4.01 Equal Employment Opportunity (EEO)
4.02 Protection From Loss and Liability (Indemnity)
4.03 Employee Hiring
4.04 Alcohol and Drug Free Workplace
4.05 Safety Sensitive Position - Drug Testing (CDL Drivers)
4.06 SexualGeneral Harassment
4.07 Employee Code of Conduct
4.08 Disciplinary Action
4.09 Grievance Procedures
4.10 Termination of Employment
4.11 Record Keeping
4.12 Performance Evaluations
4.13 Employment Classifications/Compensation
4.14 Salary Planning
4.15 Payroll Administration
4.16 Reimbursable Expense
4.18 Family and Medical Leave Act
4.19 Leave of Absence
4.20 General Safety
4.21 UOSHA Requirements
4.22 Confined Space Entry
4.23 Disaster Response Plan
Equal Employment Opportunity (EEO)
4.01.010 General Policy
4.01.020 Supervisor Responsibilities
4.01.030 Employee Responsibilities
Section 4.01.010 General Policy
It is the policy of the Agency to comply with Equal Employment Opportunity standards in all phases of personnel administration: job structuring, recruitment, examination, selection, appointment, placement, training, upward mobility, discipline, etc, without unlawful regard to race, color, religion, sex, age, physical or mental disability, national origin or veteran status.
Section 4.01.020 Supervisor Responsibilities
The Mayor, or designee, will ensure that Milford City is in compliance with all of the personnel policies and procedures in this manual, including all Equal Employment Opportunity standards. Additionally, the Mayor, or designee, will ensure that each employee receives a copy of this Personnel Policies and Procedures Manual and that the employee signs and dates a Policy Statement and Acknowledgment Form (Form Number 1) stating receipt of the manual. The Mayor, or designee, will then file the signed and dated Policy Statement and Acknowledgment Form in the employee’s personnel file.
Section 4.01.030 Employee Responsibilities
Employees are responsible for informing themselves about the policies, practices, and benefits set forth in Milford City’s Personnel Policy and Procedures Manual by reading them and, if necessary, asking that they be explained to them. Additionally, all employees are required to sign and date a Policy Statement and Acknowledgment Form stating receipt of this manual.
Protection From Loss and Liability (Indemnity)
4.02.010 General Policy
4.02.020 Supervisor Responsibilities
Section 4.02.010 General Policy
City of Milford will take all necessary precautions and steps in written contracts to prevent loss and liability arising from entering relationships with independent contractors using the Hold Harmless Agreement (Form Number 2) which is a part of the Indemnity Provision Contract or the entire Indemnity Provision Contract (Form Number 43).
Section 4.02.020 Supervisor Responsibilities
1. To ensure that no work is performed by any private contractor until:
A. A written contract between Milford City and the contractor has been entered into and signed by both parties.
B. The signed written contract has been co-signed by the city recorder.
2. Each contract with a private contractor should contain indemnity/hold harmless clauses which provide that:
A. All contracts must contain indemnity and defense provisions in which the contractor assumes all liability arising out of work performed by the contractor or their officers, employees, agents, and volunteers.
B. All contractors must provide evidence that they have acquired and maintain comprehensive general liability coverage, including liability insurance covering the contract concerned, prior to the execution of the contract.
C. Milford City and its officials, employees, agents and volunteers must be named as “additional insured” on the liability insurance policy.
3. Each contract with a private contractor should contain provisions that ensure the contractor is carrying workers’ compensation insurance coverage.
A. Milford City should require evidence of Workers Compensation insurance (or evidence of qualified self-insurance) from all contractors.
B. Milford City should have the contractor show evidence of the contractor’s Workers Compensation coverage to Milford City.
Section 4.03.010 Employment
Job Descriptions (Form Number 3) defining the essential functions of the vacant position shall be drafted and adopted before the vacancy is posted or otherwise advertised internally or externally.
Section 4.03.020 Recruitment
All recruitment shall be conducted in a non-discriminatory manner.
1. Internal Promotions. It is City of Milford’s policy to give first consideration to current agency employees to fill a job position.
2. External Advertising.
A. Only the City Manager under direction from the City Council is authorized to place advertisements and respond to inquiries from employment agencies and/or job applicants.
B. Each Job Opening Notice (Form Number 4) should contain a statement indicating that the City of Milford is an equal opportunity employer.
C. Job Opening Notices must be advertised in the appropriate media (The Department of Workforce Services should be utilized whenever possible), and through any other channels the Mayor deems appropriate, on at least three separate days.
D. All Job Opening Notices must specify the name and the office of the person from whom Job Applications (Form Number 5) are to be obtained, the name and office of the person to whom completed applications are to be returned, and the deadline for filing an application.
E. Advertisements may state that job applicants residing in City of Milford or the surrounding area will be given hiring preference.
Section 4.03.030 Selection
Content format typePlain Old TextHTML formattedSchedule Page Conten1. Nepotism. It is the policy of City of Milford to comply with the provisions of Utah’s Anti?Nepotism Act, Utah Code 52? 3-1.
2. Employment of Minors. It is the policy of City of Milford that no one under the age of fourteen (14) shall be hired for any position.
3. Rehires. Job applications received from former employees will be processed using the same procedures and standards that govern all other applications. The City Manager will review the former employee's personnel records and the circumstances surrounding termination of previous employment with City of Milford.
