered when recommended by a licensed health care
provider and all other accrued leave has been exhausted. It is also considered
when an eligible family member's medical condition, as determined by a licensed
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health care provider, requires employee attention and all other accrued leave has
been exhausted.
5. The tax liability associated with donated leave will be the responsibility of the
recipient, in compliance with IRS revenue ruling 90-29. Paid time will be subject
to all tax liability associated with regular pay including federal and FICA
withholding, as well as TMRS contributions.
D. Catastrophic Leave Committee
1. Responsibility — The purpose of the Committee will be to review all catastrophic
leave requests, ensure that all eligibility requirements are met, and make
determinations of continuing eligibility. Additionally, the Committee shall report
at least annually to the Executive team concerning the current status of the leave
bank, and the utilization of the system. The Committee will establish its own
administration, operating and record-keeping systems based on the Catastrophic
Leave Policy adopted.
2. Membership - The Committee shall be comprised of five (5) members
representing a cross-section of the employees of the City. The selection of the
Committee members and length of term shall be commensurate with their position
within the City as described below:
The Committee head shall be the Director of Human Resources or their designee
within the ranks of the HR department. This is a standing position within the
Committee without term limitations, and with full voting rights as explained
below. The Committee shall also have someone from the administrative team
level. For this section only, the Administrative Team consists of Assistant
Directors, Assistant Chiefs, Division Managers, Superintendents, Fire Battalion
Chiefs, EMS Captains and Police Captains. One member of the administrative
team that is not a member of Human Resources shall be appointed by the City
Manager to serve on the Committee for a term of three (3) years. There shall be
three (3) at -large employee representative members on the Committee. These
members shall have at least one (1) year of service to the City, nominated by the
Executive team and appointed by the City Manager to serve on the Committee for
a term of one (1) year. These members should each be from different departments
and other than that of the Administrative team member or Human Resources.
3. Committee decisions shall be based on a simple majority of attending quorum of
the members, with tied decision being decided by the position of the Committee
Head.
4. No committee member, other than the Committee Head, may serve more than two
(2) consecutive terms.
5. Committee members who are promoted during the course of their term may serve
the rest of their term with the approval of a majority of the Committee regardless
of their resulting position or department.
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6. Members may be removed from the Committee by a majority vote of the
remaining members for failing to attend more than 20% of the Committee
meetings.
7. Any vacated position shall be filled as soon as practicable through the
appointment process outlined above.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 5 - Benefits
5.08 — Military Leave
A. Any full-time employee who is a member of the National Guard or a member of
the Reserve Components of the Armed Forces shall be entitled to a leave of
absence from their assigned duties with the City for a maximum of fifteen (15)
days in any one calendar year with pay to attend annual military training or for
duty ordered or approved by the proper military authority.
1. This is to be computed as eight (8) hour days (Seven and one-half shifts
for Fire personnel) or a total of 120 hours. The Department
Director/Division Manager shall require the employee to provide their
military orders within 24 hours of receiving them.
2. The Department Director/Division Manager shall furnish Human
Resources with the military orders or copy thereof showing inclusive dates.
3. Employees who have exhausted all available paid military leave may, at
their option, use accumulated vacation, holiday or compensatory time to
cover their absence from work.
4. After an employee has exhausted all available paid military leave,
including any other paid leave the employee chooses to use to cover a
military absence, the employee will be placed on leave without pay.
B. Active Military Duty
If an employee other than an employee in a temporary position is a reservist or
member of the National Guard or other branch and is called to active military duty
voluntarily or involuntarily the City will:
1. At time of activation:
a. Extend COBRA benefits to the affected employee and dependents.
This means the employee may elect to continue or extend City
health benefits at the employee's expense until such time as similar
benefits are available under an applicable military program.
b. Not supplement employee's military pay unless specifically
authorized by the City Manager and/or City Council.
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c. Continue City life insurance coverage on the employee until the last
day of the month of the employee's activation to military service.
2. While on fully paid military leave employees continue to accrue vacation,
sick leave and other benefits provided to other employees on paid leave.
While on unpaid military leave, including those receiving supplemental
pay benefit, accruals will be suspended and will resume upon the
employees return to active employment.
3. At the time of return from military duty and provided the employee meets
all preconditions and fulfills all obligations as set forth by Federal Law,
the City will adhere to the following guidelines which are in accordance
with Reemployment Rights for Returning Veterans as established by the
Department of Labor Chapter 43 of Part III of Title 38 US Code as
amended.
a. Place employee in the same or similar position at the same or
similar salary the employee would have attained if the employee
had remained on the job instead of being called to active military
duty. This includes base pay, cost of living increases, length of
service increases, but would not include merit increases or other
similar pay such as step up pay based on performance.
b. Restore the employee without loss of seniority as if employment
had continued without interruption by active military service to
include:
1. Reinstatement of the employee's personal health
insurance benefits and dependents if applicable on the first
day of return to City employment.
2. Reinstatement of the employee's City -sponsored life
insurance benefits on the first day of return to City
employment.
3. Service time credit for the Texas Municipal Retirement
System (TMRS). To qualify for service credit an employee
must return to work for the City within 90 days after
discharge, receive an honorable discharge and timely
complete the necessary application. In order to receive
monetary credit, an employee has the lesser of five (5)
years or three (3) times the length of the military service to
make up any contributions that were missed while on
military leave. Employees will handle these payments
directly through the pension plan.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 5 - Benefits
5.09 — Bereavement Leave
It is the policy of the City 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 will
provide compensation according to the guidelines below.
