PERSONNEL

MANUAL

November 2017

TABLE OF CONTENTS

ARTICLE Section - Attachment PAGES Statement of Organizational Values Statement of Management Values

1. Introduction 1-1

Purpose of Manual Administrative Responsibility Departmental Regulations

2. Definitions 2-1 - 2-2

3. Qualifications for Employment 3-1 Citizenship Verification Loyalty Oath Physical Exam

4. Equal Opportunity 4-1

5. Sexual and Other Workplace Harassment 5-1 - 5-2 Purpose Definition Policy Statement Complaint Procedure Retaliation Protection

6. Merit System 6-1

7. Probation 7-1

8. Performance Requirements 8-1 - 8-2 Performance Standards Evaluations of Performance Merit Salary Increases Adjusted Merit Salary Increases Performance Evaluation Appeal Process

9. Promotions, Transfers, Demotions and Reclassifications 9-1 - 9-5 Promotions Transfers Demotions Reclassifications Position Addition, Removal or Realignment

10. Compensation 10-1 – 10-3 Official Pay Plan

Pay Periods Total Compensation Pay Records Separation Pay Longevity Pay Clothing Skill/Competency-Based Pay Shift Differential

11. Insurance 11-1 Group Health Group Life Group Life - Fire Department Firemen's Relief Association Public Safety Officers Benefit Act

Unemployment Insurance

ARTICLE Section - Attachment PAGES 11. Insurance (cont.) 11-1

Attachment 11-A COBRA Attachment 11-B Notice of Right to Documentation of Health Coverage Attachment 11-C Notice of Privacy Practices 12. Workers Compensation 12-1 Attachment 12-A Workers Compensation Q&A Attachment 12-B Workers Compensation Rights & Responsibilities

13. Retirement Programs 13-1 Kansas Public Employees Retirement System (KPERS) Kansas Police and Fire Retirement System (KP&F) Social Security Deferred Compensation Plan

14. Holidays 14-1

15. Vacation 15-1 - 15-3 Accrual Use - Carry-Over Vacation Buy-Back

16. Sick Leave 16-1 - 16-2 Accrual Use Sick Leave Advancement

17. Other Leave 17-1 - 17-2 Emergency Leave Maternity Leave Civil (Court/Jury) Leave Military Leave Domestic Violence Leave Leave of Absence Family Leave Policy Attachment 17-A Employee Rights and Responsibilities under FMLA

Attachment 17-B Your Rights Under USERRA

18. Work Regulations 18-1 -18-10 Public Relations Chain of Command Freedom of Speech and Expression Appearance Attitude and Conduct Motivation/Knowledge Physical Fitness Care and Use of Equipment and Facilities Safety Driver's Policy Smoking Policy Return of City Property Change of Address or Family Status Responsibility to Report to Work in Adverse Situations Identification Cards Internet and Electronic Mail Use Software Duplication Parking Regulations - City-County Building Workplace Violence Mobile Phone Use Duty to Report Arrest

Confidential Information Attachment 18-A Driver’s Policy Q&A

ARTICLE Section - Attachment PAGES 19. Drug and Alcohol-Free Workplace 19-1 - 19-15

Drug and Alcohol-Free Workplace Policy General Procedures for Drug and/or Alcohol Testing Job Candidate Testing Reasonable Suspicion Testing Supplemental Rules For Transportation Safety Sensitive Positions Consequences of Positive Test Results For Alcohol Consequences of Positive Test Results For Drugs Duty to Report Conviction Under Criminal Drug Statue Employee Education and Assistance Confidentially

Miscellaneous Attachment 19-A Drug and Alcohol Policy Q&A

Attachment 19-B Transportation Safety-Sensitive Positions Q&A

20. Resolution Request & Grievance Processes 20-1

21. Hours of Work and Overtime 21-1 - 21-2 Schedules and Assignments Rest Periods Overtime Pay Nonscheduled Work Policy Payment for Hours Worked

22. Policies 22-1 - 22-4 Nepotism (Employment of Relatives) Prohibited and Permitted Political Activities Residency Outside Employment Litigation Against City Favors, Gifts, Gratuities, Rewards Travel Expense Tuition Reimbursement

23. Discipline 23-1 - 23-6 General Grounds for Disciplinary Action Forms of Discipline Appeals of Disciplinary Action Disciplinary Advisory Board

24. Separation and Reinstatement 24-1 - 24-2 Reduction in Work Force - Layoff Absent Without Leave Resignations Job Abandonment Reemployment After Resignation

25. Miscellaneous 25-1 - 25-2 Personnel Records Employee Suggestions and Recommendations Employee Organizations Credit Union United Way Garnishment Fees Reporting of Fraud, Theft, or Misuse of City Assets Recording Devices

Index 11/2017

CITY OF SALINA, KANSAS Statement

of Organizational Values

We Value Professional Ethics, which includes: o Honesty o Compassion o Fairness o Confidentiality o Reliability o Stewardship of resources o Respectfulness o Non-discriminatory behavior o Professionalism and personal courtesy

We Value our Commitment to Citizens through Customer Service, which includes:

o Courteous interaction with the public o Pride and ownership o Programs that address citizen needs o A sense of urgency and responsiveness o A service-oriented approach to patrons o Listening as well as hearing

We Value a Commitment to Excellence, which includes: o An ability to see the big picture o A sense of pride o A commitment to employee knowledge o Employee professionalism o Accountability o Teamwork o Protection of health, safety and public welfare o A willingness to embrace change o A commitment to organizational goals o Clear communication

It is our commitment to uphold these core values to the highest degree possible while representing the City of Salina in carrying out our municipal duties as public servants. As a result, these values form the basis for our interactions with the general public, with other agencies and with each other.

Recognized by the City Commission in Resolution No. 07-6384, April 9, 2007.

City of Salina STATEMENT OF MANAGEMENT VALUES

Salina is a city that blends the best of traditional values from its past with a progressive spirit toward its future. As managers for the City of Salina, we are proud to serve all of its citizens in maintaining and enhancing the high quality of life which characterizes our city. In performing our duties toward this end, the following set of management values describes our philosophy and guides our actions:

WE VALUE OUR COMMITMENT TO CITIZENS

We believe that our citizens expect and deserve the best possible public services. We strive to meet those expectations with fairness, effectiveness, efficiency, confidence and pride.

WE VALUE COMMITMENT TO EXCELLENCE

We strive for excellence in the delivery of public services. We believe that progressiveness, competency and a determination to “do the job right” are key ingredients in achieving excellence.

WE VALUE OUR RESPONSIBILITY AS LEADERS We are committed to exercising responsible leadership to attain and express the goals and values of the community. Such leadership requires the ability to set well-defined goals and to communicate the methods by which those goals are achieved. The exercise of leadership also means responding to the needs and ideas of our many constituencies as those goals are formulated.

WE VALUE OUR EMPLOYEES

We recognize that the most significant resource available to our city government is its employees. Our employees are entitled to a supportive work environment that encourages excellence and professional and personal growth.

WE VALUE EFFECTIVE COMMUNICATION

We are committed to maintaining candid, open communication among city staff, elected officials and the general public. Such an on-going process is vital to a healthy, progressive and trusting attitude within our municipal organization and the community.

WE VALUE PROFESSIONAL ETHICS

We affirm that personal integrity characterized by honesty, compassion, fairness and confidentiality is the basis for our day-to-day conduct. We require the highest ethical standards not only of ourselves but of our employees and colleagues.

Recognized by the Board of Commissioners in Resolution Number 86-3840, April 7, 1986

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October 2013

ARTICLE 1

"Introduction" Section 1. PURPOSE OF MANUAL

The purpose of these provisions, requirements and regulations is to promote, within the service of the municipal organization, the high degree of understanding, cooperation, efficiency and unity which comes from consistent application of good personnel policies and operational procedures.

The fundamental objectives of these provisions, requirements and regulations are:

A. To promote and increase efficiency and economy in the service of the municipal organization;

B. To develop and maintain a program of recruitment, advancement and tenure, all predicated on merit and fitness, which will make the municipal service attractive as a career and encourage each employee to render the best possible services to the people of Salina;

C. To establish and promote high morale among municipal employees by providing good

working relationships, uniform personnel policies, equal opportunity for advancement and consideration for employee needs and desires;

D. To provide fair and equal opportunity to all qualified or qualifiable persons to enter City

employment on the basis of demonstrated merit and fitness as determined through impartial and job related requirements, tests and interviews.

The personal pronouns and gender of nouns used in this manual shall not be construed as

limiting the provisions, rules or regulations to one or the other sex. Section 2. ADMINISTRATIVE RESPONSIBILITY

The personnel program consists of all laws, policies and procedures related to personnel administration in the service of the City and shall be administered by the Human Resources Director, department heads and supervisors under the direction of the City Manager. The policies and procedures of the personnel program shall apply to all employees, whether classified or unclassified, unless exemptions or exceptions are specified.

It shall be the responsibility of the Human Resources Director to see that those items which are purely informational in character are promptly corrected or updated at any time changes are made. It shall also be the responsibility of the Human Resources Director, upon approval of the City Manager, to provide copies to each holder of a manual of amended or additional pages at any time there are changes in federal or state laws or City ordinances which alter the provisions, requirements or regulations contained herein. All employees shall have either electronic access to this manual or a personal copy of this manual and amendments, depending upon preference. Section 3. DEPARTMENTAL REGULATIONS

The head of any department may formulate in writing administrative regulations necessary for the conduct of the department. A current copy shall be kept on file with the Human Resources Director and in the department for review by departmental personnel.

Nothing in this section shall be construed as granting any department authority to adopt regulations in violation of, or in conflict with, these or any other personnel regulations approved by the City Manager.

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October 2013

ARTICLE 2

"Definitions" ANNIVERSARY DATE The first or sixteenth day of the month coinciding with or following the employee’s date of employment. An employee's anniversary date does not change when an employee receives an early merit increase or a delayed merit increase. CHAIN OF COMMAND The line of responsibility and authority beginning with the City Commission and descending through the City Manager, department heads, assistants, various levels of supervision and ending with non-supervisory employees. CLASSIFICATION The assignment of a position to an appropriate class on the basis of the kind, difficulty and responsibility of work to be performed. CLOTHING ALLOWANCE Funds approved for the purchase and maintenance of required uniforms and/or uniforms issued and replaced in accordance with departmental regulations. COMPENSATION Salary and other benefits afforded employees for performing assigned responsibilities. DATE OF EMPLOYMENT The effective date as listed on the personnel action form. DEPARTMENT HEAD A director, administrator or officer in charge of a department or departments, appointed by and serving at the pleasure of the City Manager. EMERGENCY A sudden and unforeseen happening that requires the unscheduled services of an employee to protect the health, welfare and safety of the community or to carry out the responsibilities of the department. EMPLOYEE - CLASSIFIED FULL-TIME An employee in a position, established by the official pay plan, that requires an average of 40 or more hours per week on a regular year-round basis. EMPLOYEE - CLASSIFIED PART-TIME An employee in a position that requires 20 or more but less than 28 hours per week on a regular year-round basis. This employee is eligible for certain employee benefits. EMPLOYEE - INTERMITTENT An employee in a position that works an irregular schedule which is determined by the fluctuating demands of the work and is generally not predictable. Such employees work on as needed basis, usually for special events. EMPLOYEE - REGULAR PART-TIME An employee in a position that requires less than 20 hours per week on a regular year-round basis. EMPLOYEE - TEMPORARY/SEASONAL An employee in a position that works on a temporary basis, for a specific purpose or program. For example, recreational employees who only work during fair weather months at the water park. Generally, work does not exceed five (5) calendar months during a year.

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EMPLOYEE - UNCLASSIFIED An employee whose pay in the Official Play Plan as adopted by the City Commission lists a pay range outside of the established pay grades. GRIEVANCE A disagreement relating to employment and working conditions or relationships between an employee or a group of employees and supervisor. MANAGEMENT OFFICIALS Any appointed officer charged by law or ordinance with major policy, administrative, management or enforcement responsibilities. MERIT INCREASE Salary increases granted on the basis of job performance. OFFICIAL PAY PLAN ADJUSTMENT Increases or decreases to the salary schedule predicated on inflation information and depending upon the City's financial capability to make such adjustments. PERSONNEL FILE The official file of each employee maintained by the Human Resources Department. All records, reports and other material entered into such files are and shall remain the property of the City of Salina. PROBATIONARY EMPLOYEE An employee in the process of serving the required probationary (or trial) period. PROBATIONARY PERIOD A test or trial period during which a newly appointed employee is required to demonstrate ability and willingness to adequately perform the duties of the job. RESOLUTION REQUEST A request resulting from a disagreement relating to employment and working conditions or relationships between an employee or a group of employees and supervisor. (Formerly referred to as Grievance.) SUPERVISORY EMPLOYEE Any employee having authority, in the interest of the employer, to recommend action including hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them, or to adjust their grievances, or effectively to recommend a preponderance of such actions, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature but requires the use of independent judgment. SENIORITY DATE First or sixteenth day of the month coinciding with or following date of employment. This date is utilized for determining various employee benefits. An employee's seniority is not adjusted except for when an employee has been on unpaid leave of absence for more than 60 consecutive days.

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December 2007

ARTICLE 3

"Qualifications for Employment" Section 1. CITIZENSHIP VERIFICATION

All employees initially hired after November 7, 1986, for any position with the City, shall complete an employment eligibility verification statement in compliance with the federal Immigration Reform and Control Act of 1986. Section 2. LOYALTY OATH

K.S.A. 75-4308 passed by the 1968 State Legislature requires all public officers and employees to subscribe to the loyalty oath set forth in K.S.A. 54-106. Section 3. PHYSICAL EXAM

As part of the City’s employment procedures, an applicant may be required to undergo drug screening, and for certain positions a post-offer, pre-employment medical examination that is conducted by a physician designated by the City Manager or his or her designee. Any offer of employment that an applicant receives from the City is contingent upon, among other things, satisfactory completion of this screening and examination and a determination by the City and its examining physician(s) that the applicant is capable of performing the essential functions of the position that has been offered, with or without a reasonable accommodation.

As a condition of continued employment, employees may also be required to undergo

periodic medical examinations, drug screenings, and/or alcohol screenings at times specified by the City as consistent with applicable laws. In connection with these examinations, employees are required to provide the City with access to their relevant medical records, if requested. All company-required medical examinations and alcohol and drug screenings are paid for in full by the City.

Questions about medical examinations or alcohol and drug screenings should be directed

to your supervisor or the Human Resources Department. Further information about the City’s Drug Testing Policy can be found in this handbook at Article 19, Section 2.

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November 1998

ARTICLE 6

"Merit System"

The municipal organization exists in order to provide those services and facilities deemed to be essential or beneficial for the health, safety, welfare and convenience of the general public. Elected and appointed officials have the responsibility to see that municipal services, programs and projects are performed efficiently, economically and with only the essential number of employees.

Industrious, conscientious and capable employees are essential for a successful municipal operation. Employees must be selected, promoted and retained on the basis of merit and fitness. Merit for this purpose is defined as being deserving on the basis of qualification and ability. Fitness implies suitability for a particular job. The quality of the municipal service is dependent to a great extent on competition between applicants for job openings and between employees for advancement.

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February 2016

ARTICLE 7

"Probation"

Every person initially appointed to employment with the City of Salina shall be considered as being on probation unless specifically exempt by the City Manager. The probationary period for police officers, dispatchers, firefighters, and paramedics shall be one (1) year. The probationary period for all other classifications shall be six (6) months. The City Manager may extend the probationary period of any employee. The probationary period is intended to serve two purposes:

1. It should be considered as a trial period for both the employee and the employer. It constitutes the final phase of the selection process. It should give the employee the opportunity to make an on-the-job assessment of the work, the department, etc. This will permit the employee to decide, without obligation, if the job requirements are what was expected.

2. It permits the supervisors and department head to closely observe and evaluate the ability and willingness of the employee to adequately carry out the duties of the position. For most jobs within the municipal operation, this is a period of orientation and indoctrination. The employee is to be given entry level instruction, training and close supervision in order to afford the maximum opportunity to become a real asset to the organization. During this time, supervisors shall encourage and assist the individual in making a successful adjustment to the job.

Only those employees who meet acceptable minimum performance and conduct

standards during the initial probationary period will be retained. This determination shall be based on the total evaluations of the supervisors and department head. Upon satisfactory completion of the probationary period, the department head shall submit a personnel action form to Human Resources.

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February 2016

ARTICLE 8

"Performance Requirements" Section 1. PERFORMANCE STANDARDS

The City intends to ensure employees uphold a standard of performance (i.e. job performance and conduct) that justifies employment. Section 2. EVALUATIONS OF PERFORMANCE

Each department shall utilize an evaluation system. The method of evaluation and related forms shall be recommended by the department head with approval by the Human Resources Director. For classifications that are cross-departmental, the same forms shall be used when possible to ensure consistency and equity in the process. All methods of evaluations and related forms should be submitted to the Human Resources Director for approval prior to use. The systems shall be periodically reviewed in order to assure that they are serving the intended purposes.

The systems shall include written reports from immediate supervisors at a minimum of an annual basis. All such reports shall become and remain a part of the individual's personnel record, maintained by the Human Resources Director. Employees shall receive a copy of their performance evaluations.

All evaluation reports shall be processed through the department's chain of command, with each supervisor acknowledging by signature that the report has been reviewed. Each level of supervision or management should add notes of concurrence, disagreement or additional observation and opinion concerning the employee's performance and evaluation.

The employee being evaluated shall be furnished a copy of the evaluation and requested to read and to sign the same. In the event the employee refuses to sign the evaluation report, the supervisor will make this notation on said evaluation report and process the same in the regular manner. The employee shall be permitted to submit a written statement concerning the evaluation. The evaluation form shall include space for the employee to comment on the evaluation and a space to indicate agreement or disagreement with the evaluation. In the event employees need additional space, he or she may provide an attachment to the evaluation. All evaluations shall be created from the electronic form and printed. Any non-probationary employee who receives an unsatisfactory evaluation shall be reevaluated at the end of a three (3) month period. A second unsatisfactory evaluation shall constitute cause for purposes of consideration of a reduction in pay, demotion or dismissal. Section 3. MERIT SALARY INCREASES

Salary ranges for all municipal positions are contained in the Official Pay Plan adopted by the City Commission. Each job classification has a minimum and a maximum salary level.

All increases are to be granted strictly on a merit and fitness basis and are not to be considered automatic. In order to be recommended for a merit increase, an employee must demonstrate the Organizational Values and receive an overall performance rating that indicates he or she has met the supervisor’s expectations. Denial of a merit increase due to job performance does not constitute disciplinary action. The Department Head shall submit recommendations for merit increases in written form to the Human Resources Director for approval. The final decision on granting the increase may be

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subject to the approval of the City Manager in accordance with the Pay Plan. The City shall not be obligated to grant merit increases if the funds are not available and budgeted. Section 4. ADJUSTED MERIT SALARY INCREASES

Department Heads may delay consideration of an employee's merit increase if they feel they have not had sufficient time to measure the performance.

Section 5. PERFORMANCE EVALUATION APPEAL PROCESS

If an employee believes that the rating(s) received on an evaluation do not accurately

reflect performance or feels that he or she was unjustly denied a merit increase for failure to demonstrate the Organizational Values, a written appeal may be submitted to the Human Resources Department. The appeal must be submitted within fifteen (15) calendar days after receiving the written performance review. The employee signature acknowledging the evaluation has been reviewed with the employee is considered the receipt date.

Upon receipt of the appeal, the Human Resources Director will schedule a meeting with

the employee, relevant supervisory staff, and the City Manager to review the information within ten (10) working days.

The City Manager’s decision is final.

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July 2012

ARTICLE 9

"Promotions, Transfers, Demotions and Reclassifications" Section 1. PROMOTIONS

It is the policy of the City to fill all vacancies for skilled, supervisory and upper-level positions from the ranks of present employees, whenever possible and practical, consistent with the city's obligation to fill public employee positions with the best qualified candidates, and consistent with equal opportunity and affirmative action requirements. All employees seeking promotion shall be expected to meet the qualifications for the classification to which they seek promotion. Employees shall be made aware of promotional opportunities by notices on department bulletin boards, City website(s), and/or email. The Human Resources Director shall promptly distribute such notices. A. Definition:

A title change in and of itself does not constitute a promotion. In order to be considered a promotion, at least two of the following criteria must be satisfied.

1. The employee is moving to a new, more responsible job with increased responsibilities

(e.g. supervisory role, management discretion over a division, additional decision making/autonomy).

2. The position must be at least one pay grade higher.

3. The position the employee is moving into must be in the same established job family

(e.g. Maintenance Worker I and Maintenance Worker II). B. Procedures for Promotions:

Filling a vacancy by promotion may occur without public job advertisement with the City Manager’s approval.

Vacancies can exist when:

a. An incumbent leaves a position.

b. New positions are added in the annual budget process.

