CARYVILLE MUNICIPAL CODE
PERSONNEL POLICIES AND PROCEDURES
Table of Contents
ARTICLE I. GENERAL ................................................................................................................ 1
Section 1.01 General Purpose/Scope ......................................................................................... 1
Section 1.02 Nature of the Employment Relationship............................................................... 1
Section 1.03 Non-Harassment Policy ........................................................................................ 1
Section 1.04 Definitions of Classes of Employees .................................................................... 1
(a) Regular full-time employee ............................................................................................ 1
(b) Regular part-time employee ............................................................................................ 1
(c) Temporary employee ...................................................................................................... 1
(d) Volunteer fire fighter ...................................................................................................... 1
Section 1.05 Employee Personnel Records ............................................................................... 2
Section 1.06 References ............................................................................................................. 2
ARTICLE II. RECRUITING AND HIRING ................................................................................ 3
Section 2.01 Recruiting .............................................................................................................. 3
(a) Procedures ....................................................................................................................... 3
(b) Applications .................................................................................................................... 3
(c) False information ............................................................................................................ 3
Section 2.02 Hiring Procedures ................................................................................................. 3
Section 2.03 Probationary Period .............................................................................................. 4
Section 2.04 Employment of Relatives (Nepotism) .................................................................. 4
Section 2.05 Promotions and Transfers ..................................................................................... 5
ARTICLE III. HOURS AND ATTENDANCE............................................................................. 6
Section 3.01 Working Hours...................................................................................................... 6
Section 3.02 Hours of Work, Overtime and Compensatory Time ............................................. 6
(a) Compliance with FLSA .................................................................................................. 6
(b) Actual hours worked ....................................................................................................... 6
(c) Accrual of compensatory time ........................................................................................ 6
(d) Using compensatory time ............................................................................................... 6
(e) Compensatory time record keeping ................................................................................ 6
Section 3.03 Attendance ............................................................................................................ 7
(a) Requirements .................................................................................................................. 7
(b) Inclement weather ........................................................................................................... 7
(c) Time clock ...................................................................................................................... 7
Section 3.04 Meal Periods ......................................................................................................... 7
Section 3.05 Payroll Records ..................................................................................................... 7
ARTICLE IV. COMPENSATION ................................................................................................ 8
Section 4.01 Salaries and Wages ............................................................................................... 8
Section 4.02 Payday ................................................................................................................... 8
(a) Pay period ....................................................................................................................... 8
(b) Payroll deductions ........................................................................................................... 8
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(i)
federal income tax ................................................................................................... 8
(ii)
social security.......................................................................................................... 8
(iii)
others ....................................................................................................................... 8
(iv)
garnishments ........................................................................................................... 8
(c) Final pay checks .............................................................................................................. 8
Section 4.03 Travel Expense Reimbursement ........................................................................... 9
(a) Travel Documentation .................................................................................................... 9
(b) Transportation ................................................................................................................. 9
(i)
air travel ................................................................................................................ 10
(ii)
rail or bus travel .................................................................................................... 10
(iii)
vehicle travel ......................................................................................................... 10
A.
personal vehicle ................................................................................................ 10
B.
city vehicle ........................................................................................................ 11
C.
rental cars .......................................................................................................... 11
(iv)
taxi, limousine, and other transportation fares ...................................................... 11
(c) Lodging ......................................................................................................................... 11
(d) Meals and incidentals .................................................................................................... 12
(e) Miscellaneous expenses ................................................................................................ 12
(f) Entertainment ................................................................................................................ 13
(g) Travel reconciliation ..................................................................................................... 13
ARTICLE V. BENEFITS ............................................................................................................ 14
Section 5.01 Eligibility ............................................................................................................ 14
Section 5.02 Employee Training.............................................................................................. 14
Section 5.03 Retirement Benefits ............................................................................................ 14
Section 5.04 Worker’s Compensation ..................................................................................... 14
Section 5.05 Insurance Benefits ............................................................................................... 15
Section 5.06 Consolidated Omnibus Budget Reconciliation Act (COBRA) ........................... 16
Section 5.07 Annual Leave ...................................................................................................... 16
Section 5.08 Sick Leave ........................................................................................................... 17
Section 5.09 Leave Without Pay .............................................................................................. 18
(a) Leave of absence ........................................................................................................... 18
(b) Family and medical leave of absence ........................................................................... 19
(i)
purpose .................................................................................................................. 19
(ii)
guidelines .............................................................................................................. 19
(iii)
right to return to work ........................................................................................... 20
(iv)
notification and scheduling ................................................................................... 20
(v)
certification ........................................................................................................... 21
(vi)
maintenance of health and COBRA benefits during unpaid leave ....................... 21
(vii) reduced and intermittent leave .............................................................................. 22
(viii) restoration ............................................................................................................. 22
(ix)
restoration may be denied if .................................................................................. 22
(x)
the 12-month FMLA period .................................................................................. 22
(xi)
denial of FMLA leave ........................................................................................... 23
Section 5.10 Jury and Witness Leave ...................................................................................... 23
Section 5.11 Bereavement Leave ............................................................................................. 23
Section 5.12 Military Leave ..................................................................................................... 23
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(a) State military leave ....................................................................................................... 23
(b) Uniformed Services Employment and Re-employment Rights Act (USERRA) leave 24
Section 5.13 Holidays .............................................................................................................. 25
(a) Paid holidays ................................................................................................................. 25
(b) Observances .................................................................................................................. 25
(c) Working on a holiday.................................................................................................... 25
ARTICLE VI. EMPLOYEE RESPONSIBILITIES AND CONDUCT ...................................... 26
Section 6.01 General Policy..................................................................................................... 26
Section 6.02 Outside Employment and Conflicts of Interest ................................................... 26
Section 6.03 Use of Municipal Time and Facilities ................................................................. 26
Section 6.04 Use of Position .................................................................................................... 26
Section 6.05 Political Activities............................................................................................... 26
Section 6.06 No Smoking Policy ............................................................................................. 27
Section 6.07 Bulletin Boards ................................................................................................... 27
Section 6.08 Contact with News Media ................................................................................... 27
Section 6.09 Seat Belt Policy ................................................................................................... 27
Section 6.10 Driver’s License Requirements........................................................................... 27
Section 6.11 Safety .................................................................................................................. 27
Section 6.12 Drug Free Workplace Policy .............................................................................. 27
(a) Policy ............................................................................................................................ 27
(i)
illegal drugs ........................................................................................................... 28
(ii)
reporting to work under the influence of illegal drugs ......................................... 28
(iii)
reporting to work under the influence of alcohol.................................................. 28
(iv)
illegal prescription drug use .................................................................................. 28
(v)
penalty ................................................................................................................... 28
(b) General procedures ....................................................................................................... 29
(c) Opportunity to contest or explain test results ............................................................... 29
(d) Confidentiality .............................................................................................................. 29
(e) Job applicant drug test .................................................................................................. 29
(f) Employee drug testing .................................................................................................. 29
(i)
reasonable suspicion ............................................................................................. 30
(ii)
on the job injuries.................................................................................................. 30
(iii)
follow up program................................................................................................. 30
(iv)
fitness for duty ...................................................................................................... 30
(g) Alcohol testing .............................................................................................................. 30
(h) Refusal to submit .......................................................................................................... 31
(i) Important information for job applicants and employees ............................................. 31
(j) Urinalysis screen ........................................................................................................... 31
Section 6.13 Sexual Harassment .............................................................................................. 32
(a) Purpose.......................................................................................................................... 32
(b) Definitions..................................................................................................................... 32
(c) Making sexual harassment complaints ......................................................................... 32
(d) Reporting and investigating sexual harassment complaints ......................................... 33
(e) Action on complaints of sexual harassment.................................................................. 34
(f) Obligation of employees ............................................................................................... 34
Section 6.14 Complaint Procedures ......................................................................................... 35
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(a) Step one......................................................................................................................... 35
(b) Step two ........................................................................................................................ 35
(c) Step three ...................................................................................................................... 36
ARTICLE VII. DISCIPLINE AND TERMINATIONS .............................................................. 37
Section 7.01 Types of Separations ........................................................................................... 37
(a) Resignation ................................................................................................................... 37
(b) Layoff ............................................................................................................................ 37
(c) Disability ....................................................................................................................... 37
(d) Retirement ..................................................................................................................... 37
(e) Death ............................................................................................................................. 38
(f) Dismissal ....................................................................................................................... 38
Section 7.02 Disciplinary Action ............................................................................................. 38
(a) Oral reprimand .............................................................................................................. 38
(b) Written reprimand ......................................................................................................... 38
(c) Suspension .................................................................................................................... 39
Section 7.03 Severability and Amendments. ............................................................................ 39
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ARTICLE I. GENERAL
Section 1.01 General Purpose/Scope
The purpose of this policy is to establish a system of personnel administration in the City of
Caryville that is based on merit and fitness. The system shall provide means to select, develop,
and maintain an effective municipal work force through impartially applying personnel policies
and procedures free of personal and political considerations and regardless of race, color, gender,
age, creed, national origin, religion, or disability. The City of Caryville reserves the right to
amend, delete, supplement, or rescind any of the provisions of this manual, as the City deems
necessary and appropriate, without advance notice. Nothing in the personnel rules and
regulations document shall be deemed to give employees any more property rights in their jobs
than may already be given by the city charter.
Section 1.02 Nature of the Employment Relationship
Employees of the City of Caryville are employees at the will and pleasure of the city and have no
rights to continued employment with the city. Employees may be dismissed for cause, for no
cause, for any cause as long as it does not violate federal and state law.
Section 1.03 Non-Harassment Policy
The city is committed to an environment which permits an employee to develop and pursue
opportunity free from harassment on the basis of national origin, race, color, gender, age,
religion, or disability. Any employee who feels that he or she is the subject of harassment, or
who witnesses harassment, must notify his or her supervisor or other designated representative of
the city designated to take complaints of harassment as with sexual harassment. This is
important if the supervisor is the person harassing the employee. All such complaints shall be
investigated.
Section 1.04 Definitions of Classes of Employees
(a)
Regular full-time employee
An employee who has completed the trial period and who regularly works a minimum of
40 hours a week on a continuing basis. Full time employees receive full benefits unless
specifically excluded elsewhere in this policy.