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. NOTE — three (3) days is not automatic. The maximum number of
occurrences in a calendar year is two (2). The maximum bereavement leave per
occurrence is twenty-four (24) hours. The bereavement leave may be taken in one-hour
increments depending on the circumstances and supervisor authorization. These days are
not cumulative.
In the event that an employee needs more time to grieve and/or deal with estate
settlement, vacation, sick, compensatory leave time or accrued holiday time may be
approved for up to 40 additional hours or one (1) additional week, or unpaid leave may
be allowed for the death of an immediate family member. Supervisor authorization and
prior approval are required.
For purposes of bereavement leave, the immediate family includes the following:
Spouse Grand Child
Child Mother -In -Law
Parent Father -In -Law
Brother Son -In -Law
Sister Daughter -In -Law
Grandparent
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 Time Off"
form and may be approved for paid bereavement leave when the employees have
submitted a funeral brochure, or a similar document.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 5 - Benefits
5.10 - Group Health, Life and Other Benefits
The City provides a benefits program for its full-time employees. The actual terms of coverage
are as described in the individual summary plan documents, and the summary provided below is
only to inform employees of the general benefits and procedures in a more concise manner. The
terms of coverage are subject to periodic revision.
A. ENROLLMENT AND PLAN YEAR
Employees may enroll in the group health plans and other benefits programs upon hire
with the City. Plan years for group health plans are on a fiscal -year basis, beginning
October 1 and ending September 30. Open Enrollment for the upcoming plan year
occurs between August and September of each year. Once elections have been made to
participate or not participate in the group health plans, no change or revocation may be
made in that election except in the case of a qualifying event, as defined by the Internal
Revenue Code.
B. GROUP HEALTH PLANS
1. GROUP HEALTH PLAN
The City offers coverage in a choice of group medical plans to employees for
themselves and their eligible dependents. The City may subsidize a portion of the
monthly premium. The percentage of subsidy varies between the plans and is
subject to change.
2. GROUP DENTAL PLAN
The City offers coverage in a choice of group dental plans to employees for
themselves and their eligible dependents. The City may subsidize a portion of the
monthly premium. The percentage of subsidy varies between the plans and is
subject to change.
3. GROUP VISION CARE PLAN
Employees may opt to elect vision insurance for themselves and their eligible
dependents. The amount established to pay for this coverage is subject to change
from time to time.
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C. GROUP LIFE INSURANCE AND ACCIDENTAL DEATH & DISMEMBERMENT
(AD&D) COVERAGES
1. GROUP LIFE AND AD&D
Employees are enrolled in the City's Group Term Life Insurance and Accidental
Death and Dismemberment (AD&D) Plan at no cost to the employee.
2. OPTIONAL LIFE AND AD&D
Employees may opt to elect additional life insurance with or without an accident
and dismemberment provision for the employee, the employee's spouse, and/or
the employee's child(ren). The cost of coverage for these optional products is
deducted from the employee's paycheck. The amount established to pay for this
coverage is subject to change from time to time.
D. LONG TERM DISABILITY
1. LONG-TERM DISABILITY
The City furnishes all full-time employees with Long -Term Disability Insurance.
If an employee were disabled as defined by the terms of the policy, they would be
eligible to receive a monthly benefit of a percentage of their basic monthly
income, to a benefit maximum. There is a 90 -calendar day elimination period,
meaning benefits would begin on the 91st day for disability related to an accident
or an illness. The plan does provide for a coordination of benefits, and disability
payments are reduced in coordination with other benefits such as workers'
compensation, or other similar compensation.
The maximum benefit duration is the employee's social security normal
retirement age or the maximum benefit period for employees age 60 or older as
listed in the certificate of insurance. The certificate outlines the provisions of the
plan and should be referred to for detailed information, including terms of
coverage and benefit, limitations and exclusions, and claims procedures.
E. EMPLOYEE ASSISTANCE PROGRAM
The Employee Assistance Program (EAP) is designed to provide employees and their
dependents with professional, cost-effective assistance in resolving difficult personal
problems. Involvement in the EAP is confidential.
F. FLEXIBLE SPENDING PROGRAM
The Flexible Spending Program was created under Section 125 of the Internal Revenue
Code and, as adopted by the City, allows certain medical expenses and dependent care
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expenses to be reimbursed with funds deducted before tax withholding in order to reduce
the employee's tax liability. It also allows Group Health and Dental Plan premium
payments to be deducted before tax withholding.
G. TEXAS MUNICIPAL RETIREMENT SYSTEM
The City of Pearland participates in the Texas Municipal Retirement System. Eligibility,
vesting, contributions, etc. are determined by the City Manager and City Council. For
questions, contact Human Resources.
H. RETIREE BENEFITS
An employee who qualifies for retirement with the City may elect to continue
participating in the City's medical/dental benefits.
I. SOCIAL SECURITY AND MEDICARE
The City participates in the Social Security system. Federal Law establishes benefits
through the Medicare system.
J. WORKERS COMPENSATION
The City provides workers compensation coverage to all employees for job related
injuries or occupational illnesses suffered by the employee while acting in the course and
scope of their position. For more information regarding Worker's Compensation
procedures contact Human Resources.