C. Effect on Employee:

Promoted employees are similar to newly hired employees with respect to probationary requirements and performance and merit increase review schedule.

Probationary Period: All employees will serve the applicable probationary period beginning from the date of promotion during which their fitness to perform the duties of the new position will be evaluated by their supervisor.

Salary Rate: The Department Head may place the promoted employee at or above the minimum entry level of the new salary range, depending on the employee's qualifications for the new position. Demotion During Probation: Promoted employees who cannot satisfactorily perform in the new position may be demoted at any time during the probation period and returned to their previous position or a reasonably comparable position, provided such an opening is

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available.

Performance and Merit Increase Review Schedule: The promoted employee's anniversary date will be adjusted to reflect the date of the promotion. If an employee has exceptional performance after six (6) months, he or she may be eligible for an early merit increase. Otherwise, the promoted employee will be eligible for a performance and merit increase review, when budgets allow, after twelve (12) months and annually thereafter.

D. Qualifications for Promotion

All promotions shall be on the basis of merit and fitness determined by competitive, written examinations, assessments and/or interviews, wherever practical, and with consideration of the employee's total work record. All tests, interviews and other methods of determining qualifications for promotions shall be related to the job for which the employee is being considered. All promotions shall be recommended by the department head and subject to approval of the City Manager.

Section 2. TRANSFERS

Every employee has the privilege of requesting a transfer when a vacancy exists. This does not restrict the City's right to make a non-requested lateral transfer or assignment when deemed in the City's best interests.

It shall be the responsibility of every supervisor and department head to give deliberate and impartial consideration to each such request within their respective departments.

The Human Resources Director, department heads and supervisors of all departments shall see that notices of all vacancies within the municipal organization are promptly posted so that every employee may have the opportunity to request the transfer/ make application.

Personnel action forms shall be signed by both department heads involved in the transfer, if applicable, with final approval by the City Manager.

Any employee who transfers from one position to another shall be entitled to retain all accrued sick leave, vacation leave and other such earned fringe benefits. Eligibility to transfer from one retirement program to another shall depend on the relevant state laws or regulations regulating the programs. A. Definition:

There are two types of transfers - lateral transfers and non-lateral transfers.

A lateral transfer is the movement of an employee from one position to another within the same pay grade.

A non-lateral transfer is the movement of an employee from one position to another with a higher or lower pay grade.

B. Effect on Employee:

Transferred employees are similar to newly hired employees with respect to probationary requirements and performance and merit increase review schedule. Probationary Period: All employees will serve the applicable probationary period beginning from the date of the transfer during which their fitness to perform the duties of the new position will be evaluated by their supervisor. The probationary period may be waived by the City Manager.

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Salary Rate: The Department Head may place the transferred employee at or above the minimum entry level of the new salary range, depending on the employee's qualifications for the new position.

Demotion During Probation: Transferred employees who cannot satisfactorily perform in the new position may be demoted at any time during the probation period and returned to their previous position or a reasonably comparable position, provided such an opening is available.

Performance and Merit Increase Review Schedule: The transferred employee's anniversary date will generally be adjusted to reflect the date of the transfer. The employee will be eligible for a performance and merit increase review, when budgets allow, after 12 months and annually thereafter.

Section 3. DEMOTIONS A. Definition

A demotion is a downward movement of an employee from one position to another within an established job family (e.g. Maintenance Worker I and Maintenance Worker II) or to a position within the department with less responsibility (e.g. supervisor to non-supervisor) which may be due to inability to satisfactorily perform assigned duties, for disciplinary reasons or during periods when it is necessary to lay off employees due to lack of work or funds. If an employee requests to be placed in a position at a lower pay grade within an established job family, this will be considered a non-lateral transfer.

B. Effect on Employee:

When a demotion is for failure to perform satisfactorily in the position to which the employee was promoted, he/she may return to the previously held position or a reasonably comparable position, provided such an opening is available. The probationary period may be waived by the City Manager.

When an employee is demoted into a position that he/she has not previously held, the employee will serve the applicable probationary period beginning from the date of demotion during which his/her fitness to perform the duties of the new position will be evaluated by their supervisor. The probationary period may be waived by the City Manager. The employee's anniversary date will generally be adjusted to reflect the date of the demotion. The employee will be eligible for a performance and merit increase review after 12 months and annually thereafter.

If the employee's pay in the current position exceeds the maximum in the demoted position, his/her pay will be reduced to that maximum or a lower level in the new range, as determined by the Department Head. The employee's anniversary date will generally be adjusted to reflect the date of the demotion. The employee will be eligible for a performance and merit increase review, when budgets allow, after 12 months and annually thereafter.

Section 4. RECLASSIFICATIONS A. Definition:

A reclassification is the re-evaluation and reassignment of a position to assure that the pay plan accurately reflects the worth of the position.

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A position may be reassigned either upward to a higher pay grade or downward to a lower pay grade. Reclassification is an action taken to recognize one of two conditions.

1. The duties, responsibilities and qualifications of an existing position have substantially changed over time to the extent that the position no longer resembles others of its class.

2. Labor market conditions, as evidenced by the City's recruitment and retention experience and verified by salary survey data, indicate a need to re-evaluate a position's location in the pay plan.

The preferable method of altering departmental personnel allocations is through the budgetary process, thereby allowing the City Commission to review the staffing request.

The reclassification process should not be used to reward an employee who is performing well in a properly classified position but who possesses potential to perform in a higher level position which the City does not need. It is also inappropriate to use reclassification to provide additional salary growth to an employee who has reached the top of his/her salary grade.

In other words, reclassification should not be used in place of a promotion. An employee who is performing extremely well may be rewarded by promotion, if a vacancy exists, up through the class series (e.g. Maintenance Worker I to Maintenance Worker II) but this should not be considered a reclassification.

Reclassifications are distinguished from promotions in the following manner:

1. A promotion is the upward movement of an employee into an existing vacant position in a higher pay grade.

2. A reclassification is the upward or downward movement of a job or the restructuring of a position to better align with the role and responsibilities.

B. The Reclassification Process:

A Department Head wishing to reclassify a position should develop written justification for the request and submit this to the Human Resources Director for review. The Human Resources Director will develop a recommendation concerning the proposed reclassification which is submitted to the City Manager. The City Manager will review the reasons for the request and the recommendation from the Human Resources Director before making final determination on the reclassification.

C. Effect of Reclassification Changes on Incumbent:

Employees holding positions designated for reclassification who are performing the duties of the new position at the time of the reclassification will be reclassified with the position.

Employees holding positions designated for reclassification who are not performing the duties of the new position at the time of the reclassification will not be reclassified with the position. Under these circumstances, the incumbent employee may apply for the newly reclassified position. If the incumbent employee is not selected to fill the new position, he/she will be eligible to be demoted, laterally transferred, or promoted to another available position in the City. If no vacancies exist, the City's layoff provisions may be used.

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D. Probationary Period:

Employees holding positions which are reclassified to recognize the assumption of additional and/or different duties will not serve a probationary period. Employees holding positions which are reclassified to recognize labor market conditions will not serve a probationary period because they have not assumed additional duties.

E. Salary Rate:

To recognize additional or a reduction of duties and responsibilities, a Department Head may place the employee in the reclassified position at or above the minimum entry level of the new salary range. The anniversary date will not change.

Employees holding positions reclassified due to labor market conditions may receive a salary increase if their current salary falls below the minimum level of the new range.

The anniversary dates of employees in positions reclassified due to labor market conditions will not change.

Section 5. POSITION ADDITION, REMOVAL OR REALIGNMENT The City Manager may add, remove, or realign current positions to better meet the needs of the organization and the services provided when the end result of the change(s) does not result in a budgetary increase. In the event the changes would impact the budget, those changes shall be implemented only upon authorization of the City Commission.

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February 2016

ARTICLE 10

"Compensation and Benefits"

Section 1. OFFICIAL PAY PLAN

Purpose - To provide like pay for like work; to help establish uniform standards for recruiting, hiring, work performance and promotional opportunities; to provide uniform and relevant titles for all positions; and to establish a logical and equitable relationship between different types of jobs for purposes of compensation.

All employees should realize the "law of supply and demand" is a determining factor in establishing salaries as well as in the selling price of a product. The task of keeping in balance all salaries of the various municipal jobs and between the several departments is extremely difficult. Each individual has an opinion as to what the compensation should be for each classification. Not only should salaries and other forms of compensation for municipal jobs be kept in proper relationship, one with another, but also with those offered by other public agencies and private business for comparable jobs, particularly within the job market area. The final authority concerning amending, adopting and funding the Official Pay Plan is the responsibility of the City Commission.

Classification - Each job within the classified municipal service shall be assigned an individual title, or jobs of similar characteristics, duties and responsibilities shall be assigned to a group classification.

Specification - Each job shall be explained by a description of the duties, responsibilities and requirements for qualification.

Method of Classification - Each job shall be classified in accordance with the character, difficulty and responsibility of designated duties, skills, education, physical requirements, hazards, supervision received and exercised.

Changing the Classification of Positions - As the role of local government changes and services are added, modified or discontinued, it will be necessary for certain jobs to be reclassified, for some classifications to be discontinued and others added. The City Manager may reclassify, reassign and/or transfer any employee when such reclassification, reassignment and/or transfer is essential or desirable for the improvement of the municipal operation or the benefit of the employee.

As a result of periodic studies and updates of the pay plan, the various jobs may be redefined, specifications altered, jobs reclassified and a different system of grading or salary ranges adopted.

Section 2. PAY PERIODS

All personnel are paid biweekly. Time sheets are submitted by each department head for the pay period, and checks are distributed every other week in accordance with the payroll calendar. In the event a payday falls on a holiday, paychecks will be distributed on the day closest to the normal pay date. The paycheck stub shall show the employee's accrued vacation, personal holiday and sick leave. Additional payroll processing may be authorized by the Human Resources Director. See Article 21 “Hours of Work and Overtime”, Section 5.

Section 3. TOTAL COMPENSATION

Total compensation includes salary and the value of the City's contribution to all fringe benefits (vacation, paid holidays, longevity pay, sick leave, insurance, retirement, uniform or clothing allowance, etc.). Annually, the City will provide each employee with a calculation of total compensation.

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Section 4. PAY RECORDS

The Human Resources Director shall keep adequate records of all persons employed, their pay scale, time worked, accrued vacation and sick leave, all absences from duty and all other records pertinent to all personnel.

Section 5. SEPARATION PAY

An employee who is laid off, dismissed or who otherwise terminates his employment shall receive his final paycheck on the first regularly scheduled payday following termination of employment.

Employees shall be paid for all accrued vacation leave upon termination of employment.

Employees who have at least five (5) consecutive, uninterrupted years of employment with the City shall receive, upon termination in good standing, payment for one-third of their accumulated sick leave hours at their current hourly pay rate.

Section 6. LONGEVITY PAY

The City may grant longevity pay, funds permitting and upon recommendation of the City Manager and approval of the City Commission, in recognition of length of service to the City and for job performance. If paid, classified full-time and classified part-time employees shall be eligible to receive longevity pay, providing they have completed five (5) consecutive, uninterrupted years of service or more with the City as of November 30 in a classified position or positions. Employees must also receive a minimum of an overall “Good” rating on the annual performance review as well as meet the Organizational Values. If paid, longevity shall be distributed to employees by December 15th. Classified full-time employees shall receive $3.50 for each full month of service and classified part-time employees shall receive $1.75 for each full month of service.

Upon termination in good standing and meeting the criteria stated above in the most recent performance evaluation prior to separation, employees with five or more years of consecutive, uninterrupted years of service in a classified position or positions shall be entitled to longevity pay at a prorated amount. The employee shall be entitled to 1/12 of the longevity pay amount for each full calendar month since the previous December 1st.

Section 7. CLOTHING

In those departments where a clothing allowance is provided or uniforms otherwise furnished, it shall be the responsibility of the department head, with the approval of the City Manager, to establish a standard list and authorized inventory to be maintained by each employee. Clothing allowance is intended to enhance the general appearance of the entire department and shall not be considered a salary supplement.

Uniforms provided by the City shall be worn only during the performance of municipal responsibilities or other functions specifically approved by the department head.

Each department which provides special clothing, uniforms or a clothing allowance shall, with the approval of the City Manager, develop appropriate regulations on the inventory each employee shall maintain, type of uniforms or clothing to be worn, responsibility for cleaning and maintenance and disposition of uniforms or clothing when the employee leaves the department.

Section 8. SKILL/COMPENTENCY-BASED PAY

Intent – It is the City’s intent to establish and maintain an environment that fosters on-going professional development, training and skill enhancement that enhances overall job performance, increases employee value and improves community service delivery.

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Administration – Subject to approval by the City Manager, the Human Resources Department is authorized to create and administer a skill/competency-based pay system which is intended to foster and reward employee development of identified skills and/or competencies which compliment and are in addition to skills and competencies determined to be required, for the applicable job description. As components of the skill/competency-based pay system, the Human Resources Department shall develop application requirements, qualification criteria, and compensation parameters. Additionally, the Human Resources Department shall work closely with each functional department to review, structure and approve the skill/competency systems as well as develop review and approve employee development plans to ensure the identified skills/competencies meet the intent of the program, directly relate to the functional performance needs and will be adequately utilized to the benefit of the City.

Pay – Compensation for applicable skill/competency attainment is considered separate

from salary/pay provided within the pay and classification grade structure. Skill/competency-based pay may be either in the form of lump-sum or ongoing compensation. The employee must retain the skill/competency in order to receive the pay in an ongoing manner. An individual skill/competency attainment shall not exceed ten percent (10%) of an employee’s base hourly rate/annual salary, with total skill/competency-based pay not greater than fifteen percent (15%) and/or not to exceed maximums established by the respective department(s).

Examples of skills/competencies that may qualify for skill/competency-based pay include, but are not limited to, educational degrees from accredited colleges or universities, professional certifications or licenses, instructional certifications, non-English language speaking ability, cross-training, and internal designations specific to the City of Salina. Departments will review and provide to the Human Resources Department a list of employees and their respective skill/competency-based pay on an annual basis.

Section 9. SHIFT DIFFERENTIAL PAY - POLICE EMPLOYEES

To assist in recruiting and/or retaining employees who are required to perform shift work on a regular basis as a condition of employment, certain sworn and civilian non-exempt employees of the police department are eligible to receive additional shift differential pay at the rate of .75 cents per hour worked.

A. Eligibility

Shift differential pay shall be provided for any eight (8) hour, ten (10) hour, or twelve (12) hour workday in which the majority of work hours occur after 3:00 p.m. and prior to 6:00 a.m. Employees normally assigned to such hours shall be paid a shift differential for all hours actually worked. For purposes of this section, majority work hours must be expressed in whole numbers. Five (5) hours constitutes a majority of hours for eight (8) hour work schedules; six (6) hours constitutes a majority for ten (10) hour work schedules. Employees must work an entire pay period during the aforementioned hours to be eligible for shift differential pay. A shift differential shall not be paid to those employees who change work hours in the middle of a pay period, work a partial pay period, or to probationary officers during the period of time spent in the Field Training Officer program. B. Guidelines Shift differential pay shall be paid for actual hours worked during the workday and for those hours when an employee is on paid leave of any type. If shift differential pay is applicable and authorized overtime occurs in conjunction with the regular workday, the shift differential shall be paid for each hour of overtime worked, and the shift differential pay shall be added to the base hourly rate prior to computing the overtime rate. Shift differential pay is applicable to hours worked when called back to duty if the employee otherwise qualifies for the shift differential pay. Upon retirement or separation for any reason, shift differential pay shall not be applicable to terminal pay for accrued vacation, sick leave or any other accrued hours which may be compensable.

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November 1998

ARTICLE 11

"Insurance"

Section 1. GROUP HEALTH

The City offers a group medical, hospitalization, prescription and dental benefit plan to all classified full-time and classified part-time employees. Contact the Human Resources Department for details.

Section 2. GROUP LIFE

The City pays the entire premium for a group term life insurance policy for all classified full-time and classified part-time employees. Please contact the Human Resources Department for details.

Section 3. GROUP LIFE - FIRE DEPARTMENT

The Firemen's Relief Association provides a separate term life insurance policy to its members. Contact the Fireman's Relief Association for details.

Section 4. FIREMEN'S RELIEF ASSOCIATION

Certain fire personnel are eligible for benefits provided by the Firemen's Relief Association.

For additional information, contact the Salina Firemen's Relief Association.

Section 5. PUBLIC SAFETY OFFICERS BENEFIT ACT

The Public Safety Officers Benefit Act provides payment to the eligible survivors of a public safety officer (law enforcement officer or a firefighter) who died in the "direct and proximate result of personal injury sustained in the line of duty." For more information, contact the Human Resources Department.

Section 6. UNEMPLOYMENT INSURANCE

Any person whose employment with the City of Salina is terminated for any reason should check with the Kansas Employment Security Division concerning eligibility for unemployment compensation as permitted by state law and regulations.

Health Care - Continuation Coverage - COBRA Attachment 11-A (December 2000)

On April 7, 1986, a Federal law was enacted (Public Law 99-272, Title X) requiring that most employers sponsoring group health plans offer employees and their families the opportunity for a temporary extension of health coverage (called continuation coverages) at group rates in certain instances where coverage under the plan would otherwise end. This notice is intended to inform you, in a summary fashion, of your rights and obligations under the continuation coverage provisions of the new law. You (and your spouse if you are married) should take the time to read this notice carefully and keep it with your records. If you are an employee of the City of Salina covered by the City of Salina Health Insurance plan, you have a right to choose this continuation coverage if you lose your group health coverage because of a reduction in your hours of employment or the termination of your employment (for reasons other than gross misconduct on your part). If you are the spouse of an employee covered by the City of Salina Health Insurance plan, you have the right to choose continuation coverage for yourself if you lose group health coverage under the City of Salina Health Insurance plan for any of the following four reasons:

(1) The death of your spouse;

(2) A termination of your spouse’s employment (for reasons other than gross misconduct) or reduction in your spouse’s hours of employment with the City of Salina;

(3) Divorce or legal separation from your spouse; or

(4) Your spouse becomes entitled to Medicare.

In the case of a dependent child of an employee covered by the City of Salina Health Insurance plan, he or she has the right to continuation coverage if group health coverage under the City of Salina Health Insurance plan is lost for any of the following five reasons:

(1) The death of the employee;

(2) The termination of the employee’s employment (for reasons other than gross misconduct) or reduction in the employee’s hours of employment with the City of Salina;

(3) The employee’s divorce or legal separation;

(4) The employee becomes entitled to Medicare; or

(5) The dependent child ceases to be a “dependent child” under the City of

Salina Health Insurance plan.

Under the law, the employee or a family member has the responsibility to inform the City of Salina Human Resources Department of a divorce, legal separation or a child losing dependent status under the City of Salina Health Insurance plan within 60 days of the date of the event. The City of Salina has the responsibility to notify the plan administrator of the employee’s death, termination, reduction in hours of employment or Medicare entitlement. Similar rights may apply to certain retirees, spouses and dependent children if the City of Salina commences a bankruptcy proceeding and these individuals lose coverage. When the City of Salina Human Resources Department is notified that one of these events has happened, they will in turn notify you that you have the right to choose continuation coverage. Under the law, you have at least 60 days from the date you would lose coverage because of one of the events described above to inform the Human Resources Department that you want continuation coverage. If you do not choose continuation coverage on a timely basis, your group health insurance coverage will end. If you choose continuation coverage, the City of Salina is required to give you coverage which, as of the time coverage is being provided, is identical to the coverage provided under the plan to similarly situated employees or family members. The law requires that you be afforded the opportunity to maintain continuation coverage for 36 months unless you lost group health coverage because of a termination of employment or reduction in hours. In that case, the required continuation coverage period is 18 months. This 18 months may be extended for affected individuals to 36 months from termination of employment if other events (such as a death, divorce, legal separation, or Medicare entitlement) occur during the 18 month period. In no event will continuation coverage last beyond 36 months from the date of the event that originally made a qualified beneficiary eligible to elect coverage. The 18 months may be extended to 29 months if a qualified beneficiary is determined by the Social Security Administration to be disabled (for Social Security disability purposes) at any time during the first 60 days of COBRA coverage. This 11-month extension is available to all individuals who are qualified beneficiaries due to a termination of reduction in hours of employment. To benefit from this extension, a qualified beneficiary must notify the Human Resources Department of that determination within 60 days and before the end of the original 18-month period. The affected individual must also notify the Human Resources Department within 30 days of any final determination that the individual is no longer disabled. A child who is born to or placed for adoption with the covered employee during a period of COBRA coverage will be eligible to become a qualified beneficiary. In accordance with the terms of the City of Salina Health Insurance plan and the requirements of federal law, these qualified beneficiaries can be added to COBRA coverage upon proper notification to the Finance Department of the birth or adoption. However, the law also provides that your continuation coverage may be cut short for any of the following five reasons:

(1) The City of Salina no longer provides group health coverage to any of its employees;

(2) The premium for your continuation coverage is not paid on time;

(3) The qualified beneficiary becomes covered under another group health plan that does not contain any exclusion of limitation with respect to any preexisting condition he or she may have;

(4) The qualified beneficiary becomes entitled to Medicare;

(5) The qualified beneficiary extends coverage for up to 29 months due to

disability and there has been a final determination that the individual is no longer disabled.