(b)
Regular part-time employee
An employee who typically does not work on a daily basis and whose hours do not
exceed 20 hours per week unless approved by the department head. Regular part-time
employees are excluded from all benefits afforded full-time employees.
(c)
Temporary employee
Temporary employees are defined as those employees who hold jobs of limited duration
arising out of special projects, abnormal work loads or emergencies. Temporary
employees are not eligible for city benefits.
(d)
Volunteer fire fighter
Volunteer fire fighters are appointed by the fire chief as necessary. Volunteer fire
fighters are compensated in accordance with an amount set in the annual budget with no
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other benefits except coverage under the volunteer fire fighter insurance coverage policy.
In order to receive compensation, volunteer fire fighters must meet attendance
requirements set forth in the bylaws of the volunteer fire department.
Section 1.05 Employee Personnel Records
Pursuant to Tennessee Code Annotated 10-7-503, and 10-7-504, a majority of employees’
personnel files are open records. The main exceptions include medical records, unpublished
telephone numbers, bank account information, social security numbers and driver’s license
numbers of those not required to drive as part of their job. In addition, these same five
exceptions also apply to members of employees’ immediate family and members of employees’
households. Specific exemptions and rules apply to police officers, particularly undercover
officers. Employees are responsible for keeping personal information accurate and up to date by
notifying their department head.
Section 1.06 References
The City of Caryville does not give references, other than to confirm the dates of employment
and last salary, without the express written consent of the employee. Upon leaving employment
with the city, employees will be given an opportunity to authorize the city to give additional
reference information.
Only the mayor or city recorder will provide employment references on current or former city
employees.
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ARTICLE II. RECRUITING AND HIRING
Section 2.01 Recruiting
(a)
Procedures
When a vacancy occurs in any department, the position will be filled by promotion from
a lower position within the organization if a qualified employee is available. When
qualifications are considered equal, then the length of continuous service in the
organization will be the determining factor for selection. Also, no applications are
accepted except during times of posted vacancies.
(b)
Applications
Each applicant for regular full-time employment shall complete and sign an application
form prior to being considered as a finalist for any position. Resumes may supplement,
but not replace, the City of Caryville's official application form. Applicants chosen for
consideration as finalists on the basis of their resume or other information shall complete
a standard application form prior to being considered as a finalist for any position.
Applications will be kept for a period of five years pursuant to 29 U.S.C. § 1658 and
Jones v. R.R. Donnelley & Sons Co., 541 U.S.—(2004).
(c)
False information
Any applicant supplying false or misleading information is subject to immediate
termination, if hired.
Section 2.02 Hiring Procedures
The Board of Mayor and Aldermen shall authorize and establish such full-time positions as
deemed necessary to effectively provide the services and conduct the affairs of the city.
Pursuant to the city’s charter, section 6-3-106(b)(2)(A), the mayor (or his/her designated
department head) shall be the appointing authority to fill authorized positions based on abilities
that have been successfully demonstrated, relative levels of education, training, and experience
of available applicants and recommendations of the department director. The city recorder will
make and document all offers of employment on behalf of the mayor and the city.
When a position becomes vacant and prior to any posting or advertisement of the vacancy, the
department head shall review the position, its job description and the need for such a position.
The department head will prepare and submit a written request to fill the position to the mayor.
The position will be posted and/or advertised by the city recorder only after the mayor has
approved the request.
Residency within the City of Caryville shall not be a condition of initial appointment or
continued employment; provided, however, that an employee's selection of residence shall not
interfere with the daily performance of their duties and responsibilities.
Applicants for positions in which the applicant is expected to operate a motor vehicle must be at
least 18 years old and will be required to present a valid State driver's license with any necessary
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endorsements. Driving records of applicants will be checked. For positions requiring driving,
applicants with poor driving records, as determined by the city, may be disqualified for
employment with the City of Caryville.
The City of Caryville may administer pre-employment examinations to test the qualifications and
ability of applicants, as determined necessary by the city. The city may contract with any
competent agency or individual to prepare and/or administer examinations.
Applications will be reviewed by the department head and one councilmember. Similarly, if
interviews are performed, the department head and one councilmember will be present and
conduct the interview. The department head and councilmember will make a recommendation to
the Mayor or designated representative as to whom to hire, pursuant to the city’s charter.
After an offer of employment has been made and prior to commencement of employment, the
city will require the person selected for employment to submit to a post offer physical
examination, which may include testing for controlled substances. The purpose of the
examination is to determine if the individual is physically able to perform the essential functions
of the job with or without reasonable accommodations and to ensure their physical condition will
not endanger the health, safety or well-being of other employees or the public. The offer of
employment may be conditioned on the results of the examination. Additionally, a
psychological test shall be administered for police officers.
A candidate may be disqualified from consideration if:
 found physically unable to perform the duties of the position (and the individual's
condition cannot reasonably be accommodated in the workplace);
 the candidate refuses to submit to a medical examination; or
 if the exam reveals use of controlled substances.
Section 2.03 Probationary Period
Applicants appointed to positions with the city/town of Caryville are required to serve a 90
calendar day probationary period. During this period, the employee's work performance will be
subject to review regarding the competence of the employee to fill the position. An employee
may be terminated during this period for any reason without respect or reference to the
procedures set forth in this document, the charter, or other ordinances. If the probationary period
is satisfactory, the employee is recommended for a full-time appointment. The probationary
period may be extended by the mayor when written notification is given to the probationary
employee with reasons for the extension. Employees of the City of Caryville are employees at
the will and pleasure of the city and have no rights to continued employment with the city.
Employees may be dismissed for cause, for no cause, for any cause as long as it does not violate
federal and state law.
Section 2.04 Employment of Relatives (Nepotism)
No member of the immediate family (as defined for this section as mother, father, brother, sister,
spouse, son, daughter, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law,
daughter-in-law, stepmother, stepfather, stepbrother, stepsister, stepson, and stepdaughter) of an
existing employee or an elected official shall be hired by the city while that existing employee is
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employed by the city or the elected official holds elected city office. Related employees who are
in current pay status as of the date of final passage of this policy are allowed to continue in their
employment.
Section 2.05 Promotions and Transfers
The mayor may make transfers (a lateral move in the city that does not necessitate an increase or
decrease in pay) of employees or delegate this authority if he/she deems advisable. A transfer
may also be implemented as a reasonable accommodation when an employee is unable, due to a
disability, to continue to perform the essential functions of the job.
Pursuant to the city’s charter, section 6-3-106(b) (2) (A), the mayor has the authority to make
promotions (an increase in an employee’s pay and/or job responsibilities and/or rank) and
demotions (an decrease in an employee’s pay and/or job responsibilities and/or rank) of
employees or delegate this authority to a department head if he/she deems advisable. A
demotion may also be implemented as a reasonable accommodation when an employee, due to a
disability, becomes unable to perform the essential functions of the job.
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ARTICLE III. HOURS AND ATTENDANCE
Section 3.01 Working Hours
The Board of Mayor and Aldermen shall establish the hours of work per week for each position
in the service of the city. Employees unavoidably late or absent from work due to illness or
other cause must notify their supervisor within the time frame established by each department
(unless circumstances prevent the employee from making proper notification). Such employees
must explain, if possible, an anticipated time and date of return to work. Failure to notify one’s
supervisor of absences may result in disciplinary action.
Section 3.02 Hours of Work, Overtime and Compensatory Time
(a)
Compliance with FLSA
Employees required to work overtime shall be compensated in accordance with the Fair
Labor Standard Act (FLSA) at a rate of 1 ½ the employee’s regular pay rate for all hours
worked over 40 in a workweek. Compensatory time off may be granted in lieu of
overtime pay. Administration of the policy and accumulation of time shall also be in
accordance with the FLSA. Pursuant to FLSA, positions of the city that meet the
requirements of exempt status are: City Recorder, Police Chief, and Public Works
Director.
(b)
Actual hours worked
When computing overtime, holidays, sick leave, compensatory time and vacation time
are not counted as hours worked.
(c)
Accrual of compensatory time
If the compensatory time option is exercised, the employee is credited with one and onehalf times the hours worked as overtime. Maximum accruals of compensatory time shall
be limited to eighty (80) hours for regular full-time employees. After maximum accrual,
overtime compensation shall be paid.
(d)
Using compensatory time
Employees may use compensatory time within a reasonable time period after making a
request to their department head, unless doing so would unduly disrupt city operations.
Compensatory time should be used for short term absences from work during times
mutually agreed to by the employee and the department head. Accumulation of
compensatory time to be used as a substitute for extended vacation time off is not
normally permitted.
(e)
Compensatory time record keeping
Compensatory time shall be recorded on all time sheets and a record shall be maintained
by the city recorder.
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Section 3.03 Attendance
(a)
Requirements
Punctual and consistent attendance is a condition of employment. Each department head
is responsible for maintaining an accurate attendance record of their employees.
(b)
Inclement weather
Employees are expected to be at work even during inclement weather. Department heads
may allow employees to be late or leave early during severe weather conditions;
however, non-attendance due to inclement weather and not illness will be counted as
absence from work and will be charged to accrued vacation time.
(c)
Time clock
All non-exempt (per FLSA) employees are required to clock in at the start of work period
and clock out at end of work period. Employees shall not “punch in” until the time that
they are required to report for work. Time is calculated in 15 minute increments with 7
minute increments rounding down and 8 minutes or more rounding up.
Section 3.04 Meal Periods
Federal law does not require that employees be given paid breaks and meal periods. Meal
periods shall be scheduled by the employee's department head. The scheduling of meal periods
may vary depending on department workload.
Section 3.05 Payroll Records
The official payroll records are kept by the city recorder. Each department head shall turn in on
a regular basis a signed work record for each employee within their department, noting hours
worked, leave taken and overtime worked during the previous pay period, as requested by the
city recorder.
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ARTICLE IV. COMPENSATION
Section 4.01 Salaries and Wages
The Board of Mayor and Aldermen shall set (though the annual budget ordinance) all salaries
and wage rates paid by the city. Due consideration shall be given to duties performed,
responsibilities, technical knowledge and skills required to perform the work satisfactorily, the
labor market, and availability of people having the desired qualifications.
Section 4.02 Payday
(a)
Pay period
Employees shall be paid weekly, unless otherwise designated by the mayor and council.