K. DEFERRED COMPENSATION PROGRAM
Deferred Compensation (Internal Revenue Code 457, Section (b)(2)) is a voluntary
benefit available to public sector employees only. All regular employees of the City are
eligible to participate in the Deferred Compensation System.
This program allows public sector employees to defer a portion of their income and the
taxes on that income to build a fund to supplement retirement income. The plan
administrator sets the minimum that you may contribute to a deferred compensation plan
and the maximum contribution is set annually by the Internal Revenue Service.
Information on the deferred compensation plan providers is available in the Human
Resources Department.
L. CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT OF 1985 (COBRA)
The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) became
effective on April 7, 1986. Through COBRA, the City's employees and their dependents,
who are currently enrolled in qualified group benefits, are afforded an opportunity to
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extend those benefits at 102% of the premium (subject to change from time to time) in
situations by which the benefits coverage would otherwise end. The length of COBRA
varies depending on the nature of the qualifying event, but could range between 18 and
36 months.
Such situations might include the employee's divorce (former spouse would be eligible);
the employee's child no longer qualifies to be covered under the group plan (child would
be eligible); the employee's resignation; the death of the employee; or the employee is
terminated, except for employees terminated for gross misconduct. Gross misconduct is
defined as "Mismanagement of a position of employment by action or inaction, neglect
that places in jeopardy the lives or property of others, intentional wrongdoing or
malfeasance, intentional violation of a law, or violation of a policy or rule adopted to
ensure orderly work and the safety of employees."
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 5 - Benefits
5.11 — Employee Educational Assistance
The City has established an educational assistance program to help eligible employees
develop their knowledge, skills, and abilities, and upgrade their performance.
Academic Education Pay
All regular full-time employees who, at the time of application for assistance have
completed a minimum of one (1) year of continuous service are eligible to participate in
the program.
Under this program, the City hopes to encourage upward mobility, employee
development, and excellence of performance by sharing the expense of approved courses
and educational programs offered by accredited colleges, universities, secretarial, and
trade schools.
The City will assist those regular full-time employees who have completed one (1) year
of continuous service with the City, and who desire to obtain a General Education
Diploma (GED). Fee(s) for the initial GED exam, training courses, materials, and
reimbursement of the base fee and up to two (2) subsequent exams, if necessary, will be
considered. The employee shall attend training courses on his/her own time, and if
convenient, may take accrued vacation, compensatory or holiday leave to study and/or
take the exam(s).
The employee must submit a written request approved through his/her appropriate chain
of command to Human Resources. The employee will provide the schedule of training
courses and exam dates throughout the year and keep the appropriate supervisor abreast
of the employee's progress.
Continued assistance in obtaining the GED is at the discretion of each department based
on employee initiative, effort, and need.
Other educational assistance must be, in the opinion of the Department Director and City
Manager, directly related to the essential functions of an employee's present job or in line
with a position that the City believes an employee can reasonably achieve. Employees
making application for educational assistance must be able to describe the applicability of
the courses sought to the essential functions of the position.
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Courses must be required as part of a degree plan, course of study, or other program
determined to be in the best interest of both the City and the employee, must not interfere
with the employee's job responsibilities and must be taken on the employee's own time.
Tuition reimbursement does not include books, tools, and/or supplies. Mandatory fees
will be reimbursed as part of the tuition rate charges if those fees do not relate to items or
services that are retained or continue on after completion of the course.
The availability of tuition reimbursement is subject to approved funding levels. The total
amount of annual tuition reimbursement to be considered, not to exceed $3,000 in a
calendar year, will be based on the following schedule for undergraduate courses
completed:
Grade Received Amount of Reimbursement
A 100%
B 75%
C 50%
D 0%
Courses that give only a pass/fail grade will pay 75% for "Pass" (i.e., computer courses,
etc.)
In the event an employee is working on graduate courses, the maximum reimbursement
amount to be considered is $5,000 per calendar year and will be reimbursed as follows:
Grade of "A" 100%
Grade of "B" 75%
Below "B" 0%
Successful completion (no grade) 90%
The City makes no commitment to provide reimbursement for all courses leading to a
degree.
Employees eligible for reimbursement from any other source (e.g., a government-
sponsored program or scholarship) may seek assistance under the City's educational
assistance program. However, employees shall only be reimbursed for the difference
between the amount received from the other funding source and the actual course cost, up
to the maximum reimbursement allowable under this policy based on the grade received.
Employees must sign an acknowledgement that the total amount of education assistance
shall be reimbursed to the City if the employee leaves the City's employ for any reason
within 24 months following the date of reimbursement.
To be eligible for reimbursement, an employee must:
1. Submit an Application for Educational Assistance form to their supervisor prior to
beginning the course(s);
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2. Receive advance written approval from the supervisor;
3. Submit the Application for Educational Assistance with approval from
Department Director to Human Resources. Human Resources will verify that the
employee has completed a minimum of one (1) consecutive year of service, that
the last two (2) performance appraisals have been in the satisfactory range or
higher, and that at the time of course completion, the employee remains actively
employed.
Upon completion of the course, an employee must submit to the Human Resources
Department, the official transcript from the accredited school indicating the grade
received, and a receipt or other proof of payment from the educational institution.
The Application for Educational Assistance form is available in the Human Resources
Department and on the City Hall server under "HR Forms".