*The Health Insurance Portability and Accountability Act of 1996 (HIPAA) restricts the extent to which group health plans may impose pre-existing condition limitations. These rules are generally effective for plan years beginning after June 30, 1997. HIPAA coordinates COBRA’s other coverage cut-off rule with these new limits as follows. *If you become covered by another group health plan and that plan contains a pre-existing condition limitation that affects you, your COBRA coverage cannot be terminated. However, if the other plan’s pre-existing condition rule does not apply to you by reason of HIPAA’s restrictions on pre-existing condition clauses, the City of Salina Health Insurance plan may terminate your COBRA coverage. You do not have to show that you are insurable to choose continuation coverage. However, continuation coverage under COBRA is provided subject to your eligibility for coverage; the City of Salina reserves the right to terminate your COBRA coverage retroactively if you are determined to be ineligible. Under the law, you may have to pay all or part of the premium for your continuation coverage plus any applicable administrative fees. Further, the monthly premium for an insured who is entitled to 29 months of COBRA coverage, rather than 18 months, due to a disability, is 150% of the group premium for months 19-29 plus any applicable administrative fees. There is a grace period of at least 30 days for payment of the regularly scheduled premium. At the end of the 18 month, 29 month or 36 month continuation coverage period, qualified beneficiaries will be allowed to enroll in an individual conversion health plan offered by Blue Cross/Blue Shield. If you have any questions please contact the City of Salina Human Resources Department at: City of Salina Human Resources Department P.O. Box 736 Salina, KS 67402-0736 (785) 309-5710 Or stop by: City/County Building - Room 200 Remember that if you have changed marital status, or you or your spouse have changed addresses, or a dependent ceases to be a dependent eligible for coverage under our plan, you must immediately notify the City of Salina at the above address.

Notice of Your Right to Documentation of Health Coverage Attachment 11-B (December 2000)

Federal law may affect your health coverage if you are enrolled or become eligible to enroll in health coverage that excludes coverage for preexisting medical conditions. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) limits the circumstances under which coverage may be excluded for medical conditions present before you enroll. Under the law, a pre-existing condition exclusion generally may not be imposed for more than 12 months (18 months for a late enrollee). The 12-month (or 18-month) exclusion period is reduced by your prior health coverage. You are entitled to a certificate that will show evidence of your prior health coverage. If you buy health insurance other than through an employer group health plan, a certificate of prior coverage may help you obtain coverage without a pre-existing condition exclusion. Contact your State insurance department for further information. You have the right to receive a certificate of prior health coverage since July 1, 1996. You may need to provide other documentation for earlier periods of health care coverage. Check with your new plan administrator to see if your new plan excludes coverage for preexisting conditions and if you need to provide a certificate or other documentation of your previous coverage. To get a certificate, complete the attached form and return it to:

City of Salina – Human Resources Department P. O. Box 736 Salina, KS 67402-0736 Phone: 785-309-5710 Or stop by: City/County Building - Room 200

The certificate must be provided to you promptly. Keep a copy of this completed form. You may also request certificates for any of your dependents (including your spouse) who were enrolled under your health coverage.

REQUEST FOR CERTIFICATE OF HEALTH COVERAGE Name of Participant: ___________________________ Date: ________________ Address: ___________________________ ___________________________ ___________________________ Telephone: ( ) Please list name and relationship of any dependents for whom certificates are requested (and their address if different from above): __________________________________ __________________________________ __________________________________

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Notice of Privacy Practices

Attachment 11-C (March 2003)

Attention Members: Your privacy and the protection of your personal health information has always been a top priority. We are providing you with this document because we are required to send you a written notice of Privacy Practices prior to the April 14, 2003 effective date of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). We follow the privacy practices that are described in this notice. If we materially change any of these practices, we will provide you with a new Notice. It is possible that you have received or will receive more than one copy of the Notice of Privacy Practices from us if you are enrolled in more than one of the products we offer.

NOTICE OF PRIVACY PRACTICES

________ (City of Salina – Group Health, Prescription & Dental Plan)__________

(Referred to as the Group Health Plan or “we” in this document)

THIS NOTICE DESCRIBES HOW PROTECTED HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED BY YOUR GROUP HEALTH PLAN AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.

PLEASE REVIEW IT CAREFULLY.

Protected Health Information is individually identifiable information about you. All of the following are examples of Protected Health Information: Demographic information like your name, address and social security number; Medical information that relates to your past, present or future physical or mental health that is collected/created/received from you, a health care provider, a health plan, employer or a health care clearinghouse; the providing of health care; or

past, pre t ment for providing health care to You. the sen or future pay

Our Legal Duty

We are required by applicable federal and state laws to maintain the privacy of your Protected Health Information. We are also required to give you this notice about our privacy practices, our legal duties, and your rights concerning your Protected Health Information. We must follow the privacy practices that are described in this notice while it is in effect. This notice takes effect on April 14, 2003 or the date coverage became effective for you, whichever is later, and will remain in effect until we replace it.

We reserve the right to change our privacy practices and the terms of this notice at any time, provided such changes are permitted by applicable law. We reserve the right to make the changes in our privacy practices and the new terms of our notice effective for all Protected Health Information that we maintain, including Protected Health Information we created or received before we made the changes. Before we make a significant change in our privacy practices, we will change this notice and send the new notice to our health plan Subscribers at the time of the change.

You may request a copy of our notice at any time. For more information about our privacy practices, or for additional ntact us using the information listed at the end of this notice. copies of this notice, please co

Uses and Disclosures of Your Protected Health Information

We use and disclose Protected Health Information about you for treatment, payment and health care operations: For example:

Treatment: We may use or disclose your Protected Health Information to a Doctor, a Hospital, or other health care provider on request when necessary to assist in your treatment. For example, we might disclose your Protected Health Information to assist in case management or precertification activities.

Payment: We may use and disclose your Protected Health Information to pay claims from Doctors, Hospitals and other providers for services delivered to you that are covered by your health plan. For example, we might disclose your Protected Health Information to determine your eligibility for benefits, to coordinate benefits, to examine Medical Necessity and to issue explanations of benefits to the person who subscribes to the health plan in which you participate. We may disclose your Protected Health Information to a health care provider or entity subject to the federal Privacy Rules so they can obtain payment or engage in these payment activities.

Health Care Operations: We may use and disclose your Protected Health Information in connection with our health care operations. Health care operations include:

- rating our risk and determining contributions for Your health plan;

- quality assessment and improvement activities;

- reviewing the competence or qualifications of health care professionals, evaluating practitioner and provider performance, conducting training programs, accreditation, certification, licensing or credentialing activities;

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- medical review, legal services, and auditing, including fraud and abuse detection and compliance;

- business planning and development; and

- business management and general administrative activities, including management activities relating to privacy, customer service, resolution of internal grievances, and creating de-identified Protected Health Information or a limited data set.

We may disclose your Protected Health Information to another entity which has a relationship with you and is subject to the federal Privacy Rules, for their health care operations relating to quality assessment and improvement activities, reviewing the competence or qualifications of health care professionals, or detecting or preventing health care fraud and abuse.

On Your Authorization: You may give us written authorization to use your Protected Health Information or to disclose it to anyone for any purpose. If you give us an authorization, you may revoke it in writing at any time. Your revocation will not affect any use or disclosures permitted by your authorization while it was in effect. Unless you give us a written authorization, we cannot use or disclose your Protected Health Information for any reason except those described in this notice.

To Your Family and Friends: We may disclose Your Protected Health Information to a family member, friend, or other person to the extent necessary to help with your health care or with payment for your health care. We may use or disclose your name, location and general condition or death to notify, or assist in the notification, of (including identifying or locating), a person involved in your care.

Before we disclose your Protected Health Information to a person involved in your health care or payment for your health care, we will provide you with an opportunity to object to such uses or disclosures. If you are not present, or in the event of your incapacity or an emergency, we will disclose your Protected Health Information based on our professional judgement of whether the disclosure would be in your best interest.

Underwriting: We may receive your Protected Health Information for underwriting, premium rating or other activities relating to the creation, renewal or replacement of a contract of health insurance or health benefits. We will not use or further disclose this Protected Health Information for any other purpose, except as required by law, unless the contract of health insurance or health benefits is placed with us. In that case, our use and disclosure of your Protected Health Information will only be as described in this notice.

Disaster Relief: We may use or disclose your Protected Health Information to a public or private entity authorized by law or by its charter to assist in disaster relief efforts.

Public Benefit: We may use or disclose your Protected Health Information as authorized by law for the following purposes deemed to be in the public interest or benefit:

- as required by law;

- for public health activities, including disease and vital static reporting, child abuse reporting, FDA oversight, and to employers regarding work-related illness or injury;

- to report adult abuse, neglect, or domestic violence;

- to health oversight agencies;

- in response to court and administrative orders and other lawful processes;

- to law enforcement officials pursuant to subpoenas and other lawful processes, concerning crime victims, suspicious deaths, crimes on our premises, reporting crimes in emergencies, and for purposes of identifying or locating a suspect or other person;

- to coroners, medical examiners, and funeral directors;

- to organ procurement organizations;

- to avert a serious threat to health or safety;

- in connection with certain research activities;

- to the military and to federal officials for lawful intelligence, counterintelligence, and national security activities;

- to correctional institutions regarding inmates and

- as authorized by state worker’s compensation laws.

Health Related Services. We may use Your Protected Health Information to contact you with information about health-related benefits and services or about treatment alternatives that may be of interest to you. We may disclose your Protected Health Information to a business associate to assist us in these activities.

We may use or disclose your Protected Health Information to encourage you to purchase or use a product or service by face-to-face communication or to provide you with promotional gifts.

Individual Rights

Access: You have the right to look at or get copies of Your Protected Health Information, with limited exceptions. You may request that we provide copies in a format other than photocopies. We will use the format you request

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unless we cannot practicably do so. You must make a request in writing to obtain access to your Protected Health Information when you make the request as an exercise of your HIPAA Privacy rights. Many records are available without making the request as an exercise of HIPAA Privacy rights. You may obtain a form to request access by using the contact information listed at the end of this notice. If you request copies, we will charge you a fee for the costs of copying, other supplies, postage if You want the copies mailed to You and staff time associated with Your request. For information maintained off-site in archival warehouses or that is not reasonably identifiable and accessible, we will charge the actual cost of the time and other resources required to make the information available. If you request an alternative format, we will charge a cost-based fee for providing your Protected Health Information in that format. If you prefer, we will prepare a summary or an explanation of your Protected Health Information for a fee. Contact us using the information listed at the end of this notice for a full explanation of our fee structure.

Disclosure Accounting: You have the right to receive a list of instances in which we or our business associates disclosed your Protected Health Information for purposes other than for treatment, payment, health care operations, as authorized by you, and for certain other activities since April 14, 2003 or the date coverage became effective for you, whichever is later. For example, we would account for your Protected Health Information or demographic information we disclose during an audit by a government oversight agency or pursuant to a court order. You must make your request in writing. We will provide you with the date on which we made a disclosure, the name of the person or entity to whom we disclosed your Protected Health Information, a description of the Protected Health Information we disclosed, the reason for the disclosure, and certain other information. If you request this accounting more than once in a 12-month period, we may charge you a reasonable, cost-based fee for responding to these additional requests. Contact us using the information listed at the end of this notice for a full explanation of our fee structure and how to make your request.

Restriction: You have the right to request that we place additional restrictions on our use or disclosure of your Protected Health Information. You must make a request in writing if you wish to request additional restrictions. You may obtain a form to request additional restrictions by using the contact information listed at the end of this notice. We are not required to agree to these additional restrictions, but if we do, we will abide by our agreement (except in an emergency). Both your request and any agreement to additional restrictions must be in writing signed by the person making the request and (for our agreement) by a person authorized to make such an agreement on our behalf. We will not be bound unless our agreement is so stated in writing.

Confidential Communications: You have the right to request that we communicate with you about your Protected Health Information by alternative means or to an alternative location. You must make your request in writing, and you must state that the information could endanger you if it is not communicated in confidence as you request. We must accommodate your request if it is reasonable, specifies the alternative means or location, and continues to permit us to collect premiums and pay claims under your health plan, including issuance of explanations of benefits to the Subscriber of the health plan in which you participate. An explanation of benefits issued to the Subscriber for health care that you received for which you did not request confidential communications or about the Subscriber or others covered by the health plan in which you participate may contain sufficient information to reveal that you obtained health care, even though you requested that we communicate with you about that health care in confidence. Other transactions under the membership may also detract from the level of confidentiality you might obtain from an alternate communication or address.

Amendment: You have the right to request that we amend your Protected Health Information. Your request must be in writing, and it must explain why the information should be amended. If you need information about making a request or amendment, contact us using the contact information listed at the end of this notice. We may deny your request if we did not create the information you want amended and the originator remains available or for certain other reasons. If we deny your request, we will provide you a written explanation. You may respond with a statement of disagreement to be appended to the information you wanted amended. If we accept your request to amend the information, we will make reasonable efforts to inform others, including people you name, of the amendment and to include the changes in any future disclosures of that information.

Electronic Notice: If you receive this notice on our web site or by electronic mail (e-mail), you are entitled to receive this notice in written form. Please contact us using the information listed at the end of this notice to obtain this notice in written form.

Questions and Complaints

If you want more information about our privacy practices or have questions or concerns, please contact us using the information listed below.

If you are concerned that we may have violated your privacy rights, or you disagree with a decision we made about access to your Protected Health Information or in response to a request you made to amend or restrict the use or disclosure of your Protected Health Information or to have us communicate with you by alternative means or at an alternative location, you may complain to us using the contact information listed below. You also may submit a written complaint to the U.S. Department of Health and Human Services. We will provide you with the address to file your complaint with the U.S. Department of Health and Human Services upon request.

We support your right to the privacy of your Protected Health Information. We will not retaliate in any way if you choose to file a complaint with us or with the U.S. Department of Health and Human Services.

Contact Office: Krystal Norris, Benefits Coordinator

Telephone (785) 309- 5710 Fax: (785) 309-5711

Address: City of Salina, Human Resources Dept., 300 West Ash Street, Room 200, Salina, KS 67401

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December 2000

ARTICLE 12

"Workers Compensation" All municipal employees are covered by Workers Compensation Insurance. This includes part-time and temporary employees as well as all regular full-time employees. References to a "compensable" injury shall mean an injury which is compensable under the Kansas Workers Compensation Act in effect at the time of injury. Following every on-the-job injury, incident reports shall be completed by the employee and his/her supervisor and sent immediately to the Human Resources Department. In the event of a minor injury (an injury that does not require professional medical treatment), a Minor Incident Report shall be completed and submitted to HR. If the minor injury later requires medical attention, then the Employee Incident Report and Supervisor’s Investigation of Incident Report shall be completed and submitted to HR at that time. Any scheduled hours missed on the DATE OF INJURY shall be coded as REGULAR HOURS. Any time missed in the first seven (7) calendar days following the date of injury shall be coded as INJURY LEAVE. After seven (7) calendar days that an employee is absent due to a compensable injury under the Kansas Workers Compensation Act, the following options are available:

A. The employee will only receive weekly workers compensation benefits according to the formula of the state of Kansas. This is 66.67% of the employee's gross weekly wage, up to a prescribed maximum as established by state statute. The days the employee is absent while receiving these benefits will not be deducted from the employee's accrued leave. The employee will not receive regular pay during this time;

B. At the election of the employee, the employee may elect SUPPLEMENTAL LEAVE, and

use portions of their sick, vacation or personal leave, as needed, above the workers compensation benefit in order to receive a pay check approximating the current take-home pay. Any leave so taken will be deducted from the employee's accrued leave. Once exhausting all accumulated leave, the employee will receive only the workers compensation benefits according to the formula of the state of Kansas, as described in paragraph A, above.

Any employee who is receiving workers compensation benefits (either option A or B) will be considered to be on paid status and will continue to accrue all benefits as if the employee was working. If the compensable injury results in lost time of three (3) consecutive weeks or more, workers compensation will retroactively pay the employee for the first seven (7) calendar days of the compensable injury (the "retroactive workers compensation benefit"). (This is the time which was originally advanced by the city as injury leave under the employee's election.) To eliminate the resulting duplicate payment to the employee, the city will offset against the injury leave advance an amount equal to the retroactive workers compensation benefit received by the employee by deducting such amount from the employee's future pay. If the injury is determined not to be compensable under the Kansas Workers Compensation Act, the employee shall reimburse the City for pay advanced for all days not worked through deductions from the employee's pay, use of accrued sick and/or vacation leave, or both. Any medical care needed for compensable injuries shall be provided by the doctor designated by the City. However, with prior authorization from the HR Department, an employee may elect to receive alternate care from a physician of their choice (such as a second opinion), up to $500.

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Workers’ Compensation Questions and Answers

Attachment 12-A (February 2016)

Q. What is Workers’ Compensation? A. Workers’ Compensation is a state required insurance plan provided by the City to pay an employee benefits for a job-related injury or death. Q. What type of benefits are paid by Workers’ Compensation? A. Employees who are injured while on the job are entitled to reasonable and necessary medical benefits to treat the job-related injury or illness, income benefits to replace part of the wages lost due to the disability and survivors benefits if death results.

Q. What must I do if I am injured on the job? A. You must immediately notify your supervisor and, if necessary, obtain emergency

medical assistance. Within 24 hours of the injury, you and your supervisor must each complete a report describing the accident.

Q. Will I be charged sick leave if I miss work? A. If you miss time at work as a result of an on-the-job injury, unless you request

otherwise, you will receive an advance equal to your full pay for the remainder of the day of the accident and for your regularly scheduled time during the first week following. Beginning with the second week, workers’ compensation will pay you weekly for 2/3 of your regular pay up to the maximum amount allowed by state law. (This amount is tax-free.) If you have sick leave, vacation or personal leave available, you may elect to use as much as is necessary to keep your net (take-home) pay close to the amount you were receiving prior to the injury.

Q. If I am injured and must remain off work, how much will workers’ compensation

pay? A. After a one-week waiting period, workers’ compensation will pay you 2/3 of your

regular pay up to the maximum amount allowed by state law. You will receive your check on the same schedule as paydays.

Q. What is the maximum amount of workers’ compensation pay allowed by state law?

A. Employees are generally paid 2/3 of their average weekly wage up to a maximum amount set by the state each year. For the current amount, you may contact the Human Resources Department.

Q. Are my medical bills paid by my health insurance? A. No. All authorized medical expenses you have as a result of the injury are paid

by the City of Salina or its representative.

2

Q. What are authorized medical expenses? A. The City of Salina uses the medical services of Occupational Health Partners

(OHP), 1101 E. Republic, (785) 823-6531. Unless a medical emergency exists at the time of the injury, treatment is provided by OHP or by a physician or health care provider to whom OHP might refer you. Any other medical treatment or care is considered to be unauthorized and payment may be your responsibility.

Q. What happens to the benefits I would normally be accruing if I wasn’t off the job? A. If you are receiving workers’ compensation benefits, you are still considered to be on paid status and will continue to accrue all benefits as normal. Q. I’ve heard that I have to reimburse the City for a portion of my workers’ compensation at some point. Is that true? A. If you have any injury which causes you to be off work for more than three (3)

weeks, workers’ compensation pays you retroactively for the first week you were off work. If you elected not to receive an advancement of your full pay for the first week (see question #4), you may keep the check and continue as you had until you return to work. If you elected to receive the advance for the first week, the amount of the extra check received will be deducted from as many paychecks as necessary to reimburse the City for money already advanced to you.

Q. Does the City allow injured employees to return to work on a light duty basis? A. Occasionally, a light or limited duty is available so that employees may return to

work sooner. This duty is available only with the consent of the employee’s supervisor, the department head and the City’s Human Resources Department. Light duty is not a right of the employee or an obligation of the City. Assignment of light duty is strictly a management decision and will be made in the best interests of the employee and the City. Light duty may be assigned in a department other than the employee’s home department. If no light duty is available, the employee must remain off the job until released by a doctor for full duty.