When the payday is on a holiday, employees normally will be paid on the last working
day before the holiday. Employee’s checks will not be given to another person unless the
employee authorizes it in writing. Paychecks will not be distributed prior to 8:00 a.m. on
Thursdays.
(b)
Payroll deductions
(i)
federal income tax
Federal taxes are withheld from employees’ paychecks based on the number of
dependents claimed by the individual. Employees are required to keep on file
with the municipal government a copy of the W-4 form. In the event of changes
in the employee exemption status, a revised W-4 must be filed before payroll
deduction adjustments will be made.
(ii)
social security
Social Security payments and deductions will be made in accordance with the
Social Security Act. The designated person shall keep such records and make
such reports as may be required by applicable state and federal laws or
regulations.
(iii)
others
Other deductions (health insurance, retirement, life insurance, deferred
compensation payments, and savings accounts, etc.) may be made from an
employee’s pay only with a signed consent from the employee.
(iv)
garnishments
Federal and state laws require the city to make deductions from employees’
earnings to pay creditors who bring garnishment proceedings against them.
(c)
Final pay checks
When an employee's employment with the city is terminated, the employee will receive
the following compensation:
 Regular wages for all hours worked up to the time of termination which have not
already been paid.
 Any overtime or holiday pay due.
 A lump sum payment of any accrued but unused vacation and compensatory time.
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
Whenever possible, a final paycheck will be issued to a dismissed employee at the
time of dismissal. The city is required by law to issue such paychecks by the end
of the first day that the payroll office is open following dismissal.
Section 4.03 Travel Expense Reimbursement
To ensure reimbursement for official travel, an approved travel authorization form is required.
Lack of pre-approval does not prohibit reimbursement, but it does assure reimbursement within
the limits of the city travel policy. All costs associated with the travel should be reasonably
estimated and shown on the travel authorization form. An approved authorization form is needed
before advanced expenses are paid or travel advances are authorized. A copy of the conference
program, if applicable, should be attached to the form. If the program is not available prior to the
travel, submit it with the reimbursement form.
(a)
Travel Documentation
It is the responsibility of the authorized traveler to:
 prepare and accurately describe the travel,
 certify the accuracy of the reimbursement request,
 note on the reimbursement form all direct payments and travel advances made by
the city, and
 file the reimbursement form with the necessary supporting documents and
original receipts.
The reimbursement form should be filed with the finance department within 10 days of
return or at the end of the month, whichever is more practical.
(b)
Transportation
All potential costs should be considered when selecting the modes of transportation. For
example, airline travel may be cheaper than automobile when time away from work and
increased meal and lodging costs are considered. When time is important, or when the
trip is so long that other modes of transportation are not cost beneficial, air travel is
encouraged.
If the traveler goes outside the state by means other than air, the reimbursement will be
limited to air fare at tourist or economy class, ordinary expenses during the meeting
dates, and one day's meals and motel before and after the meeting. The traveler will be
required to take annual leave for any additional time taken beyond the day before and the
day after the meeting dates.
Exceptions: When the traveler extends the trip with personal time to take advantage of
discount fares, the reimbursement will be limited to the lesser of the actual expenses
incurred or the amount that would have been incurred for the business portion only. The
calculations for the business portion of the trip must be made using the least expensive
rates available.
All expenses and savings associated with extending the trip must be submitted with the
expense reimbursement form.
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(i)
air travel
When possible, the traveler should make full use of discounts for advance airline
reservations and advance registration. The traveler should request conference,
government, or weekend rates, whichever is cheaper, when making lodging or
rental car reservations. The city will pay for tourist or economy class air travel.
The traveler should get the cheapest reasonable fare and take advantage of
discount fares. Airline travel can be paid by direct billing to the city.
Mileage credits for frequent flyer programs accrue to the individual traveler.
However, the city will not reimburse for additional expenses—such as circuitous
routing, extended stays, layovers to schedule a particular carrier, upgrading from
economy to first class—for travelers to accumulate additional mileage or for other
personal reasons.
The city will not reimburse travel by private aircraft unless authorized in advance
by the Mayor.
(ii)
rail or bus travel
The city will pay for actual cost of ticket.
(iii)
vehicle travel
Automobile transportation may be used when a common carrier cannot be
scheduled, when it is more economical, when a common carrier is not practical, or
when expenses can be reduced by two or more city employees traveling together.
A.
personal vehicle
Employees should use city vehicles when possible. Use of a private
vehicle must be approved in advance by the mayor. The city will pay a
mileage rate not to exceed the rate allowed by the federal or IRS schedule,
whichever the city adopts. The miles for reimbursement shall be paid from
origin to destination and back by the most direct route. Necessary vicinity
travel related to official city business will be reimbursed. However,
mileage in excess of the Map Quest mileage must be documented as
necessary and business-related. If an indirect route is taken, the Map Quest
mileage table will be used to determine the mileage to be reimbursed.
If a privately owned automobile is used by two or more travelers on the
same trip, only the traveler who owns or has custody of the automobile
will be reimbursed for mileage. It is the responsibility of the traveler to
provide adequate insurance to hold harmless the city for any liability from
the use of the private vehicle.
In no event will mileage reimbursement, plus vicinity travel and
associated automobile costs, exceed the lowest reasonable available air
fare and associated air fare travel costs.
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Travelers will not be reimbursed for automotive repair or breakdowns
when using their personal vehicle.
B.
city vehicle
The city may require the employee to drive a city vehicle. If a city vehicle
is provided, the traveler is responsible for seeing that the vehicle is used
properly and only for acceptable business. The employee will be
reimbursed for expenses directly related to the actual and normal use of
the city vehicle when proper documentation is provided. Out-of-town
repair cost to the city vehicle in excess of $100 must be cleared with the
proper city official before the repair is authorized.
C.
rental cars
Use of a rental car is not permitted unless it's less expensive or otherwise
more practical than public transportation. Approval of car rental is
generally required in advance by the mayor. Always request the
government or weekend rate, whichever is cheaper. Anyone who uses a
rental car for out-of-state travel must obtain liability coverage from the
vendor.
Fines for traffic or parking violations will not be reimbursed by the city.
Reasonable tolls will be allowed when the most direct travel route requires them.
(iv)
taxi, limousine, and other transportation fares
When an individual travels by common carrier, reasonable fares will be allowed
for necessary ground transportation. Bus or limousine service to and from airports
should be used when available and practical. The city will reimburse mileage for
travel to and from the local airport and parking fees, provided such costs do not
exceed normal taxi/limousine fares to and from the airport. Receipts are required.
For travel between lodging quarters and meetings, conferences, or meals,
reasonable taxi fares will be allowed. Remember, original receipts are required for
claims of $5 or more. Transportation to and from shopping, entertainment, or
other personal trips is the choice of the traveler and not reimbursable.
Reimbursement claims for taxis, limousines, or other ground transportation must
be listed separately on the expense form, claiming the destination and amount of
each fare.
(c)
Lodging
The amount allocated for lodging shall not ordinarily exceed the maximum per diem rates
authorized by the federal schedule.
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The city reimburses using the federal rates and the Government Services Administration
provides guidelines for determining the maximum that can be reimbursed for lodging. A
copy can be obtained from the city recorder. These amounts are available on line at
http://policyworks.gov/org/main/mt/homepage/mtt/perdiem/perd05d.html. The rates are
the maximum reimbursable rates for hotel rooms plus appropriate taxes.
Original lodging receipts must be submitted with the reimbursement form. Photocopies
are not acceptable.
If a traveler exceeds the maximum lodging per diem, excess costs are the responsibility
of the traveler.
If the best rate is secured, and it still exceeds the maximum lodging per diem, the mayor
may authorize a higher reimbursement amount.
Even if it costs more, travelers may be allowed to stay at the officially designated hotel of
the meeting; however, more moderately priced accommodations must be requested
whenever possible. It will be the traveler's responsibility to provide documentation of the
"officially designated meeting site" room rates, if these rates are higher than the normal
reimbursable amounts.
If two or more city employees travel together and share a room, the lodging
reimbursement rate will be the maximum of two single rooms. If an employee shares a
room with a non-employee, the actual cost will be allowed up to the maximum
reimbursable amount. The receipt for the entire amount must be submitted with the
expense form.
(d)
Meals and incidentals
The municipality has selected to reimburse travelers at the federal travel regulation rates
as found at http://ion-share3.gsa.gov/FTRD.nsf/Introduction. The city's rates will
automatically change when the selected agency rates are adjusted. Prepaid conference
and seminar costs that include registration and other expenses must be paid to the sponsor
of the event instead of directly to the employee.
(e)
Miscellaneous expenses
Registration fees for approved conferences, conventions, seminars, meetings, and other
educational programs will be allowed and will generally include the cost of official
banquets, meals, lodging, and registration fees. Registration fees should be specified on
the original travel request form and can include a request for pre-registration fee
payment. The city recorder should pay such fees directly to the provider or conference
sponsor.
The traveler may be reimbursed for personal phone calls while on official travel, but the
amount will be limited to $5 per day. The traveler may be reimbursed for internet access
connections used while on official travel, but the amount will be limited to $10 per day.
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Up to $5 may be reimbursed for hotel/motel check-in and baggage handling expenses. A
receipt is not necessary.
Laundry, valet service, tips, and gratuities are considered personal expenses and are not
reimbursable.
For travel outside the United States, all expenses claimed must be converted to U.S.
dollars. The conversion rate and computation should be shown on each receipt.
(f)
Entertainment
The city may pay for certain entertainment expenses provided that the
 Entertainment is appropriate in the conduct of city business;
 Entertainment is approved by the mayor;
 Group or individuals involved are identified; and
 Documentation is attached to the expense form to support the entertainment
expense claims.
To request reimbursement for authorized entertainment expenses, be sure to include with
the expense reimbursement form:
 Required receipts. All requests must be supported by original receipts from the
vendor (restaurant, caterer, ticket office, etc.) Reasonable tips and gratuities
included on the receipt by the vendor are reimbursable.
 A disclosure and explanation statement explaining the purpose of the
entertainment and identifying the group and the number of people entertained (or
individual names listed if not a recognized group).
If the mayor is the person filing the claim, then it must be approved by the city council
before the city recorder authorizes payment.