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 6 — Risk Management
6.00 — Motor Vehicle Accidents
I. City -Owned or City Leased Vehicles
A. The operator of a City -owned or City -leased vehicle shall, take the following
actions when involved in an accident whether or not on City- related business:
1. Stop immediately.
2. Radio or telephone for an ambulance if anyone appears to be in need of
emergency medical service.
3 Keep the accident from becoming worse by warning other drivers.
4. Render reasonable assistance to injured persons.
5. Notify the police and the employee's department immediately through
their radio dispatcher or telephone. If injured, the supervisor must be
notified.
The driver shall request a police report in the following situations:
a) A collision with another vehicle regardless of the damage severity
or location of the accident.
b) A collision with other property, telephone pole, guardrail, tree, and
the like, regardless of the owner, if the supervisor determines the
damage is over $500.
c) A collision that requires a vehicle to be towed.
d) A collision that causes injury to any party to the accident.
The decision to call out a Police Accident Investigator will remain with
the Police Department.
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6. Make no admission of fault or negligence to anyone. Do not apologize or
say that they are sorry. Be courteous but do not discuss the accident
except with the Police and do not sign any statements or releases for
anyone other than medical processing required by the City.
7. Exchange name and address with drivers of other vehicles involved and
obtain the name, phone number and policy numbers of the other driver's
insurance company.
8. Move vehicle to the nearest point of safety when necessary or as instructed
by a police officer.
9. Complete a First Report of Incident immediately and file it with their
department.
B. The supervisor/manager shall take the following actions when their employee is
involved in an accident in a City -owned vehicle:
1. Upon receiving notice of an accident the employee's manager or
supervisor shall contact the Finance and Human Resources Departments
as soon as possible and advise them of the accident and known details.
2. If possible the manager, supervisor or Safety Officer should go to the
accident scene and take photographs showing visible damage to all
vehicles and the position of the vehicles. If it is not possible, request the
responding police officer take pictures of the scene.
3. Comply with the City's Drug and Alcohol Policy.
4. It shall be the direct responsibility of the supervisor or manager in charge
of the employee to see that a First Report of Incident is immediately
prepared concerning said accident.
5. All accident reports shall be transmitted to Human Resources and Finance
as soon as possible after the accident, but no later than the next business
day.
II. Vehicles Owned by Employees
A. At times employees will use personally -owned vehicles on City business. If an
accident should occur while on City business, employees should adhere to the
following:
1. It is the employee's responsibility to notify their insurance carrier.
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2. The City provides no insurance for damage to personally -owned vehicles.
The mileage reimbursement payment is to provide a contribution toward
the employees operating cost of their vehicle, insurance, repairs, gas, etc.
Any damage to a personally -owned vehicle is the employee's
responsibility to correct.
3. If citations of any type are issued, report it to Human Resources/Finances.
III. Employee Injuries
Any injury incurred by an employee driving on City business will be treated as a
workers' compensation injury and the guidelines for workers' compensation claims
should be followed.
IV. Consequences of Failure to Promptly Report
Delay in reporting an accident will result in corrective action, up to and including
termination of employment.
Failure to timely report an accident or injury will preclude the employee from being
eligible for an annual safety award even if the Safety Committee rates the accident as a
being non -preventable.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 6 — Risk Management
6.01 — On the Job Injury
I. Definitions
A. "Course and Scope" of Employment — as defined by the Texas Workers'
Compensation Act, means "an activity of any kind or character that has to
do with and originated in the work, business, trade, or profession of the
employer and that is performed by an employee while engaged in or about
the furtherance of the affairs or business of the employer." The term
includes activities conducted on the premises of the employer or at other
locations.
B. Disability — as defined by the Americans with Disabilities Act as
amended, is a physical or mental impairment that substantially limits one
or more major life activity; [an individual that] has a record of such
impairment; or [an individual that] is regarded as having such impairment.
C. Health Care Professional — a health care professional or other licensed
health care professional is an individual whose legally permitted scope of
practice (i.e. license, registration, or certification) by the state allows
him/her to independently perform or delegate the responsibility to perform
health care activities.
D. Illness, Injury or Medical Condition — a temporary or permanent physical
or mental impairment that does not substantially limit one or more of the
major life activities of an individual.
E. Job -Related Illness, Injury or Medical Condition — an illness, injury or
medical condition which occurred as the result of the employee
performing the assigned duties of his occupation within the course and
scope of employment.
F. Major Life Activities — refers to functions such as, but not limited to,
caring for oneself, performing manual tasks, walking, seeing, hearing,
speaking, breathing, learning, caring for oneself, reproduction, working
and performing major bodily functions.
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G. Maximum Medical Improvement — defined as follows (whichever comes
first):
1. 104 weeks from the date disability benefits begin to accrue.
2. The date a doctor certifies that, based on reasonable medical
probability, the injured employee can no longer reasonably
anticipate further recovery or lasting improvement from the
compensable injury.
H. Modified Duty Assignment — temporary assignment of an employee with a
job-related illness, injury, or medical condition to duties that can be
performed within the limitations of the employee's medical condition.
Modified duty assignments are for a maximum period of six (6) months
(except those employees under Chapter 143 of the Texas Local
Government Code.). However, modified duty assignment may be for as
little as one (1) week and is based on actual need for the work to be done.
Modified duty assignments are only for those employees with job-related
illnesses, injuries or medical conditions.