Q. If I have questions about workers’ compensation, who can I call? A. You may contact the Human Resources Department at (785) 309-5710.

www.dol.ks.gov KANSASDEPARTMENTOFLABOR K-WC40-A(4-13)

NOTIFIQUEASUEMPLEADORINMEDIATAMENTE. De acuerdo con el artículo de ley K.S.A. 44-520, un reclamo puede ser negado si el empleado no notifica a su empleador dentro de antes de las siguientes fechas: (A) 20días a partir de la fecha del accidente o la fecha de la lesión debido a trauma por movimientos repetitivos; (B) si el empleado está trabajando con el empleador en contra del cual se están buscando beneficios y dicho empleado busca tratamiento médico por cualquier lesión por accidente o trauma repetitiva, 20días a partir de la fecha que dicho tratamiento médico ha sido obtenido; o (C) si el empleado ya no trabaja para el empleador en contra del cual se están buscando beneficios, 10días después del último día de trabajo para dicho empleador. El aviso puede darse oralmente o por escrito. Donde el aviso se da oralmente, si el empleador ha designado un individuo o departamento a quien el aviso se debe dar y tal designación ha sido comunicada por escrito al empleado, aviso a cualquier otro individuo o departamento deberá ser insuficiente bajo esta sección. Si el empleador no ha designado a un individuo o departamento a quien se debe dar el aviso, el aviso puede darse a un supervisor o gerente. Donde el aviso se hace por escrito, el aviso debe ser enviado a un supervisor o gerente de la oficina principal de empleo del trabajador. El aviso, sea que se haga oralmente o por escrito, debe incluir la hora, fecha, lugar, persona lesionada y detalles de tal lesión. Debe ser visible a partir del contenido del aviso, que el empleado está reclamando beneficios bajo la ley de compensación del trabajador o que ha sufrido una lesión relacionada con el trabajo. BENEFICIOS.Losbeneficiossonpagadosporlacompañíaaseguradoradelempleadoroprogramadeseguropropio. Los beneficios incluyen tratamiento médico, reemplazo de sueldo parcial por tiempo perdido y beneficios adicionales si la lesión resulta en incapacidad permanente. El empleador debe proporcionar todo el tratamiento médico necesario y tiene el derecho de designar el doctor para dicho tratamiento. Si el empleado busca tratamiento con un doctor que no ha sido autorizado por el empleador, el empleador o su compañía aseguradora serán responsables de pagar solamente los primeros $500.00 dólares para tratamiento médico no autorizado.

Employer’s Insurance Carrier (Compañía Aseguradora del Empleador) Telephone (Teléfono de la Aseguradora)

KANSAS DEPARTMENT OF LABORDivision of Workers Compensation/Ombudsman401 SW Topeka Blvd., Suite 2, Topeka, KS 66603-3105

Persons with impaired hearing or speech utilizing a telecommunications device may access the above number(s) by using the Kansas Relay Center at (800) 766-3777.

ThisnoticeappliestodatesofaccidentsonorafterApril25,2013.EsteavisoaplicaalasfechasdelosaccidentesapartirdeAbril25,2013.

NOTIFYYOUREMPLOYERIMMEDIATELY.Per K.S.A. 44-520, a claim may be denied if an employee fails to notify their employer within the earliest of the following dates: (A) 20calendardays from the date of accident or the date of injury by repetitive trauma; (B) if the employee is working for the employer against whom benefits are being sought and such employee seeks medical treatment for any injury by accident or repetitive trauma, 20calendardays from the date such medical treatment is sought; or (C) if the employee no longer works for the employer against whom benefits are being sought, 10calendardays after the employee’s last day of actual work for the employer. Notice may be given orally or in writing. Where notice is provided orally, if the employer has designated an individual or department to whom notice must be given and such designation has been communicated in writing to the employee, notice to any other individual or department shall be insufficient under this section. If the employer has not designated an individual or department to whom notice must be given, notice must be provided to a supervisor or manager. Where notice is provided in writing, notice must be sent to a supervisor or manager at the employee’s principal location of employment. The notice, whether provided orally or in writing, shall include the time, date, place, person injured and particulars of such injury. It must be apparent from the content of the notice that the employee is claiming benefits under the workers compensation act or has suffered a work-related injury. BENEFITS.Benefitsarepaidbytheemployer’sinsurancecarrierorselfinsuranceprogram. Benefits include medical treatment, partial wage replacement for lost time and additional benefits if the injury results in permanent disability. An employer is required to furnish all necessary medical treatment and has the right to designate the treating physician. If the employee seeks treatment from a doctor not authorized by the employer, the employer or its insurance carrier is only liable up to $500.00 dollars for the unauthorized medical treatment.

WHERETOGETHELPWITHYOURCLAIM(DÓNDECONSEGUIRAYUDACONSURECLAMO):

Website: www.dol.ks.gov/workcomp/default.aspxEmail: wc@dol.ks.govPhone: (800) 332-0353 or (785) 296-4000

ForquestionsaboutWorkersCompensationLaw,contact(ParapreguntasacercadelaLeydeCompensacióndelTrabajador):

Address (Dirección de la Aseguradora)

WHATTODOIFANINJURYOCCURSONTHEJOB

QUEHACERSIUNALESIÓNOCURREENELTRABAJO

( )

This notice must be posted and maintained by the employer in one or more conspicuous places.

Your employer is subject to the Kansas Workers Compensation Law which provides compensation for job-related injuries.

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November 1998

ARTICLE 13

"Retirement Programs" Section 1. KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM (KPERS)

Classified full-time and classified part-time employees (other than Police and Fire Personnel) will be eligible for membership in Kansas Public Employees Retirement System. Both the employee and the City contribute to the retirement system. The employee's contribution is handled by payroll deduction. KPERS is a state administered program, and KPERS provides detailed information on the program and an annual statement of each employee's status. More detailed information may be obtained from the Human Resources Department. Section 2. KANSAS POLICE AND FIRE RETIREMENT SYSTEM (KP&F)

Commissioned personnel of the Fire and Police Departments are automatically enrolled in KP&F as of the first day of the first full payroll period following employment. Both the employee and the City contribute monthly to the retirement system. The employee's contribution is by payroll deduction. KP&F is a state-administered program, and KP&F provides detailed information on the program, including an annual statement of each individual employee's status. More detailed information may be obtained from the Human Resources Department. Section 3. SOCIAL SECURITY

Social Security is administered by the federal government and is supported by joint contributions from the employer and the employee as set by federal law. These contributions are based on a percentage of the employee's salary. The employee's contribution is handled by payroll deduction.

All employees of the City of Salina are covered by Social Security, except commissioned personnel of the Police and Fire Departments. As of April 1, 1986, commissioned personnel of the Police and Fire Departments are required to pay Medicare. Section 4. DEFERRED COMPENSATION PLAN

A deferred compensation plan is an agreement between you and your employer providing for a specific amount of your salary to be paid to you at a later date. In other words, payment of part of your salary is deferred, and so is your tax liability. This deferred income is deposited into your retirement account through payroll deduction and invested in your choice of retirement corporation trust funds. For additional information, contact the Human Resources Department.

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January 2006

ARTICLE 14

"Holidays"

The following days are City holidays:

New Year's Day, January 1 Martin Luther King Day, the third Monday in January Presidents' Day, the third Monday in February Memorial Day, the last Monday in May Independence Day, July 4 Labor Day, the first Monday in September Veteran's Day, November 11 Thanksgiving, the fourth Thursday in November The Friday following Thanksgiving Christmas, December 25 A floating “Christmas period” holiday as designated annually by the City Manager A personal leave day to be selected by the employee with approval of the department

head.

A Holiday calendar shall be distributed annually in December for the upcoming year.

All of the above holidays, including personal leave day, are considered eight (8) hours for classified full-time and four (4) hours for classified part-time, excluding firefighters. Firefighters and Battalion Chiefs working a schedule of 24 hours on duty and 48 hours off duty receive 10 hours per holiday with the exception of the personal leave day, which is paid as 24 hours.

Employees with a beginning date of employment after June 30, will not receive a personal leave day for that calendar year. Also, personal leave days must be used during the calendar year earned and in their entirety.

When one of the above scheduled City holidays falls on a Saturday, the preceding Friday shall be observed for the holiday. When one of the above holidays falls on a Sunday, the following Monday shall be observed for the holiday.

Classified full-time and classified part-time employees shall be eligible for holiday benefit pay as follows:

Classified full-time employees (other than firefighters working 24 hours on duty and 48 hours off duty) shall receive 8 hours pay for a holiday at their regular hourly rate. Classified part-time employees shall receive 4 hours of holiday pay at their regular hourly rate. Firefighters and Battalion Chiefs working a schedule of 24 hours on duty and 48 hours off duty shall receive 10 hours for a holiday pay at their regular hourly rate.

Classified full-time employees required to work a shift or tour of duty the major portion of

which occurs on a legal holiday will be paid holiday benefit pay in addition to their regular salary.

On special occasions, the City Manager may proclaim a special holiday. The same personnel rules for City holidays also apply for special holidays.

Employees on suspension during a City or special holiday shall be compensated for such holiday. Employees may not elect to use their personal leave day during a period of suspension.

15-1

October 2013

ARTICLE 15

"Vacation"

Section 1. ACCRUAL. All regular employees (except employees working twenty-four (24) hours on duty and forty-eight (48) hours off duty) earn vacation with pay as follows:

Vacation Vacation Years of Total Service Hrs./Year Hrs./Pay Period Start through 4 years 80 3.0770 5 through 9 years 96 3.6924 10 through 19 years 128 4.9231 20 years and beyond 160 6.1539 Employees working twenty-four (24) hours on duty and forty-eight (48) hours off duty shall earn vacation with pay as follows:

Vacation Vacation

Years of Total Service Hrs./Year Hrs./Pay Period Start through 4 years 112 4.3077 5 through 9 years 134 5.1539 10 through 19 years 179 6.8847 20 years and beyond 224 8.6154 Classified part-time employees earn vacation with pay as follows:

Vacation Vacation Years of Total Service Hrs./Year Hrs./Pay Period Start through 4 years 40 1.5385 5 through 9 years 48 1.8462 10 through 19 years 64 2.4616 20 years and beyond 80 3.0770 Regular part-time employees earn vacation with pay as follows:

Vacation Vacation Years of Total Service Hrs./Year Hrs./Pay Period Start through 4 years 20 0.7693 5 through 9 years 24 0.9231 10 through 19 years 32 1.2308 20 years and beyond 40 1.5385 Vacation time shall be earned on the basis of complete pay periods of service. For those employees who work 40-hour per week schedules, a legal holiday which occurs during an employee's scheduled vacation shall not be counted as a day of vacation. In the event an employee is transferred to or from a 24 hours on and 48 hours off schedule to a 40-hour base week, the employee's accrued vacation time shall be converted by Human Resources accordingly, in order to maintain the same basic ratio of time off the job for vacation.

15-2

Section 2. USE - CARRY-OVER

A. Vacation shall be scheduled so as to meet the operating requirements of the department and, if possible, the preference of employees. All vacation leave shall be subject to the approval of the department head.

B. Vacation leave shall be used in increments of one-tenth (1/10) hour or greater subject to the

approval of the department head. C. Leave carry-over is allowed under the following guidelines.

1. During the first full calendar year of employment, employees must use a minimum of 50% of leave accrued (based on annual accrual rates on January 1) in a calendar year. In the event employees do not use the vacation leave, the unused leave will be forfeited at the beginning of the next year (reflected on the pay stub on the last pay date in January).

2. Remaining accrued balances may be carried over into the next calendar year.

However, an employee’s maximum accrued vacation leave balance shall not exceed either 250 hours (employees working twenty-four (24) hour shifts may not exceed 350 hours) or their “grandfathered” maximum carry over amount.

3. Any employee may appeal to the City Manager's Office for reconsideration of

vacation balances that have been forfeited in accordance with this policy. The City Manager shall either consider the request or assign a designee to consider the request within 10 business days. In order to be considered, appeals shall be in writing and provided to the Human Resources Department by February 15. Consideration shall be given to unusual or uncontrollable circumstances, or the inability of the department to approve an employee's request(s) for the minimum use requirement. If the determination is in favor of the employee, the City Manager shall reserve the right to either grant an extension of time for the accrued leave to be used or buy back the leave at the employee's rate of pay as of December 31 of the respective accrual year.

Vacation Minimum

Years of Total Service Hrs./Year Vacation Use 1 through 4 years 80 40 5 through 9 years 96 48 10 through 19 years 128 64 20 years and beyond 160 80 Employees working twenty-four (24) hour shifts:

Vacation Minimum

Years of Total Service Hrs./Year Vacation Use Start through 4 years 112 56 5 through 9 years 134 67 10 through 19 years 179 89.5 20 years and beyond 224 112

D. For employees whose leave exceeded 250 hours or 350 hours as of April 1, 2009 (reflected on the March 20, 2009 pay stub), the maximum leave was established according to the following guidelines.

15-3

1. The Human Resources Department sent department heads a report of all

departmental employees exceeding the established maximum vacation hours, along with their actual number of hours. Those hours constitute the employee’s “grandfathered” maximum carry over.

2. After the second January pay date, any hours exceeding the individual’s

“grandfathered” maximum carry over will be removed from his or her vacation leave. The remaining balance will become the employee’s new maximum carryover balance. Human Resources will notify employees of any adjusted balances.

3. If an employee uses or selects the buy-back option (see Section 3), resulting in the

leave balance on December 31 to fall below the “grandfathered” maximum carry over balance established in D.1, the lower number becomes the new “grandfathered” maximum carry over for the employee.

Section 3. BUY-BACK A. Employees may request to receive payment for a portion of their unused vacation leave. Leave

that is bought back cannot substitute for an employee’s minimum annual vacation use requirement. Buy-back of leave may occur for leave that would otherwise be carried over in the event an employee had not reached their maximum carry over accrual of 250 hours (350 hours for employees working 24-hour shifts) or their “grandfathered” maximum carry over amount. In order to request payment for unused vacation leave, the employee must maintain a minimum balance of 80 hours (112 hours for employees working 24 hours on duty and 48 hours off duty) and make a written request on the appropriate form and submit the form to the Human Resources Department. Requests must be submitted at least five (5) calendar days prior to the pay date.

Employees may request payment for a minimum of eight (8) hours and a maximum of 100 hours (140 hours for employees working 24 hours on duty and 48 hours off duty) per calendar year of their unused vacation leave as long as the minimum balance is maintained. Between Dec.1-31 of each year, employees may request payment for less than eight hours to avoid losing those hours due to the established cap. Those employees with accrued leave balances exceeding 250 hours (350 hours for employees working 24 hours shifts) may request payment for leave in addition to the prescribed maximum amounts, with payment subject to the discretion of the City. Employees within three (3) years of qualifying for retirement may request payment for any portion (no maximum) of their unused vacation leave as long as the employee maintains the minimum balance.

Unused vacation will be paid at the employee’s current rate of pay (for exempt positions the annual salary will be converted to an hourly rate) and will not include additional amounts for shift differential pay or certification pay.

Payments for unused vacation leave will be processed with the regular payroll cycle but will be issued in a separate check. Employees may request payment no more than four (4) times per calendar year.

The payment for unused vacation leave will be processed through payroll; therefore, all applicable

state and federal taxes, and active garnishments, excluding child-support orders will apply. This payment will be included as taxable wages, and reported on your W-2 form. KPERS/KP&F percentages will apply to payments made to individuals whose membership date is before July 1, 1993.

16-2

earners. The protection provided the employee and dependents during employment by the City constitutes a portion of total compensation.

When unable to work due to being physically incapacitated, an employee shall notify, or

be responsible to see that, the supervisor or department head is notified as soon as possible prior to the time the employee is scheduled to report to work.

In the event of injury or serious illness, the employee may be required to obtain a written release from a doctor and present it to the department head prior to returning to work. Supervisors and department heads shall have the responsibility of investigating any time there is reason to suspect that an employee is taking advantage of the sick leave benefit or falsely claiming to be sick. Such abuse or false claims shall be cause for disciplinary action.

Section 3.

SICK LEAVE ADVANCEMENT

The City of Salina, in order to protect new employees from severe financial hardship as a result of serious illness or injury occurring prior to an employee accruing a reasonable amount of sick leave, has developed a sick leave advancement policy. Specifics of the policy include the following:

Eligibility requirements include but are not limited to the following:

- Employee must have worked less than five (5) years for the city at the time the request is made. - Cannot be eligible for worker’s compensation. - All sick leave, vacation and personal days must be exhausted prior to use of advanced sick leave. - Maximum length of sick leave advancement - (Annually) Two hundred and forty (240) hours for forty (40) hour employees and three hundred and thirty six (336) hours for employees working twenty-fours hours on duty and forty-eight hours off duty. May be extended by the City Manager on a case by case basis. - Employees may be required to provide medical statements and other relevant documentation. - Requests must be in writing and should explain the circumstances for the leave request.

Factors taken into consideration in determining whether to approve such leave include but are not limited to the following:

- Nature and extent of the employee’s illness or injury. - The likelihood of recovery and return to work. - The amount of sick leave the employee has previously used.

Approval of such leave is at the sole discretion of the City Manager.

All advanced leave will be reimbursed hour for hour upon return to work as sick leave hours are accrued. Once an employee returns to work, and they request to use sick leave, they will not be allowed to use sick leave until the City is repaid for the total hours advanced to the employee. If the employee has vacation or personal leave available they must use that time to cover the time and if they have none available, they will be considered to be on unpaid leave. In the event an employee leaves the City’s employ prior to reimbursement of advanced sick leave hours, the employee’s remaining vacation and/or personal leave hours shall be forfeited to the City to cover the remaining deficit of sick leave hours owed.

17-1

October 2013

ARTICLE 17

"Other Leave" Section 1. EMERGENCY LEAVE

For emergency situations not covered under Article 16, “Sick Leave” the employee shall have the option of utilizing accumulated vacation time or their personal day, subject to prior approval of the department head. If the employee does not have sufficient vacation or personal leave accumulated to cover the absence, such emergency leave may be granted without pay. Section 2. MATERNITY LEAVE

Disabilities caused or contributed to by pregnancy, miscarriage, abortion, childbirth and recovery therefrom, are for all job-related purposes, temporary disabilities and shall be treated the same as any other absence related to illness so far as the use of sick leave or the granting of a leave of absence is concerned. Section 3. CIVIL (COURT/JURY) LEAVE

It is the civic obligation of an employee to serve when called for jury duty. Classified and regular part-time employees shall receive full pay for scheduled work time missed when either reporting for or serving jury duty.

A current employee (unless the employee has been suspended without pay) who is required to appear in either a criminal or civil court case in the employee’s capacity as an employee of the City shall be regarded as on duty at regular pay while making the appearance.

An employee may receive pay for time off from work when subpoenaed by the court to appear as a party or a witness in a civil court case in which the employee is not a party. Also, an employee may receive pay for time off from work when subpoenaed by the court to appear as a party or a witness in a criminal case. To be eligible for such leave the employee must request, including providing a copy of the subpoena, and receive prior approval from the Human Resources Department. In the event employee receives additional fees and/or expenses as it relates to the court appearance, the employee should use the fees to offset any expenses incurred by the City.

For other court appearances the employee may take vacation leave, to the extent the

employee has unused vacation time. Section 4. MILITARY LEAVE

Regular employees shall be granted leave, without pay, for military service or training when ordered by any branch or reserve unit of the U.S. military forces. Such leave, return to municipal service and retention of benefits shall be in accordance with federal and/or state law. The same shall apply to employees who are members of the Kansas National Guard. Such leave for service or training when ordered by the Kansas National Guard, return to municipal service and retention of benefits shall be in accordance with federal and state laws. The employee may, at the employee's option, use accrued vacation for military leave purposes. Section 5. DOMESTIC VIOLENCE LEAVE Pursuant to Kansas law, an employee that is the victim of domestic violence is allowed time off work to:

(a) obtain or attempt to obtain relief via a court order to help ensure the health, safety or welfare of the victim or the victim’s child;

(b) seek medical care for injuries caused by domestic violence or sexual assault;

17-2

(c) obtain services from a domestic shelter, assistance program or rape crisis center as the result of domestic violence or sexual assault; or

(d) make court appearances in the aftermath of domestic violence or sexual assault.

As a condition of taking time off for the purpose of addressing any of the above issues the employee shall give the Human Resources Director reasonable advance notice of his/her intention to take time off, unless it is not feasible to do so. Within 48 hours of returning from the time off the employee shall provide the Human Resources Director documentation supporting the need to take time off for the specified purposes. This documentation can include, but is not limited to:

(a) police report indicating the employee was victim of domestic violence or sexual assault;

(b) court order of protection for the employee or other documentation from the court or prosecuting attorney that the employee appeared in court;

(c) documentation from a medical professional, domestic violence advocate or advocate for victims of sexual assault, or counselor that the employee was undergoing treatment for physical or mental injuries resulting from being the victim of domestic violence or sexual assault.