(g)
Travel reconciliation
Within 10 days of return from travel, or by the end of the month, the traveler is expected
to complete and file the expense reimbursement form. It must be certified by the traveler
that the amount due is true and accurate. Original lodging, travel, taxi, parking, and other
receipts must be attached.
If the city provided a travel advance or made advanced payment, the traveler should
include that information on the expense form. In the case of advances, the form should
have a reconciliation summary, reflecting total claimed expenses with advances and city
pre-payments indicated. The balance due the traveler or the refund due the city should be
clearly shown below the total claim on the form or in a cover memo attached to the front
of the form.
If the traveler received a travel advance and spent less than the advance, the traveler
should attach a check made payable to the city for that difference.
The mayor will address special circumstances and issues not covered in this policy on a
case-by-case basis.
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ARTICLE V. BENEFITS
Section 5.01 Eligibility
All regular full-time employees are eligible for all benefits provided by the city.
Section 5.02 Employee Training
The City of Caryville seeks, within the limits of available resources, to offer training to increase
an employee's skills, knowledge and abilities directly related to city employment, to obtain or
maintain required licenses and certifications, and to develop staff resources. Opportunities may
include, but are not limited to: on-the-job training, in-house workshops, and seminars sponsored
by other agencies or organizations.
Section 5.03 Retirement Benefits
The city currently provides retirement benefits for full time employees through the Tennessee
Consolidated Retirement System (TCRS). The city recorder can provide information about
enrollment and the TCRS retirement program.
Section 5.04 Worker’s Compensation
Employees shall report immediately any injury incurred in the course of their employment,
however minor, to their supervisor or department head and take such first aid or medical
treatment as may be necessary. Any employee determined to have been able, but who fails, to
make such a report shall not be eligible for occupational disability or injury leave.
When an employee is injured on the job, the supervisor or department head shall immediately
notify the city recorder, who shall submit an accident report to the mayor and retain a copy in the
safety file. Where an accident causes serious bodily injury or death to an employee, the
supervisor shall immediately notify the city recorder who shall notify the mayor.
All injuries arising out of and in the course of one's employment shall be governed by the
Tennessee Workers’ Compensation Law.
Any monies received as a benefit under workers’ compensation must be deposited by the
employee in original check or draft form with the city recorder. The total amount of monies paid
the employee each pay period shall not exceed the full pay the employee would have received for
the period at his/her regular straight-time or normal work period pay rate in effect as of the date
of the injury.
The employee may remain on disability leave for another ninety (90) calendar days after the
thirty (30) calendar day period has lapsed for a total of one hundred twenty (120) days after the
date of injury, if necessary for medical reasons. However, after the thirty (30) day period has
lapsed, the employee will receive only the indemnity rate from workers’ compensation. The
total amount of monies paid the employee each pay period, however, shall not exceed the full
pay the employee would have received for the period at his/her regular straight time or normal
work period pay rate in effect as of the date of the injury.
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Employees on occupational disability leave due to an on-the-job injury will not be charged sick
leave during the period of convalescence. They will not be charged vacation leave either unless
they have chosen to supplement the workers’ compensation benefits with vacation leave.
Employees shall continue to accrue sick leave and vacation leave at their regular rate while on
occupational disability or injury leave. Absences due to occupational disabilities automatically
trigger family and medical leave as described in section 5.09 (b) of this policy.
In all cases of occupational disability, the responsibility of determining the character, degree and
potential duration of an injury shall rest with one of the panel of three licensed, practicing
medical doctors designated by the Board of Mayor and Aldermen. The medical doctor(s) may
make periodic examinations, progress reports and recommendations as deemed necessary by the
mayor.
In the case where occupational disability to an employee occurs and the employee has been
reported as occupationally disabled for a period of thirty (30) calendar days, the department head
shall review the progress of the case with, and make recommendations to the mayor. They will
determine if the best interests of both the city and employee would be served by returning the
employee to light duty for a specified period of time.
Before an employee is returned to full duty, the employee must be certified by the attending
physician as capable of performing the essential functions of the job. The physician will be
furnished a copy of the job description, a list of the essential job functions as determined by the
department head and a form listing the required capabilities. The attending physician must
complete the form provided by the city recorder documenting the employee's ability to perform
the essential job functions. The city reserves the right to obtain a second medical opinion from
the physician of its choosing before a final decision is made and a return to light or full duty.
If an employee is unable to return to the position held at the time of the injury, the mayor shall
take reasonable steps to place the individual in a comparable position, if one is available, for
which he/she is qualified and able to perform the essential functions, with or without a
reasonable accommodations.
Should an employee be unable to return to full duty within one hundred twenty (120) days after
the date of injury, or within one hundred sixty five (165) days if the mayor has approved the
extended time, and no comparable position for which the employee is qualified is available, the
employee may be subject to separation only if:
 he/she cannot perform the essential functions of the job due to a disability that cannot be
reasonably accommodated; or
 the employee poses a direct threat to himself/herself or others.
Section 5.05 Insurance Benefits
Currently the city provides health insurance for all full-time employees and their dependents.
Each employee is provided a medical insurance booklet upon enrollment that explains insurance
benefits and costs. Employees may request information about their health insurance benefits
from the city recorder.
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For full-time employees hired prior to July 1, 2006, the city pays 100% of the health insurance
premium for employees and their families. For all full-time employees hired after that date, the
city pays 80% of their health insurance premium. The other 20% is deducted from employees’
checks.
Employees not covered under the city’s health care plan must show proof of insurance if covered
under another plan.
When any employee is eligible for Medicare, s/he is required to apply. Upon successful
enrollment of Medicare, city health insurance is thereby discontinued
Section 5.06 Consolidated Omnibus Budget Reconciliation Act (COBRA)
The city offers employees and their families the opportunity to temporarily extend their health
insurance coverage in certain insurances in which coverage under the group health plan would
normally end. Former employees may not be required to pay more than the group rate for this
coverage, plus 2 percent. (That is, 102 percent of what it costs the city for the same coverage.)
Employees covered under certain plans have a right to continue coverage if they lose it through
reduction in hours or employment termination for reasons other than gross misconduct.
A spouse of a covered employee also has a right to continue coverage if coverage would be lost
because the employee dies, employment is terminated, the employee and spouse become
divorced or legally separated, or the employee becomes eligible for Medicare benefits.
Dependent children may also continue coverage if the employee dies, employment is terminated,
the parents become divorced or legally separated, the employee becomes eligible for Medicare,
or the child ceases to be a “dependent child” under the terms of the plan.
If termination or reduction in hours is the “qualifying event” that triggers lost coverage,
continuation coverage can be in effect for 18 months. All other qualifying events will trigger
continuation coverage that lasts 36 months. Coverage will end before 18 and 36 months,
however, if certain other events take place (i.e., if the employee becomes eligible for coverage
under another group health plan).
Employees and family members have the responsibility to inform the plan administrator about
any change in status. Failure to do so may terminate rights to elect continued coverage. Those
eligible for continuation coverage have 60 days from the date they would normally lose coverage
to elect to continue under the plan.
Section 5.07 Annual Leave
The city provides paid annual leave for all employees who have completed 90 days of service.
Annual leave is paid at the employee's normal rate of pay.
Annual leave may be used for any purpose. It may be taken in one hour increments up to a total
of 24 hours. Thereafter, annual leave must be taken in eight hour increments. Requests for
foreseeable leave should be submitted for approval to the employee’s supervisor at least two
16
weeks in advance of the scheduled leave. Whenever possible, leave must be approved in
advance to ensure that the timing is mutually convenient for the employee, other employees, and
the city. Consequently, it is advisable to make requests well in advance for popular periods (i.e.
school vacations).
In the event that two (or more) employees request leave for the same time or period, and all
requests cannot be accommodated, the immediate supervisor will make a determination, taking
into account seniority, individual circumstances and the time of application.
In the event of unforeseeable leave, as with any absence, an employee must call his/her
immediate supervisor if he/she is unable to report to work.
Employees shall be entitled to annual leave days per month in accordance with the number of
years worked as follows:
1 through 5
6 through 10
11 years or more
Hours Earned
Per Month
6.67
10.00
13.33
Hours Earned
Per Year
80
120
160
Annual leave accruals may not exceed the following maximum limits
1 through 5 years
120
6 through 10 years
180
11 years or more
240
If an employee is at maximum accrual level, time that would otherwise accrue will become sick
leave.
Annual leave may be used for sick leave if the employee has depleted all of the employee’s
accumulated sick leave. The employee must notify the city recorder of intent to use accrued
annual leave as sick leave.
Annual leave shall not be counted as time worked for the purpose of computing overtime during
a work period.
All eligible employees who leave the City’s employment will be entitled to receive pay for their
unused accumulated annual leave as of the date of the employee’s resignation, retirement, or
termination.
Section 5.08 Sick Leave
For each calendar month of full time and continuous employment by the city, each full-time
employee shall be entitled to full pay for one (1) day of sick leave, not to exceed eight hours.
This sick leave shall be cumulative for an indefinite period of time. Employees must notify their
immediate supervisor prior to exercising their sick leave. Sick leave may be used in one hour
increments.
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A doctor's certificate may be required when an employee is absent for a period in excess of three
(3) days. The City of Caryville may also request the opinion of a second doctor at the city's
expense.
Employees accrue and may use sick leave during their probationary periods. Temporary and
part-time employees do not earn sick leave benefits. Employees do not accrue sick leave
benefits during a leave without pay. If employees are on leave without pay for a partial month,
their sick leave accrual will be prorated to the time they did work during the month.
Sick leave covers those situations in which an employee is absent from work due to:
 Physical injury or illness to the employee resulting from causes beyond the employee’s
control;
 The need to care for the employee's dependent children under the age of 18 who are ill.
 Medical or dental appointments for the employee or dependent child, provided that the
employee must make a reasonable effort to schedule such appointments at times which
have the least interference with the work day;
 Exposure to a contagious disease where on-the-job presence of the employee would
jeopardize the health of others;
 Reasons covered under the Family Medical Leave Act; and
 Use of a prescription drug which impairs job performance or safety;
After an employee has exhausted his/her accumulated sick leave, vacation leave and/or
compensatory time, the mayor, at his or her discretion may grant a leave of absence without pay.;
or the employee may be disciplined is he/she is unable to perform, his/her job or another job with
or without reasonable accommodation Should the employee be able later to return to work, upon
presentation of certification by a doctor, he/she shall be given preference for a position for which
he/she is qualified.