Political Subdivision Workers' Compensation Alliance — also referred to
as "the Alliance" is a network of treating doctors approved to treat all job-
related injuries, illnesses, or medical conditions. Since Texas Municipal
League -Intergovernmental Risk Pool (TML -IRP) is part of this network
ALL City employees must obtain treatment from these approved doctors.
J. Supplemental Workers' Compensation Income — additional income
provided by the City to all full-time and part-time employees to make up
the difference between workers' compensation benefits and gross
earnings. This includes the seven (7) calendar days prior to being paid
workers' compensation. Employees who earn less than the State
maximum gross amount for Temporary Income Benefits (TIBs) will have
their income supplemented for a maximum of 30 days. Employees who
earn more than the State maximum gross amount for TIBs will have their
income supplemented up to 75% of their regular gross earnings for up to
one (1) year.
K. Treating Doctor — an approved Alliance healthcare professional who will
treat for the illness, injury or medical condition. The treating doctor will
decide what type of medical care is needed, determine when the employee
may return to work, identify the kinds of work the employee may safely
perform while recovering, write medical reports that will affect the
benefits the employee may receive, refer the employee to specialists, if
necessary. The urgent care or emergency room physician does not
constitute the treating doctor.
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L. Worker's Compensation Benefits — TIBs provided under the Texas
Workers' Compensation Act starting on the eighth (8th) day of illness of
injury.
II. Medical Care
A. Employees injured on the job shall be promptly taken to a first aid facility
for any necessary medical treatment. The nature of the injury is
determined by the insurance carrier. Employees must be seen by a
provider in the Alliance Network. For serious injuries an employee should
use the nearest appropriate medical facility.
B. For policies concerning drug/alcohol testing please refer to the City's
Drug and Alcohol Policy. All other employees involved in an on the job
accident and who incur other than a minor injury must also undergo drug
and alcohol testing. Minor injuries include such things as small cuts,
abrasions, bruises, insect bites, poison ivy, etc. The employee's
supervisor is responsible for ensuring the testing follows the City's Drug
and Alcohol Policy.
C. Injured employees shall submit to medical treatment by their attending
physician in the Alliance and refusal to abide by instructions may
constitute a barrier to further medical expenditures and weekly indemnity
payment.
D. Medical treatment required for a job -incurred illness or accident covered
under the Workers' Compensation Act is paid by the City. If an injured
employee does not get treatment from an Alliance provider their workers
compensation benefits may be denied resulting in non-payment of claims
and possible loss of income benefits. Refer to http://www.pswca.org.
III. Reporting Accidents/Injuries
A. Employees are charged with the responsibility to immediately report all
accidents and injuries to their supervisor. Employees failing to report
accidents and injuries within 24 hours are subject to corrective action up to
and including termination of employment. Failure to timely report an
accident or injury will preclude the employee from being eligible for an
annual safety award, even if the Safety Committee rates the accident as
being non -preventable.
B. It is the responsibility of the supervisor in charge of the employee to see
that the appropriate reports are completed as soon as possible following an
accident/injury. The supervisor must complete the Employers First Report
of Injury or Illness. The employer's report must be transmitted to Human
Resources no later than the end of the next business day following the
accident/injury.
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C. When an employee's injury is serious and results in lost time beyond the
day of injury, Human Resources must be advised at once of the injury,
along with the anticipated return to work date. An injured worker
becomes eligible for TIBs on the eighth (8th) day of disability. Benefits
are not paid for the first week of lost wages, defined as the "waiting
period" unless disability lasts for 14 days or more.
1. Employees that have completed the new employee probation
period are allowed to use any applicable paid leave during the
"waiting period" following an on the job injury. Departments are
not to pay an employee using administrative leave or any other
departmental leave. Employees in a new employee probationary
status may only use accrued compensatory time during the waiting
period. Vacation, sick and holiday leave will not accrue or
accumulate while the employee is on unpaid workers
compensation leave. After 14 calendar days of lost time benefits
are paid retroactively for the seven (7) day waiting period to both
classes of employees.
2. Weekly indemnity benefits or salary continuation for those over
the statutory maximum will begin after the seven (7) calendar day
waiting period is completed. To receive salary continuation
employees are required to sign over their weekly TIBs checks to
the City, with the exception of the waiting period reimbursement
check.
3. The supervisor shall arrange for personal contact (via telephone or
personal visit) with employees whose injury, illness or medical
condition requires time or days away from work resulting in lost
time. The supervisor shall contact the employee on leave
throughout the duration of the employee's absence. The supervisor
or his designee shall contact an injured subordinate employee
within 48 hours after the initial report of injury. The Department
Director shall be responsible to verify that the supervisor is
keeping in contact with the employee and updating Human
Resources.
D. Human Resources should be advised by phone of all job-related injuries as
soon as possible as the emergency medical facilities rendering first aid
generally will ask Human Resources to confirm that an injured person is in
fact a City employee and that the City will be responsible for payment of
medical treatment.
E. Any violation of any of these policies by an employee may result in
possible delay of treatment as well as disciplinary action up to and
including termination of employment.
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IV. Employee Responsibility
A. It is the responsibility of the employee to immediately advise their
supervisor of all scheduled appointments pertaining to medical treatment
of the work-related injury prior to the appointment. Following each
appointment, employees are charged with the responsibility to provide
their supervisor and Human Resources with a copy of the Texas Workers'
Compensation Work Status Report, DWC73, within 24 hours of the
appointment. Injured employees shall make their best efforts to recuperate
from injuries and not engage in any activity that would hinder full
recovery.