To the fullest extent possible, and as allowed by law, all requests for leave and documentation provided under this provision will be kept confidential. An employee requesting leave under this act may use any accrued paid leave available. If no paid leave is available unpaid leave may be granted for up to eight (8) days per calendar year. Enrolled participants in the Kansas Safe at Home program may contact the Human Resources Director regarding other provisions of the program that may apply to his/her employment. Section 6. LEAVE OF ABSENCE

An employee who has been granted a leave of absence without pay shall not receive compensation or be granted advancement or promotion in relation to the position from which the employee is on leave. The employee shall be entitled to and shall retain all benefits accrued up to the effective date of such leave. Provided, said employee shall not accrue vacation, sick leave or other benefits during the leave of absence. Generally, the City will continue its contribution toward group life, dental and health insurance during the leave of absence; However, particularly in cases of extended leaves of absence, continuation of benefits will be decided on a case by case basis.

Upon expiration of the leave of absence and return to work, the employee shall return at

the same status.

Granting of a request for a leave of absence is at the discretion of the employee's department head and the City Manager except where governed by the laws of the State of Kansas or the United States of America or specified otherwise within this manual or the Salina Code. All requests for leave of absence shall be submitted in writing, stating the reason for and duration of the requested absence. A leave of absence without pay will not be granted until all vacation leave and an employee’s personal day has been exhausted. Section 7. FAMILY LEAVE POLICY Covered Employer: The City is a covered employer under the Family and Medical Leave Act of 1993 (FMLA). This policy summarizes the basic entitlements under the FMLA and those matters which are subject to the City's discretion. The FMLA entitlements shall be administered by the City in accordance with this policy and applicable federal law. Any employee who believes he or she will be entitled to FMLA leave should promptly make application with the Human Resources Department to allow for the development of a FMLA leave plan. For more information about eligibility, rights, notification, maximum leave and other information pertaining to Family Medical Leave, see the Article 17 attachments or contact the Human Resources Department.

EMPLOYEE RIGHTS AND RESPONSIBILITIES

UNDER THE FAMILY AND MEDICAL LEAVE ACT

Basic Leave Entitlement FMLA requires covered employers to provide up to 12 weeks of unpaid,

job-protected leave to eligible employees for the following reasons:

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Military Family Leave Entitlements Eligible employees whose spouse, son, daughter or parent is on covered

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coverage under any “group health plan” on the same terms as if the

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least 12 months, have 1,250 hours of service in the previous 12 months*,

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or mental condition that involves either an overnight stay in a medical

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be met by a period of incapacity of more than 3 consecutive calendar days

combined with at least two visits to a health care provider or one visit and

a regimen of continuing treatment, or incapacity due to pregnancy, or

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Leave can be taken intermittently or on a reduced leave schedule when

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possible, the employee must provide notice as soon as practicable and

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if the leave may qualify for FMLA protection and the anticipated timing

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employee is unable to perform job functions, the family member is unable

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treatment by a health care provider, or circumstances supporting the need

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made unlawful by FMLA or for involvement in any proceeding under

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FMLA does not affect any Federal or State law prohibiting discrimination,

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U.S. Department of Labor1-866-487-2365

U.S. Department of Justice

YOUR RIGHTS UNDER USERRA THE UNIFORMED SERVICES EMPLOYMENT

AND REEMPLOYMENT RIGHTS ACT

��

Publication Date—July 2008

REEMPLOYMENT RIGHTS

You have the right to be reemployed in your civilian job if you leave thatjob to perform service in the uniformed service and:

� you ensure that your employer receives advance written or verbalnotice of your service;

� you have five years or less of cumulative service in the uniformedservices while with that particular employer;

� you return to work or apply for reemployment in a timely mannerafter conclusion of service; and

� you have not been separated from service with a disqualifyingdischarge or under other than honorable conditions.

If you are eligible to be reemployed, you must be restored to the job andbenefits you would have attained if you had not been absent due tomilitary service or, in some cases, a comparable job.

RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATION

If you:

� are a past or present member of the uniformed service; � have applied for membership in the uniformed service; or� are obligated to serve in the uniformed service;

then an employer may not deny you:

� initial employment;� reemployment;� retention in employment; � promotion; or � any benefit of employment

because of this status.

In addition, an employer may not retaliate against anyone assisting inthe enforcement of USERRA rights, including testifying or making astatement in connection with a proceeding under USERRA, even if thatperson has no service connection.

HEALTH INSURANCE PROTECTION

� If you leave your job to perform military service, you have the rightto elect to continue your existing employer-based health plancoverage for you and your dependents for up to 24 months while inthe military.

� Even if you don't elect to continue coverage during your militaryservice, you have the right to be reinstated in your employer'shealth plan when you are reemployed, generally without any waitingperiods or exclusions (e.g., pre-existing condition exclusions) exceptfor service-connected illnesses or injuries.

ENFORCEMENT

� The U.S. Department of Labor, Veterans Employment and TrainingService (VETS) is authorized to investigate and resolve complaintsof USERRA violations.

� For assistance in filing a complaint, or for any other information onUSERRA, contact VETS at 1-866-4-USA-DOL or visit its website athttp://www.dol.gov/vets. An interactive online USERRA Advisor canbe viewed at http://www.dol.gov/elaws/userra.htm.

� If you file a complaint with VETS and VETS is unable to resolve it,you may request that your case be referred to the Department of Justice or the Office of Special Counsel, as applicable, forrepresentation.

� You may also bypass the VETS process and bring a civil actionagainst an employer for violations of USERRA.

��

1-800-336-4590

The rights listed here may vary depending on the circumstances. The text of this notice was prepared by VETS, and may be viewed on the internet at this address: http://www.dol.gov/vets/programs/userra/poster.htm. Federal law requires employers to notify employees of their rights under USERRA,and employers may meet this requirement by displaying the text of this notice where they customarily place notices for employees.

Office of Special Counsel

USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. USERRA also prohibits employers

from discriminating against past and present members of the uniformed services, and applicants to the uniformed services.

1

Driver’s Policy Questions and Answers Attachment 18-A (November 1998)

Q. Why do we need this policy? A. This policy was developed in order to protect the city and its citizens from liability

in the event that a city employee has an accident and someone is injured or property is damaged, and to help ensure accountability and responsibility for safe driving when public funds are involved.

Q. Why does my driving record away from work concern the city? A. Primarily because your job requires you to drive. In evaluating you as a driver,

an overall driving record gives a better indication of the type of driver one is. If someone is prone to speeding or careless driving off the job and in a private vehicle, it may be an indication of the respect for the law that person will have while driving a city vehicle. When a serious accident occurs involving a public employee there is often significant publicity and a public review of whether the employer properly screened its drivers.

Q. Who is covered by this policy? A. Any employee who regularly drives a city-owned vehicle or is compensated by

automobile allowance are covered by this policy. In addition, the City Manager may designate other employees that may be covered by this policy based on a review of their position and responsibilities.

Q. How do I know if I am covered by this policy? A. Your position description will indicate if you are covered by the policy. If you are

not sure, ask your supervisor. Q. What happens if someone is placed on the “watch list”? A. When it is determined that an employee should be placed on the “watch list”, the

employee will meet at least annually with their Department Head and City Management in a counseling session to discuss safety issues and their driving record, and to be provided safe driving information. The employee will also be made aware of the availability of self-help courses such as defensive driving. The employee will also be notified of the possibility of no longer being eligible or qualified to perform the job for which he/she has been hired if further violations occur making that employee ineligible to drive.

Q. Why are there three types of violations? A. This is because there are three different standards to which drivers will be held.

Also, “Violation” means either a diversion or conviction for the traffic violation described.

Type A violations are those which are defined by the state of Kansas as “serious traffic offenses”. These are such that, receiving even one, will probably result in the loss of your driver’s license. Receiving one will result in immediate loss of driving privileges with the City of Salina.

2

Type B violations are substance abuse violations and are also considered “serious traffic offenses” by the state. However, unless it results in loss of license, first conviction of one of these will result in immediate placement on the “watch list”. Receiving two (2) of these within five (5) years will result in the loss of driving privileges. Type C violations include all other moving violations and the tolerance level is somewhat higher. Receipt of four (4) of these within three (3) years, will result in the loss of driving privileges. This violation category includes, but is not limited to, racing on highways, inattentive driving, careless driving, speeding, stop sign violations, failure to yield and running a red light.

These violation types do not stand alone, however, as combinations of different violations trigger different acceptable limits. For example, a combination of speeding tickets and a D.U.I. violation would lead to a personnel action under this policy. If you are unsure of the status of your driving record, at your request, the city will perform a motor vehicle record check.

Q. How will my driving record be reviewed? A. Annually, each employee who drives on behalf of the city will need to show their

driver’s license to their department head. After a copy is made, their motor vehicle record will be examined. The driving record will be compared to the standards set out in the policy. If an employee is on the watch list, this review will occur more frequently, as necessary. Random examinations may occur on any city driver at any time.

Q. What are my responsibilities in this process? A. You must comply at all times with Kansas Department of Transportation

regulations for the types of licenses required to operate certain vehicles and maintain those licenses. Also, if you receive a reportable violation, license suspension, revocation or expiration, you must report it to your supervisor within 24 hours.

Q. Why must I report violations to my supervisor? A. If you are required to drive a city-owned vehicle as a part of your job, failure to

maintain the proper license(s) renders you unqualified to perform your job. If we are aware of a problem in this regard, we may sometimes be able to reassign you to a non-driving position. If we don’t know that you do not have a license, you have placed yourself, your supervisor, and all citizens of this community at risk. This then becomes more than just a question of licenses and violations. It becomes a serious violation of a work rule and could subject you to disciplinary action. In addition, if we are aware that you are close to losing your license or your driving privileges, we can often provide assistance to you in preventing another violation and possible loss of your job.

January 2006 ARTICLE 19

"Drug and Alcohol-Free Workplace"

Section 1. DRUG AND ALCOHOL-FREE WORKPLACE POLICY A. PURPOSE OF THE POLICY.

The City of Salina, Kansas (the "City”) is committed to a drug and alcohol-free workplace. The following are some of the reasons for this Drug and Alcohol-Free Workplace Policy (the "Policy"):

1. To ban drug and alcohol use by City employees when it could affect their job

performance;

2. To urge City employees to seek help for drug or alcohol problems;

3. To promote a safe, secure and healthy work place for City employees;

4. To help prevent City work accidents, injuries, property loss and damage;

5. To improve City employee skills, on-the-job performance, and to maximize productivity;

6. To reduce City employee absenteeism and tardiness;

7. To reduce the cost of health care, worker's compensation and liability insurance

for the City and its employees; and

8. To comply with federal mandates regarding drug and alcohol testing of persons in transportation safety sensitive positions.

B. SCOPE OF THE POLICY.

1. Policy Standards. In this Policy, the City has put into writing and has further

defined its employee standards concerning drugs and alcohol. The terms of this Policy control all matters concerning the City as a Drug and Alcohol-Free Workplace even though there may be other provisions in other City resolutions, documents or manuals.

2. Employee Education and Assistance. The City will, from time to time, hand out

and display information about the problems of drug and alcohol abuse. The City’s Employee Assistance Program is described in Section 9 of this Policy.

3. Drug and Alcohol Testing. This Policy applies to those City job candidates as

defined in this Policy and all City employees.

4. Supplemental Rules for Transportation Safety Sensitive Positions. In compliance with federal law, this Policy includes supplemental provisions for TRANSPORTATION SAFETY SENSITIVE POSITIONS in Section 5. For purposes of this Policy, transportation safety sensitive positions include “Drivers” as defined below.

19-1

C. DEFINITIONS.

1. Alcohol. "Alcohol" as used in this Policy means all alcoholic liquor and cereal malt beverages, including BEER, WINE AND LIQUOR.

2. Commercial Vehicle. “Commercial Vehicle” as used in this policy means a

vehicle:

a. with a gross vehicle weight rating of 26,001 pounds of more or combination vehicles (weighing at least 26,001 pounds) or

b. designated to transport 16 or more passengers, including the driver.

3. Drivers. “Drivers” as used in this policy means those employees of the City

required to hold a commercial drivers license and drive a Commercial Vehicle.

4. Drugs. "Drugs" as used in this Policy mean illegal drugs and legal drugs that can be abused for which the City will test job candidates and employees. The Drugs that the City will test for are these:

AMPHETAMINES COCAINE, CRACK PHENCYCLIDINES (PCP) CANNABINOIDS (MARIJUANA, HASH) OPIATES (HEROIN)

D. RESPONSIBILITY FOR THE POLICY. The City Manager or the City Manager's

designated representative is responsible for managing this Policy. All references in this Policy to the City Manager include the City Manager's designated representative. All final decisions based on a violation of this Policy will be made by the City Manager.

E. UNDERSTANDING OF THE POLICY. Each City job candidate will be given a

chance to read this Policy upon request. Each City employee will be given a copy of this Policy and will be asked to sign a statement that he or she has read and understands the Policy. Each employee's signed Statement of Understanding will be kept in his or her personnel file.

F. PERSONS SUBJECT TO DRUG TESTING.

1. Job Candidates. Each person to whom the City has made a conditional offer of

employment for any classified full time, classified part time or regular part-time position is subject to drug testing. City employees who are conditionally offered a position with the Salina Fire Department or Salina Police Department are also considered job candidates for purposes of this Policy.

2. Employees. All City employees at all levels and positions, classified full time,

classified part time, regular part time, intermittent and temporary/seasonal, are subject to drug and alcohol testing.

G. STANDARDS OF CONDUCT REQUIRED BY THE POLICY. Each City employee

has a duty to do his or her work in a safe and careful manner free from the effects of drugs and alcohol.

1. Drugs or Alcohol on-the-job. A City employee's actual or attempted use,

purchase, possession, distribution or sale of drugs or alcohol at any of the following times will be grounds for immediate discipline up to and including termination:

-When the employee is on duty or engaged in City business;

19-2

-When the employee is using City vehicles, equipment, tools or any other City property.

All drugs will be turned over to law enforcement officials.

2. Drugs or Alcohol off the job. Off-the job use of drugs or alcohol will be grounds

for immediate discipline up to and including termination whenever the employee's job performance may be impaired.

"IMPAIRED" JOB PERFORMANCE means that the employee is not doing his or her work up to the City's standards, that the safety of the employee, other City workers or the public could be endangered by the employee, or that property of the City or others could be damaged or lost by the employee.

3. Prescription Drugs. Each City employee has a duty to report to his or her

department head or to the City Manager the use of any prescribed drug which might impair job performance. The employee may be required to provide written medical authorization for use of the prescribed drug.

4. Duty to report Drugs and Alcohol. It is the duty of each employee who knows of

any of the following situations to immediately report the situation to a supervisor or to the City Manager:

-when another employee who is on duty or engaged in City business is in a condition that may endanger the safety of the employee or others;

-when another employee is or is trying to use, possess, purchase, distribute or sell drugs or alcohol while on duty or engaged in City business, or while using City vehicles, equipment, tools or other property; and

-when another employee who is on duty or engaged in City business is in a condition that impairs his or her job performance.

5. Duty Regarding Testing. It is the duty of each employee to cooperate in the

testing procedures required by this Article. An employee who:

a. refuses to be tested;

b. fails to report for testing;

c. fails to cooperate in the collection or testing procedures;

d. intentionally tampers with a specimen;

e. violates chain-of-custody or identification procedures; or

f. falsifies test results;

is subject to discipline up to and including termination.

6. Positive Test for Drugs or Alcohol. An employee who tests positive for drugs or alcohol under any test required by this Article will be considered in violation of this Policy. Being under the influence or impaired by drugs or alcohol is no excuse for breaking any City policy or rule. AN EMPLOYEE WHO VIOLATES THIS POLICY IS SUBJECT TO DISCIPLINE UP TO AND INCLUDING TERMINATION within the City's disciplinary policies and procedures.

H. NO IMPLIED CONTRACT IN THE POLICY. Nothing in this Policy or any of these

procedures make any contract of employment and do not in any way change any City employee's status.

19-3

Section 2. GENERAL PROCEDURES FOR DRUG AND/OR ALCOHOL TESTING

A. GENERAL. The procedures under this Article to be used to test for the presence of alcohol or drugs are designed to protect the employee and the integrity of the testing processes, safeguard the validity of the test results, and ensure those results are attributed to the correct employee.

1. Inform Job Candidate or Employee. A job candidate or employee required to

submit to a drug and/or alcohol test will be advised of the following:

a. methods of drug and/or alcohol testing which will be used;

b. substances which may be identified;

c. consequences of a refusal to submit to a drug and/or alcohol test or of a confirmed positive result, and;

d. reasonable efforts to maintain the confidentiality of results and any medical

information which may be provided.

2. Consent Forms. A job candidate or employee will be required to sign the necessary drug and/or alcohol screening consent forms established by the City or authorized by the collection site agency. Refusal to sign required drug and/or alcohol screening consent forms will be considered refusal to submit to a drug and/or alcohol screening test as a condition of employment and will be considered the equivalent of receiving a confirmed “Positive” result for employment.

3. Collection Location. A job candidate or employee shall be informed of the drug

and/or alcohol screening specimen collection location and time. The job candidate or employee shall be responsible for reporting to the collection site at the scheduled time, with a photo ID, and comply with the directions of the specimen collector.

4. Availability of Test Results. Test results will be disclosed to the tested

employee upon request.

B. DRUG TESTING.

1. Licensed Laboratory. For purposes of drug testing under this Policy, the City will use the services of a licensed and accredited laboratory certified by the U.S. Department of Health and Human Services (DHHS) and Substance Abuse and Mental Health Services Administration (SAMHSA) to analyze and test urine, breath, blood and other medically recognized drug testing specimens, and to conduct medically recognized tests for drugs. Upon proper authorization, the laboratory will analyze and test job candidates and employee specimens for drugs. It will then report the test results to the City Manager.

2. Collection Personnel. Urine and other specimens for drug testing will be

collected by personnel of the laboratory or by other qualified collection personnel. The job candidate or employee being tested must provide the requested specimen.

3. Split Sample. All urine specimens collected will be split-samples. 4. Methods of Testing. The primary method used to test for the presence of drugs

is urinalysis. An initial urine drug screen is performed. If drugs are detected, a confirmation test is performed using the same urine sample. Blood and other medically recognized drug testing specimens may also be requested from the

19-4

5. Initial Drug Screen. Drug screening will be conducted for the following

chemicals: Marijuana, cocaine, opiates, phencyclidine (PCP) and amphetamines. A drug immunoassay screen will have the following thresholds for positive verification:

Marijuana Metabolite 50NG/ML Cocaine Metabolite 300NG/ML Opiates 2000 NG/ML Phencyclidine 25NG/ML Amphetamines/Methamphetamine 1000NG/ML

6. Confirmation. When the initial screen is positive (has exceeded the established

screening threshold) a second confirmation test gas chromatography/mass spectrometry (GC/MS) will be completed. The thresholds for positive confirmation for GC/MS are as follows:

Marijuana Metabolite 15NG/ML Cocaine Metabolite 150NG/ML Opiates *2000NG/ML Phencyclidine 25NG/ML Amphetamine/Methamphetamine 500NG/ML * If the confirmation exceeds 2000, a 6-AM test will be conducted for detection of free morphine. The cut off value is 10 ng/ml on the 6-AM test.

7. Positive or Negative Drug Test Result. A positive test result means that drugs

were detected in amounts equal to or more than the threshold or "cut-off" level of the test. A negative test result means that no drugs were detected or the amount of drugs detected was less than the threshold level of the test.

8. Medical Review Officer (MRO). The Medical Review Officer is an agent of the

Fleet Screen. The qualifications and functions of the MRO are contained in Fleet Screen’s protocol on MRO Responsibilities and Qualifications, which is available upon request from the Consortium. All drug test results, whether positive of negative, will be reviewed by the MRO in accordance with federal regulations. In the event of the presumptive positive, the MRO will contact the person who’s specimen it was to determine what medications and/or reason the test was returned positive. The MRO, based on his review of the information will make the final determination of confirmed positive or negative. It is only after the MRO review that City will be notified of the outcome of the test.

C. ALCOHOL TESTING.

1. Methods of Testing. The primary method used to test for alcohol is by an

approved breathalyzer machine. The breathalyzer uses detectors to determine the percent of alcohol in the blood. The person being tested must exhale into the breathalyzer's detector chamber. Blood or other medically recognized alcohol testing specimens may also be requested from the employee and used for alcohol testing.

2. Breathalyzer. Breathalyzer testing for alcohol will be performed through the use

of an approved breathalyzer or similar machine. The test results will be reported to the City Manager.

3. Technician. Alcohol testing will be conducted by a certified Breath Alcohol

Technician (BAT).

4. Contracting Laboratory. For alcohol testing under this Policy, other than breathalyzer testing, the City will use the services of a licensed laboratory to

19-5

collect, analyze and test blood and other medically recognized alcohol testing specimens for alcohol and to report the test results to the City Manager.

5. Positive or Negative Alcohol Test Result. A positive test result means that

alcohol was detected in amounts equal to or more than the threshold or "cut-off" level of the test. A negative test result means that no alcohol was detected or the amount of alcohol detected was less than the threshold level of the test.