Where payment is due an employee under the workmen’s compensation law, the amount
received from workmen’s compensation shall be deducted from the allowances provided for
above.
Employees may not borrow against future sick leave or transfer sick leave to another employee.
Section 5.09 Leave Without Pay
(a)
Leave of absence
Special leave without pay may be granted for a period not to exceed 30 calendar days
within a 12-month period for temporary sickness, maternity, disability, or for other good
and sufficient reasons that are considered controllable. Such leave shall require the prior
approval of the mayor. An employee on special leave without pay shall not accrue sick
leave or vacation credit while on leave status.
This provision shall not be construed to eliminate other possible needs for special leave.
However, this leave will not be chargeable to either sick leave or vacation leave. Every
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application for special leave must be accompanied by a complete explanation of the
reason for absence.
Requests for a leave of absence must be submitted in writing to the mayor. A granted
leave will be without compensation and benefits. Employees on a leave without pay may
be required to make contributions for health insurance benefits. Employees on leave
without pay will not lose any employment benefits or seniority accrued before the date on
which leave commenced.
If an employee does not report to work at the end of the personal leave of absence, he or
she will be assumed to have voluntarily resigned.
(b)
Family and medical leave of absence
(i)
purpose
To provide a family and medical leave policy in compliance with Public Law 103
3, titled Family and Medical Leave Act (FMLA) of 1993.
(ii)
guidelines
An eligible employee may take up to 12 weeks of unpaid leave in a 12-month
period for the birth and care of a child or the placement and care of a child for
adoption or foster care. Leave may also be taken to care for the employee, a child,
spouse, or a parent who has a serious health condition. The right to take leave
applies equally to male and female employees who are eligible.
Unpaid leave to care for a newborn child or a newly placed adopted or foster care
child must be taken before the end of the first 12 months following the date of
birth or placement.
An expectant mother may take unpaid medical leave upon the birth of the child,
or prior to the birth of the child, for necessary medical care and if her condition
renders her unable to work. Similarly, for adoption or foster care, leave may be
taken upon the placement of the child or leave may begin prior to the placement if
absence from work is required for the placement to proceed.
An employee may take unpaid leave to care for a parent or spouse of any age
who, because of a serious mental or physical condition, is in the hospital or other
health care facility. An employee may also take leave to care for a spouse or
parent of any age who is unable to care for his/her own basic hygiene, nutritional
needs, or safety. Examples include a parent or spouse whose daily living activities
are impaired by such conditions as Alzheimer's disease, stroke, recovering from
major surgery, or the final stages of terminal illness.
Eligible employees who are unable to perform the functions of their position
because of a serious health condition may request up to 12 weeks unpaid leave.
The term "serious health condition" covers conditions or illnesses that affect an
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employee's health to the extent that he/she must be absent from work on a
recurring basis or for more than a few days for treatment or recovery.
Employees requesting family medical leave must use any balance of sick leave
and annual leave prior to the beginning of unpaid leave. The combination of sick
leave, annual leave, and unpaid leave may not exceed 12 weeks. Employees
requesting family leave may use unpaid leave after all leave accruals have been
exhausted. The combination of annual leave and unpaid leave may not exceed 12
weeks.
During periods of unpaid leave, an employee will not accrue any additional
seniority or similar employment benefits during the leave period. If an employee
is on unpaid leave for a partial month, his/her sick and annual leave accruals will
be prorated to the time they did work during the month.
If spouses are employed by the same employer and wish to take leave for the care
of a new child or a sick parent, their aggregate leave is limited to 12 weeks. For
example, if the father takes eight weeks of leave to care for a child, the mother
would be entitled to four weeks leave, for a total of 12 weeks.
(iii)
right to return to work
On return from FMLA leave, an employee is entitled to be returned to the same
position the employee held when leave commence, or to an equivalent position
with equivalent benefits, pay, and other terms and conditions of employment. An
employee is entitled to such reinstatement even if the employee has been replaced
or his/her position has been restructured to accommodate the employee's absence.
If the employee is unable to perform the essential functions of the position
because of a physical or mental condition, including the continuation of a serious
health condition, the employee has no right to restoration to another position
under the FMLA. However, the employer's obligations may be governed by the
American with Disabilities Act.
(iv)
notification and scheduling
An eligible employee must provide the employer at least 30 days of advance
notice of the need for leave for birth, adoption, or planned medical treatment,
when the need for leave is foreseeable. This 30-day advance notice is not required
in cases of medical emergency or other unforeseen events, such as premature birth
or sudden changes in a patient's condition that require a change in scheduled
medical treatment.
People who are awaiting the adoption of a child and are given little notice of the
availability of the child may also be exempt from this 30-day notice.
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It is the city's responsibility to designate leave in writing as FMLA leave and to
notify the employee. Employees may not retroactively claim that paid leave was
for FMLA.
The employer will provide the FMLA leave notice in alternate formats.
(v)
certification
The employer reserves the right to verify an employee's request for
family/medical leave. If an employee requests leave because of a serious health
condition or to care for a family member with a serious health condition, the
employer requires that the request be supported by certification issued by the
health care provider of the eligible employee or the family member as
appropriate. If the employer has reason to question the original certification, the
employer may, at the employer's expense, require a second opinion from a
different health care provider chosen by the employer. That health care provider
may not be employed by the employer on a regular basis. If a resolution of the
conflict cannot be obtained by a second opinion, a third opinion may be obtained
from another provider and that opinion will be final and binding.
This certification must contain the date on which the serious health condition
began, its probable duration, and appropriate medical facts within the knowledge
of the health care provider regarding the condition. The certification must also
state the employee's need to care for the son, daughter, spouse, or parent and must
include an estimate of the amount of time that the employee is needed to care for
the family member.
Medical certifications given will be treated as confidential and privileged
information. An employee will be required to report periodically to the employer
the status and the intention of the employee to return to work.
Employees who have taken unpaid leave under this policy must furnish the
employer with a medical certification from the employee's health care provider at
the employee’s expense, stating that the employee is able to resume work before
return is granted.
(vi)
maintenance of health and COBRA benefits during unpaid leave
The employer will maintain health insurance benefits, paid by the employer for
the employee, during periods of unpaid leave without interruption. Any payment
for family coverage/ premiums or other payroll deductible insurance policies must
be paid by the employee or the benefits may not be continued.
The employer has the right to recover from the employee all health insurance
premiums paid during the unpaid leave period if the employee fails to return to
work after leave. Employees who fail to return to work because they are unable to
perform the functions of their job because of their own serious health condition or
because of the continued necessity of caring for a seriously ill family member
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may be exempt from the recapture provision. Leave taken under this policy does
not constitute a qualifying event that entitles an employee to Consolidated
Omnibus Budget Reconstruction Act (COBRA) insurance coverage. However, the
qualifying event triggering COBRA coverage may occur when it becomes clearly
known that an employee will not return to work, and therefore ceases to be
entitled to leave under this policy.
(vii)
reduced and intermittent leave
Leave under this policy can be taken intermittently or on a reduced leave schedule
when medically necessary as certified by the health care provider. Intermittent or
reduced leave schedules for routine care of a new child can be taken only with
approval of the mayor. The schedule must be mutually agreed upon by the
employee and the employer.
Employees on intermittent or reduced leave schedules may be temporarily
transferred by the employer to an equivalent alternate position that may better
accommodate the intermittent or reduced leave schedule.
Intermittent or reduced leave may be spread over a period of time longer than 12
weeks, but will not exceed the equivalent of 12 workweeks in a 12-month period.
(viii)
restoration
Employees who are granted leave under this policy will be reinstated to an
equivalent or the same position held prior to the commencement of their leave.
Certain highly compensated key employees, who are salaried and among the 10
percent highest-paid employees, may be denied restoration.
(ix)
restoration may be denied if
 the employer shows that such denial is necessary to prevent substantial
and grievous economic injury to the employer's operations,
 the employer notifies the employee that it intends to deny restoration on
such basis at the time the employer determines that such injury would
occur, and
 in any case in which the leave has commenced, the employee elects not to
return to work within a reasonable period of time after receiving such
notice.
Employees voluntarily accepting a light duty assignment in lieu of continuing
FMLA leave maintain their right to restoration to the original or an equivalent job
until the twelve (12) weeks of FMLA leave has passed.
(x)
the 12-month FMLA period
The 12-month period during which an employee is entitled to 12 workweeks of
FMLA leave is measured forward from the date the employee's first FMLA leave
begins. An employee is entitled to 12 weeks of leave during the 12- month period
after the leave begins. The next 12-month period will begin the first time the
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employee requests FMLA leave after the completion of the previous 12-month
period.
(xi)
denial of FMLA leave
If an employee fails to give timely advance notice when the need for FMLA leave
is foreseeable, the employer may delay the taking of FMLA leave until 30 days
after the date the employee provides notice to the employer of the need for FMLA
leave.
If an employee fails to provide in a timely manner a requested medical
certification to substantiate the need for FMLA leave due to a serious health
condition, an employer may delay continuation of FMLA leave until an employee
submits the certificate. If the employee never produces the certification, the leave
is not FMLA leave.
If an employee fails to provide a requested fitness-for-duty certification to return
to work, an employer may delay restoration until the employee submits the
certificates.
Section 5.10 Jury and Witness Leave
Should an employee be called for jury duty or subpoenaed as a witness, a paid leave of absence
will be granted. The employee must notify their supervisor of their selection for jury duty or
being subpoenaed, and provide a copy of the selection notice or subpoena if so requested.
Employees are expected to make adequate arrangements for the continuation of their regular
assignments while serving on a jury or as a witness. Employees required to attend court due to
being charged with a crime are not eligible for this leave. In order to receive pay for jury duty,
an employee must submit proof of serving jury duty. Upon release from civil duty during the
employee’s normal working hours, he/she is expected to return to duty.
Section 5.11 Bereavement Leave
Full-time employees shall be allowed three working days of leave with pay for the death in an
employee’s immediate family. Immediate family is defined for this section as spouse, parents,
foster parents, children, sisters, brothers, in-laws, grandparents, and step relatives. Employees
wishing to attend services of non-relatives must use annual leave for this purpose.