B. When an employee's injury results in an unpaid leave status, it is the
employee's responsibility to contact Human Resources in order to make
arrangements to pay their portion of any voluntary deductions (e.g.
dependent health and/or dental coverage, supplemental life insurance, etc.)
Failure to make payment within thirty (30) days of the due date will result
in cancellation of those unpaid coverages. As per Chapter 143 of the
Texas Local Government Code, Classified Police employees who sustain
an on-the-job injury may have fully paid leave for up to one (1) year.
C. An employee on unpaid leave has the option to maintain their pension
service credit by contributing to their retirement fund while receiving
TIBs. The employee must coordinate this with the City's Finance
department prior to the start of their unpaid leave status.
D. An employee will not be entitled to Workers' Compensation benefits for
an exposure unless the employee has a test performed within ten (10) days
of an exposure to the reportable disease. This test is to indicate the
absence of the reportable disease at the time of exposure. The employee
must provide their immediate supervisor with a signed First Report of
Incident form and Human Resources must receive a copy of the test
results.
V. Outside Employment
An employee on FML leave, sick leave, disability leave, or workers'
compensation leave shall not engage in outside training, school, or employment
unless expressly authorized in writing in advance by the Department Director and
the Director of Human Resources. A copy of the written approval will be sent to
Human Resources.
VI. Accidents Caused by Non Employees
If an employee is injured because of the negligence or wrong doing of a third
party, not an employee, the City is entitled to be subrogated to the employee's
right of recovery against the third party to the extent of all payments made to the
employee by the City for such related injury. The City shall have a right of first
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recovery against any payments made by or on behalf of such third parties to the
employee to the extent that such payments are in compensation for an element of
injury that the City has already paid.
VII. Fraudulent Claims
Evidence that workers compensation medical treatment or weekly indemnity or
injury leave was secured by fraudulent statements or deceptive practices will be
sufficient cause to immediately discharge the employment of the employee
involved.
VIII. Modified Duty (only for regular full-time employees with on- the- job injuries)
In some cases, regular full-time employees who have missed work due to an
injury sustained on the job are unable to return directly to the duties that they
previously performed. In these cases, employees may be assigned to modified
duty positions pending return to their previous employment positions, if such
modified duty is available and if judged by the attending physician to be within
the abilities of the employee. Modified duty assignments will not be appropriate
for all employees who have suffered a job-related injury. Such assignments will
be made on a case by case basis where appropriate for the benefit of the City and
the employee. If available, modified duty assignments are available only to
regular full-time employees who have sustained an on-the-job injury. In
accordance, the following modified duty procedures are established:
A. Supervision. Human Resources shall coordinate all modified duty
assignments with the Department/Division where the employees are
placed. The employee shall report to Human Resources for all
administrative matters related to their relationship with the City. Actual
supervision of the employees shall be performed by the
Department/Division in which the employee is placed with supervision
being coordinated with Human Resources.
B. Assignments. Whenever possible, Human Resources will assign
employees to modified duty positions within the Department/Division of
that employee's assignment immediately preceding his or her injury. If no
modified duty placement is available within that Department/Division,
Human Resources will attempt to find other modified duty work for the
employee. The duties of the modified duty position shall, where possible,
relate to the duties of the employee's position for which he or she was
hired. Modified duty work should be necessary, constructive,
rehabilitative and supportive of the City's overall operations.
C. Time Limitations. It is the purpose of modified duty assignments to allow
an employee to perform constructive and productive labor while
continuing to recuperate from a work-related injury. Modified duty
assignments shall not be of a permanent nature. Progress toward returning
to an employee's prior duties shall be regularly monitored and periodically
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evaluated, however in no instance shall an employee be allowed to remain
on modified duty for a period of over 180 cumulative calendar days, six
(6) months, from the date of the doctor's first release to modified duty.
D. Hours of Work. Most modified duty assignments are typically for 7:30
a.m. to 5:30 p.m., Monday through Friday. However, employees should
also recognize that some modified duty jobs will require working
evenings, weekends and holidays.
E. Vacation Holiday and Sick Leave. The provisions of the City's
Employee Manual relating to vacation, holiday and sick leave shall apply
to employees on modified duty.
F. Evaluations. Employees assigned to modified duty positions will not be
evaluated until such time as they return to the position for which they were
otherwise employed and have performed a sufficient length of time in that
position to be evaluated.
G. Probationary Employees. The probationary period of employees assigned
to modified duty shall be extended for an additional period equivalent to
the period of time that the employee is absent from work due to the illness
or injury and such additional period of time the employee is assigned to a
modified duty position.
H. Change in Assignments. All assignment changes for modified duty
personnel shall be coordinated through and approved by Human
Resources. The division for which the employee worked at the time of
injury shall be responsible for paying the employee's salary during the
modified duty period.
Requests for Modified Duty Personnel. All City Departments/Divisions
shall report to Human Resources the need of that Department/Division for
modified duty personnel. Human Resources shall be responsible for
assigning priority to filling such positions, and where the employee is not
placed within the employee's own Department/Division the employee will
be placed in accordance with priority requests.
J. Seniority. The time that an employee spends while on modified duty
assignments shall count toward that employee's seniority with the City
and within the Depai hnent/Division for which the employee was working
at the time of the work-related illness or injury.