Section 3. JOB CANDIDATE TESTING

A. JOB CANDIDATE TESTING - NON-CITY EMPLOYEES.

1. Job Candidate - Drug Testing Required of Job Candidates for Classified and Regular Positions. Job candidates who have been interviewed and who are conditionally offered any classified full time, classified part time or regular part time position by the City must test negative on a drug test to qualify for employment.

A job candidate will not be denied employment solely because of a prior positive drug test result or because of admission of prior drug use. To be considered for employment, such a job candidate must provide evidence acceptable to the City Manager that the job candidate has been successfully rehabilitated for twelve (12) months prior to application or reapplication, or for such lesser period of time as directed by applicable law.

2. Job Candidate - Consent/Release. Each job candidate must sign a

Consent/Release form before a urine or other testing specimen is given.

3. Job Candidate - Failure to Report for Testing; Failure to Cooperate; Tampering With Specimen. For job candidate drug testing:

-a job candidate who refuses to be tested, who fails to report for testing, or who fails to cooperate in the collection or testing procedures will not be qualified for employment with the City for one (1) year from the date of the scheduled test;

-a job candidate who purposefully tampers with a sample, breaks chain-of-custody or identification procedures, or falsifies test results will not be qualified for employment with the City at any time.

4. Job Candidate - Positive Drug Test Result. A job candidate who tests positive

for drugs will not be qualified for employment with the City for one (1) year from the date of the positive test result, or for such lesser period of time as directed by applicable law.

5. Job Candidate - Negative Drug Test Result. A job candidate who tests

negative for drugs or alcohol will not be guaranteed employment with the City. A negative test result will simply make the job candidate qualified for consideration of employment with the City subject to other requirements of the position.

B. JOB CANDIDATE TESTING - CITY EMPLOYEES OFFERED EMPLOYMENT WITH

THE SALINA POLICE DEPARTMENT OR THE SALINA FIRE DEPARTMENT.

1. Drug Testing Required of All City Employees who are Candidates for Positions with the Police Department or Fire Department. In addition to job candidate testing of individuals who are not employed by the City at the time a conditional offer of employment is made by the Salina Police Department or the Salina Fire Department, all City employees who are not employed by the Salina Fire Department or the Salina Police Department and who are conditionally offered any position with the Salina Police Department or Salina Fire Department must test negative on a drug test to be qualified for the position.

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2. Consent/Release. All City employees will be required on a yearly basis to sign a Consent/Release form for collection of urine, breath, blood and other specimens for the purpose of testing for drugs and alcohol. This Consent/Release includes testing required in connection with a conditional offer of employment by the Police Department and the Fire Department.

3. City Employee - City Candidate - Positive Test Result. An employee who tests

positive for drugs under testing in connection with a conditional offer of employment by the Police Department or the Fire Department will be subject to the provisions of Section 5, "POSITIVE TEST RESULTS".

4. City Employee - Job Candidate - Negative Test Result. An employee who tests

negative on a test for drugs in connection with a conditional offer of employment by the Police Department or the Fire Department will not be guaranteed employment with the Police Department, the Fire Department or continued employment with the City. A negative test result will simply make the employee qualified for consideration of employment or continued employee qualified for consideration of employment or continued employment subject to other requirements of the position.

Section 4. REASONABLE SUSPICION TESTING

A. DRUG AND ALCOHOL TESTING REQUIRED UPON REASONABLE SUSPICION.

The City will require drug and/or alcohol testing for all employees under reasonable suspicion of being under the influence of or having impaired job performance due to suspected use of drugs or alcohol. A trained supervisor and the City Manager will decide when reasonable suspicion testing is warranted.

Each employee subject to reasonable suspicion testing will be suspended immediately following a request for testing, initially on a suspension-with-pay basis. The employee will not be returned to duty pending the City's receipt of a negative test result for drugs and/or alcohol and pending any further requirements deemed necessary by the City.

B. CONSENT/RELEASE.

All City employees will be required on a yearly basis to sign a Consent/Release form for collection of urine, breath, blood and other specimens for the purpose of testing for drugs and alcohol. This Consent/Release includes Reasonable Suspicion testing.

C. REASONABLE SUSPICION.

Reasonable suspicion is a belief that an employee may be under the influence of or impaired by on-the-job or off-the-job use of drugs or alcohol. That determination will be based upon specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the employee.

The following are some, but not all, of the factors that may be used to support reasonable suspicion testing:

1. Quality and Quantity of Work. When the employee refuses to do assigned

tasks; makes more mistakes in spite of help; disrupts work flow; needs more than usual supervision; or has noticeable changes in written or verbal communications.

2. Work Relationships. When the employee shows changes in his or her relations

with co-workers and supervisors; has frequent or heated arguments; exhibits verbal or physical abuse; or shows changes in frequency and number of complaints.

3. General Job Performance. When the employee has increased absences, sick leaves and tardiness; has unexplained disappearances from the work area; takes longer breaks, lunch periods or leaves early; or interferes with or ignores job responsibilities or procedures.

4. Personal Matters. When the employee shows changes in personal

appearance, speech, physical mannerisms or level of activity; becomes increasingly irritable or tearful; has unusual fears or emotions; lacks appropriate caution; has memory problems; is excessively fatigued; makes unreliable or false statements; has temper tantrums; or shows major changes in physical health.

5. Reliable Information. When there is information that the employee is under the

influence of or has impaired job performance due to drugs or alcohol.

6. Evidence of drug or alcohol use. When there is evidence of actual or attempted drug or alcohol use, purchase, sale, distribution or possession by the employee (including drug paraphernalia). An arrest for a drug offense shall be considered as evidence.

7. Chronic and Withdrawal Effects. When there are observable indications of the

chronic and withdrawal effects of drugs.

D. SUPERVISORY TRAINING The City will provide supervisory training as part of this Policy. City supervisory

employees who will be making the recommendations for reasonable suspicion testing will be trained in detecting the possibility of drug and alcohol usage and impairment of an employee's job performance.

E. AGREEMENT BY CITY MANAGER When a City employee in a supervisory position has documented a reasonable

suspicion that an employee (1) may be under the influence of drugs or alcohol and/or (2) may be impaired in his or her job performance as a likely result of alcohol or drug usage (on-the-job or off-the-job), the supervisor will present the facts for reasonable suspicion to the City Manager. If the City Manager agrees that there is such reasonable suspicion, the employee will be required to submit to reasonable suspicion drug and/or alcohol testing.

F. CHANCE TO EXPLAIN

Each City employee who is required to submit to reasonable suspicion drug or alcohol testing will be given a chance to explain reasons for the reasonable suspicion factors other than drug or alcohol use. If either the supervisor or the City Manager continues to believe that reasonable suspicion exists, the employee will be required to submit to testing as a condition of continued employment with the City.

G. TIME LIMITS AND ESCORT TO COLLECTION SITE

The City will try to arrange for collection of urine, breath and other specimens for testing of all employees as soon as possible following the request for testing. All employees who are required to submit to reasonable suspicion testing will be escorted to the collection site.

Section 5. SUPPLEMENTAL RULES FOR TRANSPORTATION SAFETY SENSITIVE

POSITIONS

A. Purpose of Supplemental Rules. These supplemental rules regarding transportation safety sensitive positions (referred to as “Drivers” as defined in Section 1.C.3.) are

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required by the Federal Drug Free Workplace Act of 1988 and Federal Highway Administration (FHA) regulations (49 CFR, Part 382).

B. Questions. Drivers with questions regarding these supplemental rules regarding

safety sensitive positions should contact the Deputy City Manager.

C. When Applicable. These supplemental rules apply anytime a Driver is on duty.

D. Prohibited Conduct. In addition to any other standard of conduct established by this Article, Drivers shall not:

1. Use alcohol within four hours before reporting for duty.

2. Use alcohol within eight hours after an accident requiring a post-accident

alcohol test, or until the post-accident alcohol test is completed.

3. Report for or remain on duty when using any controlled substance, unless the use is pursuant to the instructions of a physician who has advised that the substance does not adversely affect the driver’s ability to safely operate a commercial motor vehicle.

4. Report for or remain on duty if tested positive for drugs.

Any driver who engages in such prohibited conduct shall be subject to discipline up to and including termination.

E. Required Testing. In addition to the generally applicable provisions of this Article,

Drivers will be subject to pre-employment testing, post-accident testing, random testing, reasonable suspicion testing, return-to-duty testing, and follow-up testing, as follows:

1. Pre-employment Testing. In addition to the pre-employment testing required

under Section 3, the City is required by federal law to obtain, pursuant to a job candidate’s consent, information on the driver’s positive drug test results, and refusals to be tested, within the preceding two years, which are maintained by the job candidate’s previous employer(s). That information must be obtained and reviewed by the City no later than 14 calendar days after the driver’s employment with the City. The City may not permit a driver to continue to work after 14 days without obtaining the information. In addition, pre-employment testing as required under Section 3 shall also be required of any City employee promoted or transferred into a transportation safety sensitive position. This shall not include any City employee currently employed in a safety sensitive position with the City prior to the promotion or transfer.

2. Post-Accident Testing.

a. A driver will be subject to drug and alcohol testing following an accident

involving the driver if (1) the accident involved the loss of human life; (2) any injury to the driver or other party; or (3) the driver is cited under State or local law for a moving traffic violation arising from the accident.

b. A driver subject to post-accident testing must remain readily available for

such testing and, if able, must immediately notify the City Manager of the accident. Nothing in this section, however, should be interpreted to require the delay of necessary medical attention for injured people following an accident or to prohibit a driver from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident or to obtain necessary emergency care.

3. Random Testing. Drivers are subject to random drug and alcohol testing, as follows:

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a. Under the drug testing requirements, at least 50% of the average number of drivers will be tested on a random basis annually.

b. Under the alcohol testing requirements, at least 25% of the number of

drivers will be tested on a random basis annually.

c. Random selection will be made through a computerized program provided by the City’s contractor.

d. The random drug and alcohol testing will be unannounced and the dates for

administering the tests will be spread reasonably throughout the calendar year.

e. Each driver notified of selection for random drug or alcohol testing must

proceed to the test site immediately. If the driver is performing a safety sensitive function at the time of notification, the driver must cease the safety-sensitive function and proceed to the test site as soon as possible.

4. Reasonable Suspicion Testing. Notwithstanding the absence of a reasonable

suspicion alcohol test under section 4 of this Article, no driver shall report for duty or remain on duty while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech, and performance indicators of alcohol misuse, nor shall the driver continue to work, until (1) the Driver tests negative for alcohol; or (2) twenty-four hours have elapsed following a determination of reasonable suspicion that the driver has violated the requirements of this Policy regarding the use of alcohol.

5. Follow-up Testing. After a Driver engages in conduct prohibited by section 5.D.

and following a determination by a substance abuse professional that a driver is in need of assistance in resolving problems associated with alcohol misuse and/or drug use, the driver shall be subject to unannounced follow-up alcohol and/or drug testing, as directed by a substance abuse professional.

Section 6. CONSEQUENCES OF POSITIVE TEST RESULTS FOR ALCOHOL

A. POSITIVE TEST RESULT BELOW .02. If, upon testing, an employee’s alcohol concentration is detectable, but at a level of less than .02, (Non-disciplinary Test Result) the employee shall be relieved from duty for a minimum of two hours and shall be counseled. In a repeat case of detection at a level of less than .02, the employee may also be subject to a mandatory referral to the city’s employee assistance program. At the discretion of the City Manager, recurring instances of detectable alcohol concentration of less than .02 may result in discipline up to and including termination.

B. FIRST POSITIVE TEST RESULT OF .02 OR GREATER. When an employee first

tests .02 or greater (Disciplinary Test Result), the employee:

1. Shall be relieved from duty for the balance of the employee’s shift.

2. Shall be discreetly transported to the employee’s home by a city representative.

3. May be subject to a mandatory referral to city’s employee assistance program.

4. May be subject to discipline up to and including termination.

C. SECOND DISCIPLINARY TEST RESULT. When an employee tests .02 or greater for a second time within two years, the employee:

1. Shall be relieved from duty for the balance of the employee’s shift.

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2. Shall be presumed to be terminated, subject to the City Manager’s consideration of all relevant factors relating to the employee’s employment status.

If the employee is not immediately terminated, he or she will be required to comply with the following conditions of eligibility for continued employment with the City, as well as any other discipline imposed by the City.

1. Leave of absence. The employee will be placed on leave of absence as of the time

a second Disciplinary Test Result is received by the City. A determination of whether the leave of absence will be with or without pay will be made within the City's disciplinary policies and procedures. Current benefit coverages will continue during this leave of absence if the employee makes arrangements for continuation of coverage. Generally, an employee's leave of absence under this section of the Policy, with or without pay, will not exceed thirty (30) days.

2. Required evaluation. Within one week after the City receives the second Disciplinary

Test Result, the City will make a mandatory referral to the City’s Employee Assistance Program.

3. Written conditions of eligibility for continued employment. As conditions of eligibility

for continued employment, the employee will be required to sign a written statement agreeing to the following terms and conditions of his or her eligibility for continued employment:

a. The employee agrees to follow and successfully complete the treatment

recommended by the professional who evaluated or assessed the employee. All expenses of treatment will be the responsibility of the employee. Failure to successfully complete the recommended treatment will result in termination of the employee.

b The employee will not be qualified to return to work until he or she submits to

additional alcohol testing and no alcohol concentration is detectable.

c. The employee agrees to sign a Consent/Release for Return to Work testing as outlined in Section 6.A.4.

d. Prior to return to active duty, the employee must provide a written certification

by a professional evaluator, a director of an approved treatment program, or other health care provider approved by the City, that the employee is fit to return to active duty in his or her position at the City.

e. The employee agrees that any further Disciplinary Test Result within the two

year period of Return to Work Testing will result in a presumption that the employee will be terminated.

An employee who refuses to agree in writing to the above conditions of continued employment will be terminated.

4. Return to Work Testing. As a condition of eligibility for continued employment, the

employee must sign a Consent/Release for unlimited, unscheduled, and unannounced alcohol testing for a period of two years from the date of his or her most recent Disciplinary test result. For Drivers, the return-to-work testing shall include at least six test results in the first 12 months following the Driver’s return to duty. An employee who tests negative under return-to-work testing is not guaranteed continued employment.

Section 7. CONSEQUENCES OF POSITIVE TEST RESULTS FOR DRUGS

A. FIRST POSITIVE. An employee who tests positive for the first time for drugs, and who is not immediately terminated, will be required to comply with the following as

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conditions of eligibility for continued employment with the City, as well as any other discipline imposed by the City.

1. Leave of absence. The employee will be placed on leave of absence as of the

time a confirmed positive test result is received by the City. A determination of whether the leave of absence will be with or without pay will be made within the City's disciplinary policies and procedures. Current benefit coverages will continue during this leave of absence if the employee makes arrangements for continuation of coverage. Generally, an employee's leave of absence under this section of the Policy, with or without pay, will not exceed thirty (30) days.

2. Required evaluation. Within one week after the City receives the confirmed

positive test result, the City Manager will make a mandatory referral to the City’s Employee Assistance Program.

3. Written conditions of eligibility for continued employment. As conditions of

eligibility for continued employment, the employee will be required to sign a written statement agreeing to the following terms and conditions of his or her eligibility for continued employment:

a. The employee agrees to follow and successfully complete the treatment

recommended by the professional who evaluated or assessed the employee. All expenses of treatment will be the responsibility of the employee. Failure to successfully complete the recommended treatment will result in termination of the employee.

b. The employee will not be qualified to return to work until he or she submits

to additional drug and the results are negative.

c. The employee agrees to sign a Consent/Release for Return to Work testing as outlined in Section 7.A.4.

d. Prior to return to active duty, the employee must provide a written

certification by a professional evaluator, a director of an approved treatment program, or other health care provider approved by the City, that the employee is fit to return to active duty in his or her position at the City.

e. The employee agrees that any further positive test results for drugs within

the two year period of Return to Work Testing will result in a presumption that the employee will be terminated.

An employee who refuses to agree in writing to the above conditions of continued employment will be terminated.

4. Return to work testing. As a condition of eligibility for continued employment,

the employee must sign a Consent/Release for unlimited, unscheduled and unannounced drug testing for a period of two years from the date of his or her first positive test result for drugs. For Drivers, the Return To Work testing shall include at least six tests in the first 12 months following the Driver’s return to duty. An employee who tests negative under return-to-work testing is not guaranteed continued employment.

B. SECOND POSITIVE TEST RESULT. If the employee tests positive for drugs within

the two year period of Return to Work Testing, it is presumed that the employee will be terminated, subject to the City Manager’s consideration of all relevant factors relating to the employee’s employment status. If the employee is not terminated, all requirements related to a first positive test result will apply.

Section 8. DUTY TO REPORT CONVICTION UNDER CRIMINAL DRUG STATUTE

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A. Any City employee convicted under a criminal drug statute where the violation occurred at any of the following times must notify the City Manager in writing of such conviction, including pleas of guilty and nolo contendere, within five (5) days of the conviction:

1. When the employee is on duty or engaged in City business; or

2. When the employee is using City vehicles, equipment, tools or any other City

property.

B. Any employee who fails to make this required notification is subject to immediate discipline up to and including termination.

Section 9. EMPLOYEE EDUCATION AND ASSISTANCE

A. Policy. Being impaired by drugs or alcohol is no excuse for breaking any City rule or policy. Participating in rehabilitation for drugs or alcohol is no excuse for breaking any City rule or policy.

With this in mind, the City supports appropriate services and rehabilitation programs which emphasize education, prevention, counseling and treatment for employees when their personal problems may impair work performance. These problems include drug or alcohol abuse, marital, family or child difficulties, work stress and financial problems. To enhance the well-being of its employees, the City has chosen to make available to its employees an Employee Assistance Program (EAP).

B. Employee’s Responsibility. It is each employee's responsibility to seek help before

the employee's drug, alcohol or other problems lead to impaired job performance.

C. Supportline. The EAP (Support line) 1-800-624-5544 will be coordinated by an external agency, New Directions. This program will include a toll-free 800 number, available 24 hours a day to be answered by a master’s level mental heath professional who will provide telephone counseling, and if requested by the caller, referral to appropriate services for further assistance. The 800 # and the policy will be provided to each individual employee and be available on company bulletin boards.

D. Voluntary Referral. The EAP will be available to employees and immediate family

members to utilize at their own discretion as needed. Unlimited access is available. This process will involve the employee or family members merely dialing the 800 number and discussing the problem with a mental health professional. If requested by the caller and/or if appropriate, a referral will be made to appropriate resources to deal with the problem.

An employee's voluntary participation in a referral and/or treatment program for drug or alcohol abuse will not lessen nor increase any disciplinary action against that employee, up to and including termination, for any violation of the City's rules or policies.

E. Mandatory Referral. Mandatory referrals may be made to the EAP by the City Manager. A mandatory referral shall be the result of a documented problem or problems related to poor job performance on the part of the employee. If a mandatory referral is made, the referral form shall be signed by the employee and the form returned to the City Manager. The City Manager will contact the EAP counselor to alert them to the required contact. The employee will have 48 hours from after signing the referral form to contact an EAP counselor by calling the 800 number and setting up a face-to-face meeting with appropriate referral sources. The EAP counselor will confirm contact from the employee by notifying the Assistant City Manager of City of Salina. Failure to contact the EAP counselor within 48 hours without just cause may be grounds for disciplinary action, including termination.

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F. Confidentiality. The Employee Assistance Program Administrator shall maintain only

those records necessary to comply with the program. After an employee to the EAP, the EAP will maintain all records necessary to carry out its duties. All medical and/or rehabilitation records concerning the employee’s problem, including the employee’s identity, diagnosis, prognosis, or treatment are confidential and may be disclosed only when authorized through written consent of the employee.

G. Leave Allowance.

1. Voluntary Referral. Employees will be allowed to utilize their accrued sick leave

or accrued vacation leave to voluntarily access the EAP, should such appointment (s) be necessary during their normal working hours. City of Salina would encourage employees to pursue assessment and counseling during off duty hours whenever possible.

2. Mandatory Referral. Employee’s vacation and sick leave will be used for

referral and assessment sessions which are mandated by the City Manager. Further, counseling activities beyond referral and assessment will be the responsibility of the employee.

H. Cost of Evaluation and Treatment.

1. Voluntary Referral. The City, at the discretion of the City Manager, may, but is

not required to offer to share a percentage of the pre-approved costs for professional drug and/or alcohol evaluation/assessment for an employee who voluntarily requests and submits to such an evaluation/assessment. The cost of any recommended counseling or treatment will be the responsibility of the employee.

2. Mandatory Referral. The cost of the valuation/assessment will be paid by the

City. The cost of any recommended counseling or treatment will be the responsibility of the employee.