Section 5.12 Military Leave
(a)
State military leave
All employees of the City who are, or may become, members of any reserve component
of the armed forces of the United States, including members of the Tennessee army and
air national guard, shall be entitled to military leave from their respective duties, without
loss of time, rate of pay, any previously accumulated and unused vacation leave and
compensatory leave, or any other rights or benefits to which otherwise entitled, for all
periods of military service during which they are engaged in the performance of duty or
training in the service of this state, or of the United States, under competent orders;
provided that the employee while on such leave shall be paid wages or salary and shall
accrue and receive employee benefits for a period, or periods, not exceeding fifteen (15)
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working days (except for shift personnel of the fire department, for whom the maximum
shall be seven (7) 24-hour shifts) in any one (1) calendar year, plus such additional days
as may result from any call to active state duty pursuant to Tennessee Code Annotated
section 58-1-106. The military leave herein provided shall be unaffected by date of
employment or length of service and shall have no effect on other leaves provided by
law, regulation, policy or practice.
Military leave shall be granted when the employee presents the official order to his or her
department head. Compensation for such leave will be paid pursuant to Tennessee Code
Annotated section 8-33-109. It will be the employee’s responsibility to arrange with the
department head to attend monthly reserve or guard meetings on regular off-time, with
pay applied to the annual two-week training period.
In the event any such duty or training exceeds fifteen (15) days (or, for shift personnel of
the fire department, seven (7) 24-hour shifts) in a calendar year, then the employee may
request in writing that such excess time be charged to the employee’s accrued and unused
vacation leave or compensatory leave, if any, but not to any accrued and unused sick
leave. After the use of all vacation leave and compensatory leave, the employee will be
on military leave without pay and considered inactive.
(b)
Uniformed Services Employment and Re-employment Rights Act (USERRA) leave
When an employee returns from active military duty after being on active duty for
between one (1) and thirty (30) days, the employee shall report back to work by the
beginning of the first regularly scheduled work day that would fall eight hours after the
end of the calendar day. The employee must apply for reinstatement within fourteen (14)
days after release from active military duty if the duty lasted for between 31 and 180
days. If the active military duty lasted for more than 180 days, the employee must apply
for reinstatement within ninety (90) days after release from active military duty. The
employee will be reinstated to a position in the current classification plan at least
equivalent to his or her former position. His or her wage or salary will be the wage or
salary provided under the position classification and pay plan prevailing at the time of
reinstatement or re-employment. If no position is available at the time of the employee’s
return, he or she will be reinstated into the first available position for which he or she is
qualified. No then-current full-time regular or probationary employee will be terminated
or laid off to allow for the reinstatement.
Employees ordered or enlisted to full-time military duty will be re-employed in
accordance with the provisions of current state and federal law, including USERRA.
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Section 5.13 Holidays
(a)
Paid holidays
The following paid holidays are recognized by the city:
New Years Day
Martin Luther King Day
Good Friday
Memorial Day
July 4th
Labor Day
Veteran’s Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Years Eve
Employee’s Birthday
January 1
Third Monday in January
Friday before Easter Sunday
Last Friday in May
July 4
First Monday in September
November 11
Fourth Thursday in November
Fourth Friday in November
December 24
December 25
December 31
(b)
Observances
Any holiday falling on Saturday will be celebrated on the preceding Friday. Any holiday
falling on Sunday will be celebrated on the following Monday, except for public works
employees who work at the discretion of the department head. To receive compensation
for the holiday, employees must be in a pay status on the workday before and on the
workday after the holiday unless otherwise excused by the mayor.
(c)
Working on a holiday
When an employee must work on a holiday, the employee will be paid at the rate of
double time of their regular pay rate for all scheduled and unscheduled time worked on
the day observed as the holiday, or may be granted an optional day off in lieu of the day
observed as the holiday.
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ARTICLE VI. EMPLOYEE RESPONSIBILITIES AND CONDUCT
Section 6.01 General Policy
The safety and welfare of the City of Caryville's citizens shall at all times be held as a central
mission of government. All city employees are expected to represent the city to the public in a
professional manner which is courteous, efficient and helpful. Employees must maintain a clean
and neat appearance appropriate to their work assignment, as determined by their position and
department head.
Since the proper working relationship between employees and the city depends on each
employee's on-going job performance, professional conduct and behavior, the city has
established certain minimum standards of personal conduct. Among the city's expectations are:
Basic tact and courtesy towards the public and fellow employees; adherence to city policies,
procedures, safety rules and safe work practices; compliance with directions from supervisors;
preserving and protecting the city's equipment, grounds, facilities and resources; and providing
orderly and cost efficient services to its citizens.
Section 6.02 Outside Employment and Conflicts of Interest
No full-time employee of the city shall accept any outside employment without written
authorization from the mayor. The mayor shall not grant such authorization if the work is likely
to interfere with the satisfactory performance of the employee’s duties, or is incompatible with
the employee’s municipal employment, or is likely to discredit or embarrass the municipal
government. Approval to work a second job may be withdrawn for any of the reasons above.
Section 6.03 Use of Municipal Time and Facilities
No employee of the City of Caryville shall use or authorize the use of municipal time, facilities,
equipment, or supplies for private gain or advantage to oneself or any other private person or
group.
Section 6.04 Use of Position
No municipal officer or employee shall make or attempt to make private purchases, for cash or
otherwise, in the name of the city, nor shall he otherwise use or attempt to use his position to
secure unwarranted privileges or exemptions for himself or others. (1968 Code, § 1-906)
Section 6.05 Political Activities
Municipal officers and employees shall enjoy the same rights of other citizens of Tennessee to be
a candidate for any state or local political office, the right to participate in political activities by
supporting or opposing political parties, political candidates, and petitions to governmental
entities; provided the city is not required to pay the employee’s salary for work not performed for
the city. Provided, however, municipal employees shall not be qualified to run for elected office
in the governing body. Employees wishing to run for local city office must vacate their current
city position before running for office. The restriction against running for office in the governing
body shall not apply to elective officials.
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Section 6.06 No Smoking Policy
For health and safety considerations, the city prohibits smoking by employees in all city
facilities, including city-owned buildings and offices or other facilities or vehicles rented or
leased by the city, including individual employee offices.
Section 6.07 Bulletin Boards
Information of special interest to all employees is posted regularly on the city bulletin boards.
Employees may not post any information on these bulletin boards without the authorization of
the mayor.
Section 6.08 Contact with News Media
The mayor or city recorder or the appropriate department head shall be responsible for all official
contacts with the news media during working hours, including answering of questions from the
media. The mayor or department head may designate specific employees to give out procedural,
factual or historical information on particular subjects.
Section 6.09 Seat Belt Policy
Anyone operating or riding in city vehicles must wear seat belts at all times.
Section 6.10 Driver’s License Requirements
As part of the requirements for certain specific city positions, an employee may be required to
hold a valid State Driver's license.
If an employee's license is revoked, suspended or lost, or is in any other way not current, valid
and in the employee's possession, the employee shall promptly notify the department head and
will be immediately suspended from driving duties. The employee may not resume driving until
proof of a valid, current license is provided to the department head.
Section 6.11 Safety
Every employee is responsible for maintaining a safe work environment and following the city's
safety rules. Each employee shall promptly report all unsafe or potentially hazardous conditions
to the department head. The City of Caryville will make every effort to remedy problems as
quickly as possible.
In case of an accident involving a personal injury, regardless of how serious, employees shall
immediately notify their department head or the city recorder.
Section 6.12 Drug Free Workplace Policy
(a)
Policy
The City of Caryville has established the following policy, pursuant to the Tennessee
Code Annotated section 50-9-100 et seq.:
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(i)
(ii)
(iii)
(iv)
(v)
illegal drugs
It is a violation of city policy for any employee to use, possess, sell, trade, offer
for sale, or offer to buy illegal drugs or otherwise engage in the illegal use of
drugs on or off the job,
reporting to work under the influence of illegal drugs
It is a violation of city policy for any employee to report to work under the
influence of or while possessing in his or her body, blood or urine, illegal drugs in
any detectable amount.
reporting to work under the influence of alcohol
It is a violation of the city’s policy for an employee to report to work under the
influence of or impaired by alcohol.
illegal prescription drug use
It is a violation of the City of Caryville policy for any employee to use
prescription drugs illegally, i.e., to use prescription drugs that have not been
legally obtained or in a manner or for a purpose other than is prescribed.
However, nothing in this policy precludes the appropriate use of legally
prescribed medications.
penalty
Violations of this policy are subject to disciplinary action up to and including
termination.
It is the responsibility of the City of Caryville’s supervisors to counsel employees
whenever they see changes in performance or behavior that suggest an employee has a
drug problem. Although it is not the supervisor’s job to diagnose personal problems, the
supervisor should encourage such employees to seek help and advise them about
available resources for getting help. Everyone shares responsibility for maintaining a
safe work environment, and co-workers should encourage anyone who has a drug
problem to seek help.
The goal of this policy is to balance the city’s respect for individuals with the need to
maintain a safe, productive and drug-free environment. The intent of this policy is to
offer a helping hand to those who need it, while sending a clear message that the illegal
use of drugs and the abuse of alcohol are incompatible with employment at the City of
Caryville.
As a condition of employment, employees must abide by the terms of this policy and
must notify the City of Caryville in writing of any conviction of a violation of a criminal
drug statute occurring in the workplace no later than five (5) calendar days after such
conviction.
The City of Caryville offers resource information on various means of employee
assistance in the community, including but not limited to drug and alcohol abuse
programs. Employees are encouraged to use this resource file, which is located at
Peninsula Behavioral Health, 2347 Jones Bend Road, Louisville, Tennessee, phone (865)
970-9800, or The Tillium Center, Corbin, Kentucky, phone 800-395-4435. In addition,
the city will distribute this information to employees for their confidential use.
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(b)
General procedures
Any employee reporting to work visibly impaired will be deemed unable to perform
required duties and will not be allowed to work. If possible, the employee’s supervisor
will first seek another supervisor’s opinion to confirm the employee’s status. Next, the
supervisor will consult privately with the employee to determine the cause of the
observation, including whether substance abuse has occurred. If, in the opinion of the
supervisor, the employee is considered impaired, the employee will be sent home or to a
medical facility by taxi or other safe transportation alternative – depending on the
determination of the observed impairment – and accompanied by the supervisor or
another employee if necessary. A drug or alcohol test may be in order. An impaired
employee will not be allowed to drive.