IX. Termination
Leaves of absence for any reason including work-related injuries may not last
longer than six (6) months without some reasonable accommodation. As per
Chapter 143 of the Texas Local Government Code, Classified Police employees
who sustain an on-the-job injury may have fully paid leave for up to one (1) year.
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Any regular employee, who for a job-related injury or a combination of work-
related injuries, sick -related leaves of absence or FML qualifying events, misses a
total of six (6) months of work, will be separated from employment due to
unavailability for work if no reasonable accommodation is made. Any employee
part of said "no fault" separation will be eligible for rehire and will be able to
apply for any vacancies that may exist at any given time, depending upon
qualifications and availability of job openings. The six (6) month period shall be
measured cumulatively by the rolling backward method.
The City reserves the right to require an independent physical or mental
analysis/assessment by an occupational health care professional or a health care
professional of the City's choice and at the City's expense at anytime.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 6 — Risk Management
6.02 — Driving Records Checks
For the safety of the employees of the City and the citizens of the community, driving
standards are being established for all City employees who drive for the City. Traffic
laws of the State of Texas impose requirements on the City (as an employer) to assure
that employees are properly licensed and that their driving behavior both on and off the
job, reflects obedience to the laws of the state and the City. This driving record policy is
established as a means to assure this compliance.
A. At least once a year, the Safety Officer will submit on specified forms, requests
for driving record histories for all employees. The Safety Officer will also
compile those fleet accidents that are not maintained by DPS. This includes all
investigated on or off- road motor vehicle accident reports that are not required to
be reported to DPS but are maintained by Human Resources.
B. Upon receipt, each record shall be reviewed and points shall be assessed against
the employee's City driving record. A maximum of ten (10) points is allowable
on City driving records in a consecutive three (3) year period immediately
preceding the date of the record check. Points shall be assessed as follows:
ACCIDENT CITATION POINT ASSESSMENT
Class
Description
Points
NCI
Non -classifiable incident
not a collision.
0
Non -Preventable A
Collisions in which the
vehicle was parked or
was otherwise standing in
a position where it had a
legal right to be standing.
0
Non -Preventable B
Collisions where the
vehicle was in motion,
but it can be determined
that the collision was
clearly and absolutely
beyond the control of the
City driver.
0
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Preventable C
Collisions with little or
no property damage
where the City driver
failed to take reasonable
action that could have
avoided or prevented the
collision or where
preventability can be
shared with others,
backup spotters, landfill
attendants, flaggers, etc.
1-3
Preventable D
Collisions with moderate
to more serious property
damage or personal
injury where the City
driver failed to take
reasonable preventive
measures to prevent the
collision despite the
actions of others or
adverse conditions.
4-6
Preventable E
Collisions of a very
serious nature, normally
resulting in
hospitalization or major
property damage where it
is determined that the
responsibility rests
entirely on the City
driver.
7-10
Citations
Any moving vehicle
violations or citations
including no insurance,
expired license, or
seatbelt violation.
3
C. Points shall be assessed for violations arising from a preventable accident by the
Safety Committee. If the division has an accident review process, the findings
will be forwarded to the Safety Committee prior to the assessment. The Safety
Committee will then forward their recommendation for point assessment to the
Department Director for review and final disposition. The Department Director
will report the final outcome to the Director of Human Resources. Duplicate
points shall not be assessed for violations arising from a preventable accident and
an accompanying citation.
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D. No employee will be allowed to operate any vehicle for the City and may be
subject to disciplinary action, up to and including termination, if convicted or
placed on deferred adjudication or disposition for any of the following violations
in the immediately preceding three (3) years:
1. Driving while intoxicated;
2. Driving under the influence of alcohol or drugs, including prescription drugs;
3. Negligent homicide arising out of the use of a motor vehicle or gross
negligence;
4. Operating a motor vehicle while a driver's license is suspended or revoked;
5. Using a motor vehicle for the commission of a felony;
6. Aggravated assault with a motor vehicle;
7. Operating a motor vehicle without the owner's authority;
8. Reckless driving;
9. Leaving the scene of an accident involving bodily injury or property damage.
E. Any employee who drives for the City and who accumulates more than ten (10)
points in any consecutive three (3) year period shall be immediately removed
from any driving position and be subject to reassignment, and/or disciplinary
action, up to and including termination of employment.
F. Any employee who is required to drive as an essential function of his job and who
receives notice that his license to drive has been suspended or revoked or an
employee who fails to renew an expired license, must report this to his manager
or supervisor no later than the beginning of the first workday following receipt of
the notice of suspension or revocation or knowledge of the expiration. An
employee who properly reports a suspension, revoked or expired driver's license
may be reassigned to a non -driving position for the period of the suspension or
revocation or until the license is renewed, if such a position exists or may be
discharged at the discretion of the Department Director. Reassignment will
require the employee to be fully qualified for the new position and must be in the
best interest of the City. If no such position exists the employee may be subject to
discharge. An employee who fails to report a suspension or revocation or failure
to renew an expired license, which is later discovered or reported, may be subject
to disciplinary action up to and including termination of employment. Any
reassignment or disciplinary action needs to be coordinated through Human
Resources.
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G. Determination of Preventable Accidents
1. Whenever any accident is listed on the DPS report which was not listed on
previous DPS reports or which is not an accident occurring while driving
for the City, Human Resources shall request a copy of the accident report
from DPS.