Section 10. CONFIDENTIALITY

A. TESTING LIMITED TO DRUGS AND ALCOHOL. All specimens collected from City job candidates and employees are tested only for drugs and alcohol. The specimens are not tested for anything else.

B. RELEASE OF TEST RESULTS. Information regarding drug and alcohol test results

under this Policy will be released only;

1. To designated City personnel;

2. To a designated person upon the job candidate's or employee's written consent;

3. Upon Court order;

5. Upon litigation commenced by or against the job candidate or employee which

in any way involves the City. 6. To subsequent employers of city employees in safety sensitive positions, as

required by federal law.

C. TEST RESULT RECORDS. The City maintains a locked confidential file containing medical records and drug and alcohol test results. Only designated City personnel have access to these testing results.

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D. COLLECTION AND LABORATORY PERSONNEL. Collection site personnel and laboratory personnel under contract with the City are required to maintain the confidentiality of test results for drugs and alcohol.

Section 11. MISCELLANEOUS

A. ACCESS TO POLICY. All job candidates will be entitled to review a copy of this Policy prior to submitting to drug or alcohol testing. All City employees are given a copy of this Policy. A copy of the Policy will be available from the City Manager upon the request of a City employee.

B. QUESTIONS. All questions about this Policy should be directed to the City

Manager.

C. REVISIONS TO POLICY. All revisions to this Policy will be in writing. City employees will be notified of any changes other than minor or technical changes.

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Drug and Alcohol Policy Questions and Answers Attachment 19-A (November 1998)

Q. What types of tests will I be subject to? A. Non transportation safety-sensitive positions are subject to pre-employment,

reasonable suspicion, return-to-duty and follow-up testing. Transportation safety sensitive positions are subject to pre-employment, post-accident, random, reasonable suspicion, return-to-duty testing and follow-up testing.

Q. Will I be escorted to the collection site to take a test? A. Generally, the employee will be driven to the test collection site by their supervisor

or another management employee. Q. Do I need to bring anything? A. Yes, you will be required to bring photo identification such as your license. Q. Who will perform the drug and alcohol tests? A. Generally, Occupational Health Partners at 1101 E. Republic will collect both the

alcohol and drug samples. However, the drug sample will be shipped to another lab for determining the results.

Q. Is this lab licensed? A. Yes, the lab that will evaluate the drug test is licensed, accredited and certified by

the U.S. Department of Health and Human Services (DHHS) and Substance Abuse and Mental Health Services Administration (SAMHSA).

Q. What is the method used for drug testing? A. The primary method used to test for the presence of drugs is urinalysis. Q. What drugs will the City test for? A. AMPHETAMINES, COCAINE, CRACK, PHENCYCLIDINES (PCP),

CANNABINOIDS, (MARIJUANA, HASH) and OPIATES (HEROIN) Q. I have heard that certain prescription and non-prescription drugs will show up as a

positive drug test. Is this true? A. It depends on the medication and amount you take. Prior to taking a drug test, you

will be asked to list medications you are currently taking. Each City employee has a duty to report to his or her department head or to the City Manager the use of any medication which might impair job performance. For prescriptions, you may be required to provide written medical authorization for use of the prescribed drug. It is a good idea to keep a list in your billfold or purse of the medications you are taking including the dosage and the name of the pharmacy.

Q. Who determines whether the prescription or non-prescription drugs I am taking

caused my drug test to be positive? A. A Medical Review Officer who is an agent of Fleet Screen will make that

determination. The MRO is a qualified and trained third party who reviews the results of all tests to ensure conformance with federal regulations. In the event of a positive test, the MRO will contact the employee to determine what medications

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and/or reasons the test was returned positive. The MRO, based on his review of the information will make the final determination of confirmed positive or negative. It is only after the MRO review that the City will be notified of the outcome of the test.

Q. Do I get a copy of the test results? A. Yes, upon request, you will be provided a copy of the test results as they are

available. Q. What is the method used for alcohol testing? A. The primary method used to test for alcohol is by an approved breathalyzer

machine. Blood or other medically recognized alcohol testing specimens may also be requested from the employee and used for alcohol testing.

Q. Is there a rule that says I can’t drink so many hours prior to coming to work? A. For non-transportation safety sensitive positions, there is not a specific guideline

restricting alcohol consumption prior to coming to work. However, you are responsible for ensuring that you are not impaired. Good judgement would indicate that the four (4) hour rule is advisable whenever possible.

Q. If I am tested for alcohol and I test less than .02, what happens? A. Generally, this will be considered a “Non-Disciplinary Test Result” and you will be

relieved of duty for a minimum of two (2) hours and receive counseling. The employee may also be referred to the Employee Assistance Program.

Q. What if I am tested for alcohol and I test .02 or greater, what happens? A. This is considered a “Disciplinary Test Results” and the employee:

Shall be relieved from duty for the balance of the employee’s shift. Shall be discreetly transported to the employee’s home by a City

representative. May be subject to a mandatory referral to City’s employee assistance

program. May be subject to discipline up to and including termination.

Q. If I am relieved from duty, what type of leave do I use? A. You will be considered on unpaid leave. Q. Does the City offer an Employee Assistance Program? A. Yes, the City supports appropriate services and rehabilitation programs which

emphasize education, prevention, counseling and treatment for employees when their personal problems may impair work performance. These problems include drug or alcohol abuse, marital, family or child difficulties, work stress and financial problems. To enhance the well-being of its employees, the City has chosen to make available to its employees an Employee Assistance Program. (EAP).

Q. How do I get help? A. You should contact the EAP “Supportline” 1-800-624-5544. This program is

available 24 hours a day to be answered by a master’s level mental health professional who will provide telephone counseling, and if requested by the caller, referral to appropriate services for further assistance.

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Q. Will my supervisor know I contacted the EAP? A. No, all medical and/or rehabilitation records concerning the employee’s problem,

including the employee’s identity, prognosis or treatment are confidential and may be disclosed only when authorized through written consent of the employee.

Q. Will I be charged for this service? A. If an employee voluntarily requests assistance beyond the EAP “Supportline,” the

City, at the discretion of the City Manager, may, but is not required to offer to share a percentage of the pre-approved costs for professional drug and/or alcohol evaluation/assessment for an employee who voluntarily submits to such an evaluation/assessment.

The cost of any recommended counseling or treatment will be the responsibility of the employee. An employee’s health insurance may cover some of the additional costs.

However, if the City requires the further evaluation and assessment of the employee, the cost of the valuation/assessment will be paid by the City. The cost of any recommended counseling or treatment will be the responsibility of the employee.

Transportation Safety-Sensitive Positions Questions and Answers Attachment 19-B (November 1998)

Q. The policy discusses transportation safety sensitive positions, how are they

defined? A. Transportation safety sensitive positions include only those that require the

employee to hold a commercial drivers license (CDL) AND drive a commercial vehicle: a. With a gross vehicle weight rating of 26,001 pounds of more or

combination vehicles (weighing at least 26,001 pounds); or b. Designated to transport 16 or more passengers, including the driver.

Q. I heard that I can’t drink so many hours prior to coming to work, is this true? A. Yes, federal law and this policy prohibits transportation safety sensitive

employees from using alcohol within four (4) hours of reporting to work. Q. How much notice will I be given prior to a random test? A. Generally, none. Q. Will I be escorted to the collection site to take a test? A. Generally not for a random test. Q. If my name comes up on the monthly random testing list, when am I subject to

random testing? A. Only while on duty. Also, the time of day you would be tested will vary. Q. When am I subject to post-accident testing? A. A driver will be subject to post-accident testing only when they are involved in an

accident while driving a commercial motor vehicle and: � The accident involved the loss of human life; or � The driver is cited under State or local law for a moving traffic violation arising

from the accident.

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October 2013

ARTICLE 20

"Resolution Request and Mediation Processes"

If an employee has a complaint about any policy, rule, regulation or treatment that he or she feels is unfair, the employee may file a resolution request. Resolution requests do not include performance evaluation appeals. The resolution request must follow the chain of command and be submitted in writing using the Resolution Request Form. For a copy of the form, contact your Supervisor or the Human Resources Department.

The resolution request shall be first presented to the immediate supervisor with a copy provided to the Department Head. The employee should try to suggest a solution to the request. The supervisor must respond to the request within five (5) working days. If the employee rejects the supervisor’s response, the supervisor shall forward the request through the chain of command. If the request is not resolved at any intermediate step in the chain of command, it must be forwarded to the next succeeding level of supervision within five (5) working days. Each supervisor, within the limits of his or her authority, shall attempt to resolve the request rather than merely sending it to the next level of supervision.

If any employee is unable to resolve the request through the chain of command within the department, then the employee shall have the option to present the request to the City Manager or his or her designee. The City Manager may or may not meet with the employee to discuss the request. If the City Manager chooses to have a meeting with the employee, the employee, with advance approval, may invite another individual to attend the meeting. If the individual is a city employee, he or she will be considered on paid status if the meeting is during the normal work schedule. The City Manager’s decision will be given to the employee in writing. The decision by the City Manager is final. In no case shall an employee or a group of employees take a request to the City Commission or to any individual City Commissioner.

If the request is in the area of equal employment opportunity an employee should first

utilize the request procedure provided through the chain of command. Also, the employee may file a complaint with the Kansas Human Rights Commission.

As an alternative to or in conjunction with the Resolution Request, a Mediation Request

may be completed. Mediation may be requested by an employee, a supervisor, or Human Resources. It will be conducted by a neutral third party and will be subject to established guidelines.

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February 2016

ARTICLE 21

"Hours of Work and Overtime" Section 1. SCHEDULES AND ASSIGNMENTS

With the exception of fire personnel who are under the "on duty twenty-four (24) hours and off duty forty-eight (48) hours" work schedule and sworn law enforcement personnel, all personnel will have a standard work week from 12:01 a.m. Monday through midnight Sunday evening.

Fire personnel who are under the "on duty twenty-four (24) hours and off duty forty-eight (48) hours" work schedule shall have a basic work period of fourteen (14) days in duration commencing at 8:00 a.m. on the first day of the work period and ending at 8:00 a.m. on the first day of the following work period. Sworn law enforcement personnel have a work period of fourteen (14) days in duration commencing from 12:01 a.m. Monday through midnight Sunday evening on day fourteen (14). Section 2. REST PERIODS

Rest periods and coffee breaks are a privilege which shall be arranged so as not to interfere with City business. During each eight (8) hour shift, one fifteen (15) minute break is permitted during each half of the shift. This privilege should not be abused. Section 3. OVERTIME PAY

Employees shall be compensated at a rate of one and one-half times (1 ½) the employees’ regular rate of pay for hours worked in excess of forty hours in one standard work week as defined in Section 1. Schedules and Assignments, with the exception of shift fire personnel and sworn law enforcement personnel with a basic work period of fourteen (14) days. For overtime purposes, hours worked does not include vacation, holiday, or sick leave hours. Any time worked in excess of an employee's regular schedule shall be with the prior knowledge and approval of the immediate supervisor and/or department head. Extra time worked and the corresponding compensation shall be calculated to the nearest tenth (0.1) of an hour.

Employees determined to be exempt, according to the Fair Labor Standards Act, are not entitled to overtime compensation. Section 4. NONSCHEDULED WORK POLICY

The effective delivery of City programs and services requires that City employees respond to situations at times other than during scheduled work hours. In order to respond to those situations without restricting the personal activities of City employees during their time off from scheduled work, all City departments shall make every effort to avoid calling individuals in to work. In the event an employee is requested to report to work and the employee reports, he or she shall be paid for a minimum of two hours.

Departments that require 24/7 operations may require the use of radios, pagers, or other similar devices in order to ensure service delivery. Employees may be required to report to work in emergencies or in accordance with departmental policy.

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Section 5. PAYMENT FOR HOURS WORKED

Employees shall be paid for hours worked. Employees who believe that they have been subject to improper wage or salary deductions or have not been fully paid for any payroll period should notify their supervisor or the Human Resources Department immediately upon discovering such discrepancy to get the problem resolved. Employees will not be subject to any form of retaliation for raising such an issue or for notifying his or her department or Human Resources of the potential issue. If it is determined that a wage or salary deduction was incorrectly made or that the employee did not receive full compensation for any payroll period, the employee will be reimbursed for any improper deduction or paid any previously unpaid wages as soon as practical and no later than the next payroll period following the determination when possible.

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December 2007

ARTICLE 23

"Discipline" Section 1. GENERAL

It shall be the responsibility of all supervisors and department heads to reasonably and impartially supervise and, when necessary, discipline or recommend disciplinary action for the personnel assigned to them.

Methods or forms of discipline shall be limited to those of reprimand, suspension, reduction in pay, demotion, dismissal or any combination of these.

In any case of disciplinary action (except a verbal reprimand), the supervisor or department head shall be responsible to submit a written report through the chain of command. Such report shall be made with the employee's knowledge. The employee shall be required to read and requested to sign the report. This is not to imply that the employee agrees with the report, but rather to assure that the employee is aware of the contents of the report. In the event the employee refuses to do so, a notation to that effect shall become a part of the report. As the report progresses through the chain of command, each supervisor and department head shall be responsible for adding a written acknowledgment of having received the report and shall supplement it with opinions and recommendations prior to forwarding it to the next level of command.

Department heads may impose disciplinary actions including reprimands or suspensions not exceeding five (5) working days without prior approval of the City Manager. All other disciplinary actions shall be by approval of the City Manager.

All supervisors and department heads shall exercise good judgment and discretion in taking or recommending disciplinary action. They shall endeavor to insure that the extent of the penalty is not unreasonable or excessive in relationship to the seriousness of the violation or circumstances for which the employee is being penalized. In taking or recommending disciplinary action of any type, supervisors and department heads shall do so on the basis of what is best for the department, the City of Salina and its employees. Section 2. GROUNDS FOR DISCIPLINARY ACTION

The following are examples of grounds which warrant disciplinary action for any employee in the service of the City of Salina. However, disciplinary action may be taken for reasons other than those herein enumerated:

A. APPEARANCE 1. refusal or failure to comply with departmental requirements related to

wearing apparel, personal appearance, hygiene and safety;

B. ATTITUDE 1. is unable or unwilling to get along with superiors, co-workers, or the

public, or persists in exhibiting a negative or uncooperative attitude toward the job;

C. CONDUCT

1. being under the influence of intoxicating beverage or controlled substances while on duty;

2. consumption of intoxicating beverage or illegal use of controlled

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substances while on duty;

3. offensive conduct or language toward the public, toward City officers or employees;

4. has participated in conversation or activity which tends to create conflict

or in any way jeopardizes or adversely affects or influences the performance, operation, supervision or management of any department or the municipal organization;

D. DAMAGES OR NEGLECTS EQUIPMENT OR PROPERTY

1. causes damage to or is negligent in the care or operation of City-owned equipment or property;

E. DISHONEST, UNFAIR OR DISCRIMINATORY STATEMENTS

OR ACTIONS 1. has favored or discriminated against any applicant for employment or

employee because of age, race, religion, color, national origin, ancestry, sex, marital status or physical disability, except for a bona fide occupational qualification;

2. has willfully or corruptly deceived or obstructed any person in respect to

that person's right to apply for or take part in any test or procedure related to employment or advancement;

3. has knowingly and willfully: provided or accepted information, for

unauthorized use, in examinations related to hiring or promotions; furnished false information for the purpose of either improving or jeopardizing the prospects or chances of a person being considered for appointment or advancement; committed any act which interferes with or compromises the standard or equality of established hiring and/or promotional practices;

4. has knowingly falsified information on a job application or other required

personnel form;

5. has knowingly falsified any City form, document or work record;

6. has inappropriately used a City identification card.

F. INSUBORDINATION

1. fails or refuses to carry out any reasonable, just and legitimate instruction or order of superiors;

2. has willfully violated any of the provisions of the rules and regulations of

the City of Salina;

G. JOB PERFORMANCE 1. unexcused tardiness or absenteeism;

2. has willfully delayed, slowed down, stopped, hindered, obstructed or

prevented any employee in the proper and expedient performance of job duties;

3. has intentionally and deliberately delayed, prolonged, slowed down or

procrastinated in the performance of job duties;

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4. has influenced or attempted to influence any employee to delay, slow down, procrastinate or in any way fail to properly carry out job duties;

5. is unreliable, neglectful, unfit, incompetent, unwilling, or incapable of

fulfilling or carrying out assigned duties and responsibilities;

H. PHYSICAL FITNESS 1. has intentionally or by neglect refused or failed to maintain the standard

of physical fitness required for performing assigned job;

I. SAFETY 1. has ignored, violated or failed to observe rules of safety or has refused or

failed to employ safe working practices, thereby jeopardizing personal welfare or that of other persons, or causing damage to or destruction of public or private property;

J. VIOLATION OF A CITY ORDINANCE, STATE OR FEDERAL LAW

1. has induced or attempted to induce any public official or employee to commit an illegal act or to act in violation of any department or municipal regulation;

2. has been convicted of a felony crime or misdemeanor offense which

might adversely reflect on or create doubt about the moral character, credibility or reliability of the employee;

3. an employee charged with a criminal offense may be suspended pending

a full investigation and/or adjudication.

K. USE OF POSITION OR JOB RELATED KNOWLEDGE FOR PRIVATE GAIN 1. has sought, received, or given any gratuity (in the form of compensation,

entertainment, trips, gifts, favors or otherwise) of any “significant value” from or to those who have or seek business dealings with or received service from the City of Salina.

2. has, in any way, used their position, influence, or job related knowledge

for private gain for themselves or others.

Section 3. FORMS OF DISCIPLINE

A. REPRIMAND

Supervisors and/or department heads may verbally reprimand employees for violations of municipal or department rules. Verbal reprimands shall be made in a civil, constructive, businesslike manner.

Written reprimands for violation of municipal or department rules shall be forwarded to the Director of Personnel to be made a part of the employee's personnel file. Repeated or multiple reprimands may be cause for more severe disciplinary action.

Supervisors and/or department heads, utilizing a reprimand as a discipline tool, shall endeavor to do so with reason. Reprimands should not only admonish or warn the employee, but also lead, guide, direct and instruct the employee in how to correct and avoid repeating the mistake, infraction or deficiency.

Reprimands may not be appealed. Concerns over a reprimand should be addressed through the grievance process. Further, the employee may submit a written statement of response to the reprimand which shall be attached to the reprimand in the personnel file. The employee shall receive a copy of the reprimand.

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B. SUSPENSION

A department head may suspend an employee for just cause with the approval of the Human Resources Director. A supervisor may recommend suspension to the department head. The time during the suspension shall be without pay for a period of time not to exceed five (5) working days, or three (3) shifts for 56 hour employees. Employees on suspension during a City or special holiday shall be compensated for such holiday. The holiday shall not be considered a day of suspension. Employees may not elect to use their personal leave day during a period of suspension.

The department head may extend the suspension of an employee beyond five (5) working days, or three (3) shifts for 56 hour employees, with approval of the City Manager.

A written report on all such suspensions shall be promptly forwarded to the City Manager by the department head to subsequently be filed in the employee's personnel file maintained by the Human Resources Director. The employee shall receive a copy of the written report.

An employee who is suspended shall be advised of the action, the reason and the duration within 24 hours of the effective date of such action.

The following are examples of grounds for an employee to be suspended; however, an employee may be suspended for reasons other than those herein enumerated, when deemed appropriate by the department head and/or City Manager: violation of or noncompliance with municipal or department rules or regulations; absenteeism; insubordination; abuse, misuse or neglect of City-owned equipment or facilities; has been charged with or under investigation for committing a felony crime or a misdemeanor offense involving moral turpitude.

C. REDUCTION IN PAY

An employee may receive a reduction in pay not to exceed one salary step as a form of disciplinary action. This form of disciplinary action shall be by written recommendation of the department head and approval of the City Manager. A supervisor may recommend a reduction in pay to the department head.

A reduction in pay may be imposed for any of, but not limited to, the following reasons: incompetence, unreliability or neglect of duty; absence without leave; insubordination or serious breach of discipline; willful violations of written rules or regulations; intoxication or consumption of intoxicating beverage while on duty; neglect or misuse of City-owned equipment or facilities; causing or contributing to conflict between employees; offensive conduct toward the public, City officers or other employees; being under the influence or illegal use of controlled substances while on duty; falsification of an employment application or any type report; abuse or improper use of authority.

D. DEMOTION

An employee may be demoted to a lower paying classification as a form of disciplinary action. This form of disciplinary action shall be by written recommendation of the department head and approval of the City Manager. A supervisor may recommend the demotion of an employee to the department head.

A demotion may be imposed for any of, but not limited to, the following reasons: incompetence, unreliability, or neglect of duty; insubordination or serious breach of discipline; willful violation of written rules, policies, or regulations; intoxication or consumption of intoxicating beverage while on duty; neglect or misuse of City-owned equipment or facilities; causing or contributing to conflict between employees; offensive conduct toward the public, city officers or other employees; being under the influence or illegal use of controlled substances while on duty; falsification of an employment application or any type of report; abuse or improper use of authority; conviction of a violation of the law other than minor traffic offenses.