(c)
Opportunity to contest or explain test results
Employees who have a positive confirmed drug or alcohol test result may explain or
contest the result to the medical review officer within five (5) working days after
receiving written notification of the test result from the medical review officer; if an
employee’s or job applicant’s explanation or challenge is unsatisfactory to the medical
review officer, the medical review officer shall report a positive test result back to the
City of Caryville; a person may contest the drug test result pursuant to rules adopted by
the Tennessee Department of Labor.
(d)
Confidentiality
The confidentiality of any information received by the employer through a substance
abuse testing program shall be maintained, except as otherwise provided by law.
(e)
Job applicant drug test
All job applicants at the City of Caryville will undergo testing for substance abuse as a
condition of employment. Any applicant with a confirmed positive test result will be
denied employment.
Applicants will be required to submit voluntarily to a urinalysis test at a laboratory
chosen by the City of Caryville, and by signing a consent agreement will release the city
from liability.
If the physician, official or lab personnel have reasonable suspicion to believe that the
job-applicant has tampered with the specimen, the applicant will not be considered for
employment.
The City of Caryville will not discriminate against applicants for employment because of
a past history of drug or alcohol abuse. It is the current illegal use of drugs and/or abuse
of alcohol, preventing employees from performing their jobs properly, that the city will
not tolerate.
(f)
Employee drug testing
The City of Caryville has adopted testing practices to identify employees who illegally
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use drugs on or off the job or who abuse alcohol on the job. It shall be a condition of
employment for all employees to submit to substance abuse testing under the following
circumstances:
(g)
(i)
reasonable suspicion
When there is reasonable suspicion to believe that an employee is illegally using
drugs or abusing alcohol. “Reasonable suspicion” is based on a belief that an
employee is using or has used drugs or alcohol in violation of the City of
Caryville’s policy drawn from specific objective and articulable facts and
reasonable inferences drawn from those facts in light of experience. Among other
things, such facts and inferences may be based upon, but not limited to, the
following:
 Observable phenomena while at work such as direct observation of
substance abuse or of the physical symptoms or manifestations of being
impaired due to substance abuse;
 Abnormal conduct or erratic behavior while at work or a significant
deterioration in work performance;
 A report of substance abuse provided by a reliable and credible source;
 Evidence that an individual has tampered with any substance abuse test
during his or her employment with the City of Caryville;
 Information that an employee has caused or contributed to an accident
while at work; or
 Evidence that an employee has used, possessed, sold, solicited, or
transferred drugs while working or while on the City of Caryville’s
premises or while operating the city’s vehicle, machinery, or equipment.
(ii)
on the job injuries
When employees have caused or contributed to an on-the-job injury that resulted
in a loss of work-time, which means any period of time during which an
employee stops performing the normal duties of employment and leave the place
of employment to seek care from a licensed medical provider. The City of
Caryville may send employees for a substance abuse test if they are involved in
on-the-job accidents where personal injury or damage to city property occurs.
(iii)
follow up program
As part of a follow-up program to treatment for drug abuse.
(iv)
fitness for duty
Routine fitness-for-duty drug or alcohol testing. An employee must submit to a
drug or alcohol test as part of a routinely scheduled employee fitness-for-duty
medical examination.
Alcohol testing
The consumption or possession of alcoholic beverages on city premises is prohibited. An
employee whose normal faculties are impaired due to alcoholic beverages, or whose
blood alcohol level tests .10% by weight for non-safety sensitive positions, or .04% for
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safety sensitive positions, while on duty/city business shall be guilty of misconduct, and
shall be subject to discipline.
(h)
Refusal to submit
Failure to submit to a required substance abuse test also is misconduct and also shall be
subject to discipline.
(i)
Important information for job applicants and employees
When an employee or job applicant submits to a drug and/or alcohol test, they will be
given a form by the specimen collector that contains a list of common medications and
substances which may alter or affect the outcome of a drug or alcohol test. This form
will also have a space for the donor to provide any information that he/she considers
relevant to the test, including the identification of currently or recently used prescription
or non-prescription medication or other relevant information. The information should be
kept by the employee or job applicant for their personal use. If the job applicant or
employee has a positive confirmed test result a medical review officer will attempt to
contact the individual in order to privately discuss the findings with that person. The job
applicant or employee should keep the form as a “reminder” to discuss this information at
that time. The medical review officer will take this into account when interpreting any
positive confirmed test results. The information provided shall be treated as confidential
and will not be given to the employer. Employees and job applicants have the right to
consult with a medical review officer for technical information regarding prescription and
non-prescription medicine.
It is the responsibility of every employee or job applicant to notify the testing laboratory
of any administrative or civil action brought pursuant to Tennessee Code Annotated
section 50-9-100 et seq., Drug-Free Workplace Programs.
The provisions of this policy are subject to any applicable collective bargaining
agreement or contract and include the right of appeal to the applicable court.
(j)
Urinalysis screen
Substance abuse testing for job applicants and employees will include a urinalysis screen
for the following drugs:







Alcohol: (not required for job applicant testing)
Any “Alcoholic Beverage”, all liquid medications containing ethyl alcohol
(ethanol). Please read the label for content. For example: Vicks Nyquil™ is
25% (50 proof) ethyl alcohol, Comtrex™ is 20% (40 proof), Contac Severe Cold
Formula Night Strength™ is 25% (50 proof) and Listerine™ is 26.9% (54 proof).
Amphetamines: “speed,” “uppers,” etc.
Cannabinoids: THC, marijuana, hashish, “pot,” “grass,” “hash,” etc.
Cocaine: “coke,” “crack,” etc.
Phencyclidine: PCP, “angel dust”
Opiates: Narcotics, Heroin, Codeine, Morphine, “smack, dope, etc….”
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Section 6.13 Sexual Harassment
(a)
Purpose
The municipality may be held liable for the actions of all employees, vendors and guests
with regard to sexual harassment and will not tolerate sexual harassment of its
employees. The city will take immediate, positive steps to stop such harassment when it
occurs. The city is responsible for acts of sexual harassment in the workplace when the
city (or its agents or supervisory employees) knows or should have known of the conduct,
unless it can be shown that the city took immediate and appropriate corrective action. The
municipality may also be responsible for the acts of non-employees, with respect to
sexual harassment of employees in the workplace, where the municipal government (or
its agents or supervisory employees) knows or should have known of the conduct and
failed to take immediate and appropriate corrective action.
This policy applies to all officers and employees of the City of Caryville, including but
not limited to full- and part-time employees, elected officials, permanent and temporary
employees, employees covered or exempt from the personnel rules or regulations of the
municipal government, and employees working under contract for the municipality. The
following rules shall be strictly enforced.
(b)
Definitions
The following actions constitute an unlawful employment practice and are absolutely
prohibited by the municipal government when they affect employment decisions, create a
hostile job environment, cause distractions, or unreasonably interfere with work
performance. They are:
 sexual harassment or unwelcome sexual advances;
 requests for sexual favors;
 verbal or physical conduct of a sexual nature in the form of pinching, grabbing,
patting, or propositioning;
 explicit or implied job threats or promises in return for submission to sexual
favors;
 inappropriate sex-oriented comments on appearance;
 embarrassing sex-oriented stories;
 displaying sexually explicit or pornographic material, no matter how the material
is displayed; and/or
 sexual assault on the job by supervisors, fellow employees, or, on occasion, nonemployees.
Sexual harassment includes conduct directed by men toward women, conduct directed by
men toward men, conduct directed by women toward men, and conduct directed by
women toward women.
(c)
Making sexual harassment complaints
An employee who feels he/she is subjected to sexual harassment must immediately
contact a person (listed below) with whom the employee feels the most comfortable.
(Complaints may be made orally or in writing to:
 the employee's immediate supervisor,
 the employee's department head,
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


the recorder,
the mayor, and/or
an alderman.
Employees have the right to circumvent the employee chain-of-command when selecting
the person to complain to about sexual harassment. The employee should be prepared to
provide the following information:
 his/her name, department, and position title;
 the name of the person or people committing the sexual harassment, including
their title(s), if known;
 the specific nature of the sexual harassment, how long it has gone on, any
employment action (demotion, failure to promote, dismissal, refusal to hire,
transfer, etc.) taken against the employee as a result of the harassment, whether
the employee let it be known that the behavior was unwelcome, or any other
threats made against the employee as a result of the harassment;
 witnesses to the harassment; and
 whether the employee has previously reported the harassment and, if so, when and
to whom.
(d)
Reporting and investigating sexual harassment complaints
The city recorder is the person the municipal government designates as the investigator of
sexual harassment complaints against employees. In the event the sexual harassment
complaint is against the city recorder the investigator shall be a municipal employee
appointed by the mayor.
When an allegation of sexual harassment is made by any employee, the person to whom
the complaint is made shall:
 immediately prepare a report of the complaint according to the preceding section
and submit it to the city recorder;
 make and keep a written record of the investigation at the time the verbal
interview is in progress, including notes on:
o verbal responses made to the investigator by the person complaining of
sexual harassment,
o witnesses interviewed during the investigation,
o the person against whom the complaint of sexual harassment was made,
and
o any other person contacted by the investigator in connection with the
investigation;
 within five working days of receiving the complaint, the city recorder (or the
mayor’s designee) will prepare and present the findings to the mayor in a report,
which will include:
o the written statement of the person complaining of sexual harassment,
o the written statements of witnesses,
o the written statement of the person against whom the complaint of sexual
harassment was made, and
o all the investigator's notes connected to the investigation.
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(e)
Action on complaints of sexual harassment
Upon receiving an investigation report of a sexual harassment complaint, the mayor shall
immediately review the report. If the mayor determines that the report is not complete in
some respect, he/she may question the person complaining of sexual harassment, the
person against whom the complaint has been made, witnesses to the conduct in question,
or any other person who may have knowledge about the harassment.
Based upon the report and his/her own investigation (where a separate investigation is
made), the mayor shall, within five working days, determine whether the conduct in
question constitutes sexual harassment. In making that determination, the mayor shall
look at the record as a whole and at the totality of circumstances, including the nature of
the conduct, the context in which the alleged actions occurred, and the behavior of the
person complaining. Whether sexual harassment took place will be determined on a caseby-case basis.