2. Upon receipt of the accident report, the Safety Committee will review the
report and determine if the employee's driver's accident was preventable.
This can be determined by the listing of citations issued by the
investigating officer and by the contributing factors listed in the report if
the accident is a preventable accident. Human Resources will assess the
specified points to the employees driving record and forward the
assessment to the Department Director for review and final disposition.
The Department Director will report the final outcome to Human
Resources.
H. Improvement Points
1. If an employee has points on their City driving record and then drives for a
period of twelve (12) months without any further violations or accidents
being charged against them, up to three (3) improvement points may be
credited to the employee's driving record.
2. Every twelve (12) months after this, if the employee's record shows no
additional violations or accidents the employee's driving record may be
credited with up to three (3) points. This may continue until all
accumulated points are removed.
I. City Driving Record
Human Resources will maintain a City driving record for each employee. The
record will contain all DPS -reported citations, violations, or accidents and all
accidents occurring while the employee is driving for the City, whether or not
reported to the police and/or DPS. The employee's driving record will reflect any
points assessed as a result of citations, violations or preventable accidents
recorded by DPS. The employee's City driving record will be assessed points for
preventable accidents while operating City vehicles or equipment, even if these
accidents do not result in a police report or DPS record.
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CITY OF PEARLAND
EMPLOYEE MANUAL
Chapter 6 — Risk Management
6.03 - General Safety Policies
The success of the City's Safety Program depends upon the efficient and effective use of
resources to maintain high quality services for the citizens of our community. Our most
important resource is our employees, and to protect this resource, we are committed to
providing a safe and healthy work place for all employees by establishing and
maintaining an effective safety and accident prevention program. Safety is, and will
continue to be, a fundamental part of our organization's operations.
The responsibility for safety resides within all employees and they are each challenged to
stay informed and to take responsibility for their own safety and the safety of their co-
workers. To ensure the success of the safety process, employees must all give their full
participation and support to the safety policies and procedures that have been developed
to protect them. For additional information regarding the City's safety policies see the
City of Pearland's Safety Manual.
SAFETY RESPONSIBILITIES - GENERAL
The Director of Human Resources and Safety Management or their designee, has the
responsibility to administer and implement this Safety Program assigning tasks to staff
members as defined within the individual components.
A. Management Safety Responsibilities
Managers are responsible for providing a place of employment that is free from
recognized hazards that could result in injuries or accidents. Since it is impossible
for managers to personally observe all employee activities, they must ensure that
all supervisors and employees alike are trained and are aware of their safety
responsibilities. Other safety responsibilities for managers include:
1. Provide leadership and direction concerning safety activities.
2. Participate actively in the continuous evaluation of the safety program.
3. Set goals concerning safety performance within the department.
4. Review losses for potential trends on a regular basis.
5. Enforce all safety rules.
6. Participate in facility and worksite audits.
7. Participate and support all accident investigation activities.
8. Review accident reports and recommend corrective actions.
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B. Supervisor Safety Responsibilities
Safety is as much a part of the supervisor's responsibility as is getting the job
done efficiently. In addition to the aforementioned responsibilities of managers,
the important safety responsibilities of each and every supervisor also include:
1. Familiarizing themselves with and enforcing the safety rules and
regulations that have been established by applicable local, state, and
federal organizations. These regulations are intended to set minimum
standards for safety and the contents of the regulations should be enforced
as minimum safety requirements for all activities on City work sites and in
City facilities.
2. Correct, or have corrected, all reported hazards. Operating under known
hazardous conditions will not be tolerated.
3. Do not permit new or inexperienced employees to work with power tools,
machinery or complex equipment without proper instruction and training.
4. Give adequate instructions. Do not assume that an employee knows how
to do a job unless knowledgeable that the person can perform that task
correctly.
5. Ensure tools, equipment, and machinery being used in the workplace are
in proper working condition.
6. Ensure that proper personal protective equipment is available and utilized
by employees when necessary or required.
7. Always set a good example in safety, such as wearing the proper personal
protective equipment and following policies and procedures.
8. Consistently enforce the requirements of the City's safety program and
any associated rules or policies.
9. Ensure that all employees have access to a copy of the City's safety
program.
10. Encourage safety suggestions from employees.
11. Obtain prompt first aid for injured employees.
12. Participate in accident or incident investigations.
13. Conduct audits of all work areas and facilities on a regular basis in an
effort to improve housekeeping eliminate unsafe conditions and encourage
safe work practices.
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C. Employee Safety Responsibilities
Employees bear a certain amount of responsibility in any safety program. They
must be aware that their actions, knowledge, mental state, physical condition, and
attitude directly affect the safety of themselves and their fellow employees. All
employees will:
1. Know their job, follow instructions, and think before they act.
2. Use appropriate personal protective equipment as dictated by the job and
by policy.
3. Work according to written safety practices as trained, posted, instructed,
or discussed.
4. Refrain from any unsafe act that might endanger themselves or their
fellow workers.
5. Never take short-cuts and will use all safety devices provided for
protection.
6. Report any unsafe situation or act to their supervisor immediately.
7. Assume responsibility for thoughtless or deliberate acts that may cause
injury to themselves or their fellow workers.
8. Never operate equipment that they are unfamiliar with or not trained to
use. Defective equipment or equipment in need of repair shall not be used
and must be reported to the appropriate supervisor.
9. Report all accidents/incidents to their supervisor as soon as they occur.
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