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E. DISMISSAL

Any employee may be dismissed for just cause. Such action shall be taken only when other forms of disciplinary action or penalties are deemed inappropriate or have proven ineffective. This form of disciplinary action shall be exercised by written recommendation of the department head and approval of the City Manager. A supervisor may recommend the dismissal of an employee to the department head.

An employee may be dismissed for any of, but not limited to, the following reasons: incompetence, unreliability or gross neglect of duty; insubordination or serious breach of discipline; willful violation of written rules, policies or regulations; intoxication or consumption of intoxicating beverage while on duty; neglect or misuse of City-owned equipment or facilities; causing or contributing to conflict between employees; offensive conduct toward the public, city officers or other employees; being under the influence of or illegal use of controlled substances while on duty; falsification of an employment application or any type of report; abuse or improper use of authority; conviction of a felony crime or misdemeanor criminal offense. Section 4. APPEALS OF DISCIPLINARY ACTION

Any employee, except a newly hired probation employee, shall have the right to appeal any disciplinary action except reprimands. Concerns over a reprimand should be addressed through the grievance process. Any such appeal shall be submitted in writing by the employee within three (3) working days following notification of the action (weekends and holidays excluded). The appeal shall be submitted to the Human Resources Director. For suspensions five (5) working days or less, or three (3) shifts for 56 hour employees, an employee must first appeal the disciplinary action to the City Manager. An employee not satisfied with the City Manager’s decision may subsequently appeal that action to the Disciplinary Advisory Board. For other serious disciplinary actions, including suspensions longer than five (5) working days or three (3) shifts for 56 hour employees, reduction in pay, demotion and dismissal, a hearing must be held with the City Manager. Following that hearing, the employee may request a hearing before the Disciplinary Advisory Board. The course of review shall be commenced within three (3) days (weekends and holidays excluded) following receipt of the appeal by the Human Resources Director. Section 5. DISCIPLINARY ADVISORY BOARD

The City's Disciplinary Advisory Board exists for the purpose of hearing employee appeals in disciplinary actions and making recommendations to the City Manager in such cases. The Board serves only in an advisory capacity to the City Manager. The Board's recommendations shall not be binding upon the City Manager.

The Board of Commissioners of the City of Salina appoint the Disciplinary Advisory Board, composed of nine (9) residents of Salina. Appointees serve a term of three (3) years.

Upon receipt of a complaint, the Human Resources Director, in the presence of the aggrieved employee, shall, within three (3) days (excluding weekends and holidays), select by lot three (3) names from this panel to act as an appeal committee. The employee and the department head involved shall each have one (1) challenge to replace any of the original three members selected. Any committee member may refuse to serve on a committee. After selection, the committee shall designate the time and place of the hearing and notify the employee and the department head to appear and bring all pertinent records. Either party may call such witnesses as they desire. The hearing shall be held as soon as practical, considering the preparation needs of the parties involved.

The committee shall submit their recommendations and finding to the City Manager within five (5) days (excluding weekends and holidays) after conclusion of the hearing. The City Manager

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shall make the final decision within five (5) days (excluding weekends and holidays) after receipt of the report and recommendations from the appeal committee. The employee, the department head and the committee members shall receive a copy of the final decision, which shall be placed in the employee's personnel file. The City Manager's decision shall be final.

No one employee shall be permitted to appear before any of the same three committee members more than once.

24-1

December 2007

ARTICLE 24

"Separation and Reinstatement" Section 1. REDUCTION IN WORK FORCE - LAYOFF

The City Manager may separate any employee without prejudice because of lack of funds, curtailment of work, reorganization or reassignment of responsibilities. Any employee being laid off shall be given at least two (2) weeks advance notice. Whenever a classified position is abolished or a reduction in force becomes necessary, layoffs shall be accomplished in the following manner:

A. The first employees to be laid off shall be those designated as temporary, part-time or probationary;

B. Second shall be those employees who received a rating of "below average" or

"unsatisfactory" on their last performance evaluation;

C. The remainder of employees shall be retained on the basis of those who, in the opinion of the department head, are best qualified to perform the work.

Employees who have been laid off and who had a satisfactory or above rating at the time

shall have priority, in reverse order of termination, for rehiring within one (1) year to a position having the same or lower classification for which the individual is qualified.

A former employee who was laid off due to reduction in work force and who is considered for reinstatement within one (1) year shall be exempt from all required tests, other than a physical examination. A former employee rehired within one (1) year after being laid off due to reduction in work force shall be credited with tenure, sick leave and retirement benefits earned prior to termination, subject to laws or regulations controlling the particular retirement plan. Section 2. ABSENT WITHOUT LEAVE

Any employee who fails to report to work as scheduled without authorization from the supervisor or department head shall be considered to be absent without leave.

The period of time an employee is absent without leave shall not be eligible for pay. Provided, in the case of illness, injury or emergency confirmed to the satisfaction of the department head, the period of absence may be charged to sick leave or accrued vacation.

Any employee who is absent without leave may be subject to disciplinary action. Section 3. RESIGNATIONS

Employees shall be considered to have resigned in good standing if they have given the department head and/or City Manager advance notice as follows: employees should attempt to give at least two (2) weeks notice, not including vacation time; provided, other circumstances related to the termination and the employee's performance record are such as to justify good standing. However, at the discretion of the department head and/or City Manager, the above preferred periods for notice of resignation may be waived; in which case the employee's record shall indicate "employment terminated in good standing."

The above stated periods of preferred notice for resignation shall not include accrued

vacation time, unless a waiver so stating is approved by the department head and/or City Manager.

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In addition to giving proper notice, to be considered in good standing, the employee must

not: a) Be on unpaid suspension during resignation; b) Have pending discipline likely resulting in termination; c) Have failed to meet Organizational Values during two consecutive annual performance

evaluation periods or more than two times during a five year period; d) Have committed fraudulent or illegal acts against the City; e) Have City property issued to the employee still in his or her possession.

Section 4. JOB ABANDONMENT

An employee who fails to report to work without notice to a supervisor for more than three (3) consecutive working days will be considered to have abandoned his or her position and voluntarily resigned as of the beginning of the fourth working day.

Prior to making a determination regarding job abandonment, the employee’s supervisor or

department head will attempt to contact the employee prior to the voluntary resignation designation to ensure there are no extenuating circumstances present.

The City Manager may reinstate the employee if the employee is able to demonstrate that

extenuating circumstances interfered with the ability to communicate and/or notify the supervisor as to the reason for the absence.

Section 5. REEMPLOYMENT AFTER RESIGNATION

A former employee who had resigned in good standing and the effective date of his or her reemployment is ninety (90) days or less following the effective date of the resignation shall be considered as being qualified for the same or a comparable classification. Such an applicant shall be exempt from all required tests, other than a physical examination, drug test and completion of an employment application. The applicant for reemployment shall also be exempt from the probationary period and may be reinstated at a salary corresponding to that which the employee was receiving at the time of termination. An employee so reinstated shall be credited with tenure, sick leave and retirement benefits earned prior to termination, subject to laws or regulations controlling the particular retirement plan.

A former employee who had resigned in good standing and the effective date of their reemployment is more than ninety (90) days following the effective date of their resignation shall be considered a new applicant and shall receive no credit for prior service in calculating employee benefits.

The City Manager may grant reasonable waivers to the above requirements in terms of

rehiring/reinstating former employees.

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October 2013

ARTICLE 25

"Miscellaneous" Section 1. PERSONNEL RECORDS

All employee personnel records shall include applications, performance evaluations, promotions, acts of reward, recognition, disciplinary actions and any other pertinent information pertaining to the job performance of the individual employee, and copies thereof shall be available to the employee. The official personnel file of all employees shall be maintained in the Human Resources Department.

The Human Resources Director shall be responsible for the care and maintenance of all personnel files and records. Department heads shall be responsible for seeing that information is promptly forwarded to the Human Resources Department. Employees may, within normal office hours, review their official personnel file. Section 2. EMPLOYEE SUGGESTIONS AND RECOMMENDATIONS

Ideas and suggestions for the improvement of any part of the municipal operation are encouraged and will be welcomed for consideration by the supervisors, department heads and the City Manager.

It shall be the responsibility of each supervisor to give full and fair consideration to each suggestion or recommendation made by an employee. Each suggestion or recommendation shall be promptly forwarded to the department head for consideration. The employee submitting the suggestion or recommendation shall be kept informed by the supervisor and/or department head as to the merit and status of the proposal. Section 3. EMPLOYEE ORGANIZATIONS

Any employee of the City of Salina may join, organize or maintain membership in an employee organization, association or union. The City neither encourages nor discourages these activities, nor does membership or non-membership in an employees organization, association or union affect the employee's standing or rights as a City employee.

The right to join an employee organization, association or union also includes the right not to join. Any employee, desiring to join, remain a member or become independent of an employee organization, association or union shall be free to exercise that right without undue influence, coercion, intimidation or pressure of any kind by any person.

Membership or participation in an employee organization, association or union shall in no way exempt an employee or group of employees from any of the policies, procedures, rules or regulations as set forth in this manual or as hereafter amended. Section 4. CREDIT UNION

The Credit Union was organized in March of 1947 for the benefit of City employees.

The basic services of the Credit Union are available to all employees. Contact the Credit Union Manager at 825-1053 for further information.

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Section 5. UNITED WAY

Employees are encouraged to help support the United Way of Salina. Regular payroll deductions simplify participation in this very worthwhile community program. A number of organizations depend on the United Way to help them provide the services which do much to make Salina a fine city in which to live, work and play.

For several years the high percentage of participation on the part of municipal employees has served as an example for employees in both the public and private sector. It has also served to illustrate that municipal employees are genuinely concerned about their fellow man and want to do their part to make Salina an even better community. All City employees shall be given the opportunity to change their United Way pledge every year. However, employees have the right to start, stop, increase or decrease their pledge at any time. Section 6. GARNISHMENT FEES

Employees will be charged an administrative fee for the processing of garnishments. The fee will be deducted from the payroll check(s) from which the garnishment is also being deducted from and will be figured at the maximum allowed under the garnishment, not to exceed $5.00 per pay period. This fee will not be charged for child support orders. Section 7. REPORTING OF FRAUD, THEFT, OR MISUSE OF CITY ASSETS

It is the duty of each employee who knows of any fraud, theft or misuse of City assets, including cash, supplies, equipment, services, etc., to report the same to the appropriate City officials. The report may be made orally or in writing. The “appropriate City officials” may include any one of the following:

1. The employee’s immediate supervisor 2. The employee’s department head 3. Director of Finance 4. Deputy City Manager 5. Human Resources Director 6. City Manager

No person filing a report under this policy shall be subject to retribution or retaliation of

any kind for doing so.

Section 8. RECORDING DEVICES Recording devices shall not be used in the course of employment duties without all parties’ knowledge unless such action is necessary and considered typical job-related protocol. Such duties may include but are not limited to law enforcement and public safety activities, inspection and project work, meeting minutes preparation, and compliance and safety records. Any use of recording devices other than those specified by departmental protocols should be approved by the City Manager or designee prior to occurring.

Personnel Manual – Index 11/2017

INDEX

SUBJECT PAGE Absent Without Leave ................................................................................................... 24-1 Address Change............................................................................................................ 18-7 Administrative Responsibility ......................................................................................... 1-1 Adverse Weather – Report to Work .............................................................................. 18-7 Alcohol, Drugs ............................................................................................................... 19-3 Anniversary Date ........................................................................................................... 2-1 Appeals of Disciplinary Action ....................................................................................... 23-5 Appeals of Performance Evaluations ............................................................................ 8-2 Appearance ................................................................................................................... 18-3 Arrests, Duty to Report .................................................................................................. 18-11 Attitude and Conduct ..................................................................................................... 18-3 & 23-1 Care and Use of Equipment and Facilities .................................................................... 18-4 & 23-2 Casual Shirts ................................................................................................................. 18-1 Chain of Command ....................................................................................................... 2-1 & 18-1 Change of Address, Family Status ................................................................................ 18-7 Citizenship ..................................................................................................................... 3-1 City-County Building Parking ......................................................................................... 18-9 Civil (Court/Jury) Leave ................................................................................................. 17-1 Clothing ......................................................................................................................... 10-2 COBRA .......................................................................................................................... 11-A Coffee Breaks (Rest Periods) ....................................................................................... 21-1 Compensation, Total ..................................................................................................... 10-1 Competency/Skill-Based Pay ........................................................................................ 10-3 Conduct ......................................................................................................................... 18-3 Confidential Information ................................................................................................ 18-11 Credit Union .................................................................................................................. 25-1 Deferred Compensation Plan ........................................................................................ 13-1 Definitions ...................................................................................................................... 2-1 Demotion ....................................................................................................................... 9-3 & 23-4 Denial or Delay of Merit Increase .................................................................................. 8-2 Department Regulations ............................................................................................... 1-1 Disciplinary Action, Appeals of ...................................................................................... 23-5 Disciplinary Advisory Board ........................................................................................... 23-5 Discipline ....................................................................................................................... 23-1 Dismissal ....................................................................................................................... 23-5 Domestic Violence Leave .............................................................................................. 17-1 Driver’s Policy ................................................................................................................ 18-4 Driver’s Policy Q&A ....................................................................................................... 18-A Drug and Alcohol Policy ................................................................................................ 19-1 Drug and Alcohol Policy Q&A ........................................................................................ 19-A Drug and/or Alcohol Testing – General Procedure ....................................................... 19-4 Drug Testing, Persons Subject to ................................................................................. 19-2 Duty to Report Arrest ..................................................................................................... 18-11 Electronic Mail (E-Mail) ................................................................................................. 18-8 Emergency Leave ......................................................................................................... 17-1 Employee Organizations ............................................................................................... 25-1 Equal Opportunity .......................................................................................................... 4-1 Evaluations of Performance .......................................................................................... 8-1 Family Leave ................................................................................................................. 17-2 Family Medical Leave (FMLA) ...................................................................................... 17-A Family Status Change ................................................................................................... 18-7 Favors, Gifts, Gratuities, Rewards ................................................................................ 22-3 Firemen’s Relief Assn. .................................................................................................. 11-1 FMLA, Your Rights Under ............................................................................................. 17-A Freedom of Speech and Expression ............................................................................. 18-1 Funeral Leave (Sick Leave) .......................................................................................... 16-1

Personnel Manual – Index 11/2017

SUBJECT PAGE Garnishment Fees ......................................................................................................... 25-2 Gifts ............................................................................................................................... 22-3 Good Standing (Resignation) ........................................................................................ 24-1 Gratuities ....................................................................................................................... 22-3 Grievance ...................................................................................................................... 2-2 Harassment ................................................................................................................... 5-1 Health Care, Notice of Your Right to Documentation .................................................... 11-B Health Insurance, Group ............................................................................................... 11-1 Health Insurance Continuation (COBRA) ...................................................................... 11-A Holidays ......................................................................................................................... 14-1 Hours Worked, Payment for .......................................................................................... 21-1 Identification Cards........................................................................................................ 18-7 Insubordination .............................................................................................................. 23-2 Insurance - Group Health .............................................................................................. 11-1 Insurance - Group Life - Fire Department ..................................................................... 11-1 Insurance - Group Life - Other Departments ................................................................ 11-1 Internet .......................................................................................................................... 18-8 Jeans ............................................................................................................................. 18-2 Job Abandonment ......................................................................................................... 24-2 Jury (Court) Duty ........................................................................................................... 17-1 KP&F ............................................................................................................................. 13-1 KPERS .......................................................................................................................... 13-1 Layoffs ........................................................................................................................... 24-1 Leave - Absence ........................................................................................................... 17-2 Life Insurance, Group .................................................................................................... 11-1 Litigation Against City .................................................................................................... 22-3 Longevity Pay ................................................................................................................ 10-2 Loyalty Oath .................................................................................................................. 3-1 Maternity Leave (Family Leave) .................................................................................... 17-1 Mediation Process ......................................................................................................... 20-1 Merit Salary Increases ................................................................................................... 2-2 & 8-1 Merit System ................................................................................................................. 6-1 Military Leave ................................................................................................................ 17-1 & 17-B Mobile Phone Use ......................................................................................................... 18-11 Motivation/Knowledge ................................................................................................... 18-3 Nepotism (Employment of Relatives) ............................................................................ 22-1 Nonscheduled Work ...................................................................................................... 21-1 Official Pay Plan ............................................................................................................ 10-1 Outside Employment ..................................................................................................... 22-3 Overtime Pay ................................................................................................................. 21-1 Parking - City-County Building ....................................................................................... 18-9 Pay Periods ................................................................................................................... 10-1 Pay Plan ........................................................................................................................ 10-1 Pay Records. ................................................................................................................. 10-2 Payment for Hours Worked ........................................................................................... 21-1 Performance Evaluations .............................................................................................. 8-1 Performance Evaluations Appeals ................................................................................ 8-2 Personal and Family Protection Act .............................................................................. 18-10 Personal Leave Day ...................................................................................................... 14-1 Personnel File ............................................................................................................... 2-2 Personnel Records ........................................................................................................ 25-1 Physical Exam ............................................................................................................... 3-1 Physical Fitness ........................................................................................................... 18-4 Political Activities .......................................................................................................... 22-1 Position Addition, Removal, Realignment ..................................................................... 9-5 Privacy Practices, Notice of ........................................................................................... 11-C Prescription Drugs ......................................................................................................... 19-3 Probation ....................................................................................................................... 7-1 Prohibited and Permitted Political Activities .................................................................. 22-1

Personnel Manual – Index 11/2017

SUBJECT PAGE Promotion ...................................................................................................................... 9-1 Public Relations ............................................................................................................. 18-1 Public Safety Officers Benefit Act of 1976 ................................................................... 11-1 Reasonable Suspicion Testing ...................................................................................... 19-7 Recording Devices ........................................................................................................ 25-2 Reclassifications ........................................................................................................... 9-3 Reduction in Pay ........................................................................................................... 23-4 Reduction in Work Force – Layoff ................................................................................. 24-1 Reemployment After Resignation ................................................................................ 24-2 Report Arrest, Duty to .................................................................................................... 18-11 Reprimand ..................................................................................................................... 23-3 Relatives (Employment of) ............................................................................................ 22-1 Release of Information .................................................................................................. 18-1 Residency ...................................................................................................................... 22-3 Resignations .................................................................................................................. 24-1 Resolution Requests ..................................................................................................... 2-2 & 20-1 Responsibility to Report to Work in Adverse Situations ................................................ 18-7 Rest Periods .................................................................................................................. 21-1 Retirement Programs .................................................................................................... 13-1 Return of City Property .................................................................................................. 18-7 Rewards ........................................................................................................................ 22-3 Safety ............................................................................................................................ 18-4 & 23-3 Salary ............................................................................................................................ 8-1 Schedules and Assignments ......................................................................................... 21-1 Separation Pay .............................................................................................................. 10-2 Sexual and Other Workplace Harassment ................................................................... 5-1 Shift Differential ............................................................................................................. 10-3 Sick Leave ..................................................................................................................... 16-1 Sick Leave Advancement .............................................................................................. 16-2 Sick Leave (Separation Pay) ......................................................................................... 10-2 Skill/Competency- Based Pay ....................................................................................... 10-2 Smoking Policy .............................................................................................................. 18-6 Social Security .............................................................................................................. 13-1 Software Duplication ..................................................................................................... 18-8 Suggestions, Employee ................................................................................................. 25-1 Suspension .................................................................................................................... 23-4 Termination (See: Resignation) .................................................................................... 24-1 Total Compensation ...................................................................................................... 10-1 Transfers ....................................................................................................................... 9-2 Transportation Safety Sensitive Positions Q&A ............................................................ 19-B Travel Expense ............................................................................................................. 22-3 Types of Speech ........................................................................................................... 18-2 Tuition Reimbursement ................................................................................................. 22-3 Unemployment Insurance ............................................................................................. 11-1 Uniforms ........................................................................................................................ 10-2 United Way .................................................................................................................... 25-2 USERRA (Uniformed Services Employment and Reemployment Rights Act) .............. 17-B Vacation ........................................................................................................................ 15-1 Vacation Buyback .......................................................................................................... 15-2 Vacation Carry-over ...................................................................................................... 15-2 Watch List ..................................................................................................................... 18-4 Weapons, Possession/Use of by Employees................................................................ 18-10 Workplace Violence ...................................................................................................... 18-9 Workplace Violence, Procedures for Dealing With Acts of ........................................... 18-11 Work Regulations .......................................................................................................... 18-1 Workers Compensation ................................................................................................ 12-1 Workers Compensation Q&A ........................................................................................ 12-A Workers Compensation Rights & Responsibilities ........................................................ 12-B