If the mayor determines that the harassment complaint is founded, he/she shall take
immediate and appropriate disciplinary action against the guilty employee, consistent
with his/her authority under the municipal charter, ordinances, resolutions, or rules
governing his/her authority to discipline employees.
The disciplinary action shall be consistent with the nature and severity of the offense, the
employee's rank, and any other factors the mayor believes relate to fair and efficient
administration of the city. This includes, but is not limited to, the effect of the offense on
employee morale, public perception of the offense, and the light in which it casts the
municipality. The disciplinary action may include demotion, suspension, dismissal,
warning, or reprimand. Employees of the City of Caryville are employees at the will and
pleasure of the city and have no rights to continued employment with the city.
Employees may be dismissed for cause, for no cause, for any cause as long as it does not
violate federal and state law. Determining the level of disciplinary action shall also be
made on a case-by-case basis. A written record shall be kept of imposed disciplinary
actions, including verbal reprimands.
In all events, an employee found guilty of sexual harassment shall be warned not to
retaliate in any way against the person making the complaint, witnesses, or any other
person connected with the investigation. The city will not take any action against the
employee claiming harassment that could be viewed as retaliatory.
In cases where sexual harassment is committed by a non-employee against a municipal
government employee in the workplace, the mayor shall take whatever lawful action is
necessary against the non-employee to bring the sexual harassment to an immediate end.
(f)
Obligation of employees
Employees are not only encouraged to report instances of sexual harassment, they are
obligated to report them. Employees are also obligated to cooperate in every harassment
investigation. The obligation includes, but is not necessarily limited to, coming forward
34
with evidence (both favorable and unfavorable) about a person accused of such conduct,
fully and truthfully making written reports, or verbally answering questions when
required to do so by an investigator. Employees are also obligated to refrain from making
bad faith accusations of sexual harassment.
Disciplinary action may be taken against employees who fail to report instances of sexual
harassment, fail or refuse to cooperate in the sexual harassment investigation, or file a
complaint of sexual harassment in bad faith.
Section 6.14 Complaint Procedures
A grievance is defined as an employee's feeling of dissatisfaction, and any differences,
disagreements, or disputes arising between an employee and his/her supervisor and/or employer
regarding some aspect of his/her employment, application or interpretation of regulations and
policies, or some management decision affecting him/her. A grievance can be something real,
alleged, or a misunderstanding concerning only administrative orders involving the employee's
health, safety, physical facilities, equipment or materials used. Such misunderstandings,
complaints, points of view, and opinions will be considered a grievance, except in cases where
they relate to personnel actions arising out of pay, suspension, and dismissal.
It is the city's desire to address grievances informally, and both supervisors and employees are
expected to make every effort to resolve problems as they arise. However, it is recognized that
there will be occasional grievances that will be resolved only after a formal appeal and review.
Employees who have a complaint or grievance should discuss the grievance with their immediate
supervisor, a higher-level supervisor, and/or the department head.
Every employee may present a complaint or grievance under the provisions of the grievance
procedures free from fear, interference, restraint, discrimination, coercion, or reprisal. Steps of
the grievance procedure are as follows:
(a)
Step one
The employee makes an oral or written presentation of the complaint or grievance to the
immediate supervisor within 5 business days from the incident that prompted the
grievance. It shall be the supervisor's responsibility to promptly investigate the
circumstances surrounding the grievance, discuss the matter with the appropriate
department head, and take action, if possible. The supervisor shall inform the employee
in writing of the decision and any action taken shall be taken within 5 business days from
the date the grievance was filed, if appropriate. The supervisor shall prepare a written
report of the complaint or grievance and provide a copy of it to the department head. Any
supervisor in the chain-of-command shall attach his/her recommendation regarding the
unresolved complaint or grievance if it proceeds to a higher level. No supervisor may
hold a complaint longer than 72 hours without forwarding it to the next supervisory level.
(b)
Step two
If the grievance cannot be resolved on an informal basis between the employee and
supervisor, the employee may proceed to the second procedural step. Before proceeding,
an employee must reduce the complaint or grievance to writing and request that the
35
written statement be delivered to the department head. If an employee wishes a hearing,
the department head will accommodate the employee. Upon hearing the grievance, the
department head must provide a written response to the employee and the immediate
supervisor within three days (72 hours) of the hearing.
(c)
Step three
If the grievance is not resolved with the department head, the employee may request in
writing a hearing with the mayor. The mayor shall have 5 business days to schedule the
hearing, after which the mayor shall provide a written response to the employee with
copies to the department head and immediate supervisor. Every attempt will be made to
resolve the employee's grievance.
The mayor shall make a written report to the department head, which will include the mayor’s
statement of findings, conclusion, and instructions as to the disposition of the complaint or
grievance. After the mayor has presented his/her findings and recommendations to the
department head, any action required shall be taken within 24 hours and the employee notified in
writing through proper channels. The action of the mayor shall be final and binding on all parties
involved, unless appealed to Chancery Court by the employee.
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ARTICLE VII. DISCIPLINE AND TERMINATIONS
Section 7.01 Types of Separations
All separations of employees from city positions shall be designated as one of the following
types and shall be accomplished in the manner indicated: resignation, layoff, death, disability,
retirement, death, or dismissal. . At the time of separation and prior to final payment, all records,
assets, and other items of city property in the employee's custody must be transferred to the
department.
(a)
Resignation
In the event an employee decides to leave the municipal government's employ, a two
week notice shall be given to his/her supervisor so that arrangements for a replacement
can be made. In such a case, employees will be expected to return any or all municipal
government equipment assigned. An unauthorized absence from work for a period of
three consecutive working days may be considered by the department head as a
resignation. If a former employee returns to municipal government employment, his/her
status of seniority, pay, leave, etc. will be the same as any new employee beginning work
for the first time.
(b)
Layoff
The department head, upon approval from the mayor, may lay off an employee in the
municipal government service when he/she deems it necessary by reason of shortage of
funds, the abolition of a position, or other material changes in the duties or organization
of the employee's position, or for related reasons that are outside the employer's control
and that do not reflect discredit upon the employee's service. Temporary employees shall
be laid off before probationary or regular employees. The order of layoff shall be in
reverse order to total continuous time served upon the date established for the layoff to
become effective.
(c)
Disability
An employee may be separated for disability when he/she cannot perform the essential
functions of the job because of physical or mental impairment that cannot be
accommodated without undue hardship or because the disability poses a direct threat to
the health and safety of others. A reasonable accommodation may include transfer to a
comparable position for which the individual is qualified. Action may be initiated by the
employee or the municipality, but in all cases it must be supported by medical evidence
acceptable to the mayor, and the disability must prevent the employee from performing
the essential functions of the job. The municipal government may require an examination
at its expense to be performed by a licensed physician of its choice.
(d)
Retirement
Whenever an employee meets the conditions set forth in the retirement system's
regulations, he/she may elect to retire and receive all benefits earned under the
appropriate retirement system.
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(e)
Death
Separation shall be effective as of the date of death of an employee. All compensation
due in accordance with these rules shall be paid to the estate of the employee, except for
such sums as by law must be paid to the surviving spouse. Upon the death of a full-time
regular employee, his/her beneficiary will receive his/her next due payroll check and pay
for accrued vacation time. Further, his/her beneficiary shall be given complete assistance
by the city recorder in settling pension, life, and hospital insurance benefits.
(f)
Dismissal
Employees of the city have no rights to continued employment with the city. Employees
may be dismissed for cause, for no cause, as long as it does not violate federal and state
law.
Section 7.02 Disciplinary Action
Whenever an employee's performance, attitude, work habits, or personal conduct fall below a
desirable level, supervisors shall inform the employee promptly and specifically of such lapses
and shall give him/her counsel and assistance. If appropriate and justified, a reasonable period of
time for improvement may be allowed before initiating disciplinary action. In some instances, a
specific incident in and of itself may justify severe initial disciplinary action; however, the action
to be taken depends on the seriousness of the incident and the whole pattern of the employee's
past performance and conduct. The types of disciplinary actions are:
(a)
Oral reprimand
Whenever an employee's performance, attitude, work habits, or personal conduct fall
below a desirable level, the immediate supervisor or department head shall inform the
employee promptly and specifically of such lapses and shall give him/her counsel and
assistance. If appropriate and justified, a reasonable period of time for improvement may
be allowed before initiating disciplinary actions. The immediate supervisor or department
head will place a memo in the employee's file stating the date of the oral reprimand, what
was said to the employee, and the employee's response.
(b)
Written reprimand
In situations where an oral warning has not resulted in the expected improvement, or
when more severe initial action is warranted, a reprimand written by the department head
may be sent to the employee, and a copy shall be placed in the employee's personnel
folder. The department head administering the reprimand shall advise the employee that
the action is a written reprimand and emphasize the seriousness of the problem; cite
previous corrective actions and/or informal discussions relating to the offense; identify
the problem and/or explain the offense; inform the employee of the consequences of
continued undesirable behavior; detail corrective actions and identify dates by which the
corrective actions shall be taken.
At the conclusion of a conference with the employee, a copy of the written reprimand
shall be placed in the employee's personnel folder. It is recommended that the affected
employee sign the written reprimand to indicate that he/she has seen the document and to
acknowledge receipt of the employee's copy. Should the employee refuse to sign the
38
written reprimand, the department head will obtain a witness to sign and date the form
and so indicate the employee's refusal to sign.
(c)
Suspension
An employee may be suspended with or without pay by his/her department head with the
approval of the mayor, not to exceed a total of 10 working days in any 12-month period.
Pursuant to the appeals procedures, a written statement of the reason for suspension shall
be submitted to the employee affected at least 24 hours prior to the effective date of
suspension. This is providing that, during the advance notice period, the employee may
be retained in active duty status, placed on leave, or suspended with or without pay at the
discretion of the mayor.
Section 7.03 Severability and Amendments.
Each section, subsection, paragraph, sentence, and clause of this policy document is hereby
declared to be separable and severable. The invalidity of any section, subsection, paragraph,
sentence, or clause shall not affect the validity of any other portion of these policies, and only
any portion declared to be invalid by a court of competent jurisdiction shall be deleted.
Amendments or revisions of these personnel policies and procedures may be recommended for
adoption by the governing body. Such amendments or revisions of these personnel policies and
procedures shall become effective after approval by resolution of the governing body.
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