A. Former employees who have been terminated for cause are not eligible for rehire.
B. Applicants who are rehired shall be required to serve a probationary period.
4. Job Applications. All interested job applicants shall complete a Job Application.
A. All applications and resumes received for the job opening will be forwarded to the Mayor, or designee. Upon receipt, each application and resume will be marked with the date it was received and placed in an Applicant's File for at least one year.
B. Job applications shall be signed by the job applicant and the truth of all information contained therein shall be certified by the job applicant's signature. The job applicant shall provide a copy of required certified educational transcripts either with the application or upon hire.
5. General Aptitude Test Battery (GATB). When necessary, job applicants may be required to take the General Aptitude Test Battery. If administration of the GATB is deemed necessary it may be administered by The Department of Workforce Services.
6. Other Ability Tests. Job Applicants may be required to take other ability tests which City of Milford deems necessary for a specific position. Job applicants for certain positions may require skills for which a known level of competence must exist such as mathematics, keypunch, and/or timed typing tests. When City of Milford uses other ability tests, City of Milford shall make reasonable accommodations for disabled applicants.
7. Job Applicant Disqualification. An application may be rejected if the job applicant:
A. Does not meet the minimum qualifications established for the position.
B. Is physically or mentally unable to perform the essential duties and responsibilities of the position with reasonable accommodation(s) (determined only after a conditional offer of employment, pending the results of a medical examination, has been extended to a job applicant).
C. Has falsified a material fact or failed to complete the application.
D. Has failed to timely file the application.
E. Has an unsatisfactory employment history or poor work references.
F. Has failed to attain a passing score, if an examination is required.
A. The City Council, or designee, will select applicants to interview from those who have passed the preliminary screening job application and ability tests. Job related duties and qualifications will provide the basis for initial screening of job applicants. During the interview, all job applicants should be advised that any and all of the information provided will be verified.
B. Individuals conducting job interviews shall only ask questions that pertain to the job position. The Pre-Employment Inquiry Guide (Form Number 6) should be reviewed by the interviewer before the interview begins. In addition, during the interview each interviewer completes an Interview Guide (Form Number 7) which is consistent with City of Milford’s Equal Employment Opportunity policy.
t: (optional)LanguageAllEnglishPublication DateEnable Print LinkExpiration DateEnable9. Reference Checks. In order to facilitate references checks, written permission shall be obtained from the applicant using the Applicant’s Consent to Release Information Form (Form Number 8). City of Milford may contact the references for each job applicant and ask job?related questions, which include similar questions for each job applicant checked, using City of Milford’s Telephone and Written Reference Check Questionnaires (Form Number 9 and 10).
Section 4.03.040 Placement
1. Rejection Letters. Within five (5) working days after the job offer has been accepted, non?selected job applicants shall be notified. The City Manager, will send a Job Rejection Letter (Form Number 11) to each job applicant who was not selected for a job opening.
2. Job Offers. After a job applicant is approved by City of Milford, the City Manager shall notify the successful job applicant of their selection through a written Job Offer Letter (Form Number 12). The written Job Offer Letter shall clearly state the job description, salary conditions, and any provisional conditions of employment (i.e., successfully passing drug/alcohol tests). Additionally, the written Job Offer Letter shall clearly state that the offer is not accepted until the candidate signs the written Job Offer Letter and returns it to City of Milford by the requested date. The original Job Offer Letter is then filed in the employee’s file and a copy is given to the new employee during orientation. Written Job Offer Letters should also include the following:
A. A clear statement of the job description.
B. The employee’s starting salary. Starting salary offers for exempt positions shall be figured for a specified period, such as a two-week period. Starting salary offers for non-exempt positions shall be figured at an hourly wage.
C. The employee’s job title.
D. The employee’s supervisor.
E. Any relocation commitments, if applicable.
SubmenuPaF. City of Milford’s at?will employment policy.
G. The employee’s starting date.
H. The length of the employee’s probationary period.
I. Notice that employment is contingent upon passing a background examination, drug tests, medical/physical examinations, etc.
3. Pre-employment Drug Testing. Once City of Milford has extended a conditional job offer to the job applicant, a pre-employment drug test may be conducted by a health professional chosen by City of Milford. Job applicant will be required to complete consent to Test for Alcohol or Drugs (Form Number 31). Only the Mayor or City Manager may authorize such testing. All costs for required testing will be borne by City of Milford. The prospective employee must sign a written consent of this information to City of Milford.
4. Reinstatements. Employees who are reinstated into City of Milford may maintain their original anniversary date for seniority purposes as well as for those benefit programs governed by the anniversary date. The policy will be as follows:
A. Layoffs. Employees who terminate because of reduction in work force will maintain their original anniversary date for seniority purposes if they are re-employed by City of Milford within one year after date of termination.
B. Voluntary resignations. Employees who voluntarily terminate their employment with City of Milford may maintain their original anniversary date, subject to Mayor and/or City Council approval, if they are re-employed by City of Milford within six months after date of termination.
5. Hiring New Employees.
A. Required for All Employees: The Mayor, or designee, is responsible for having new employees fill out all pre-employment forms, benefit applications, enrollment forms and providing basic information on City of Milford’s policies concerning pay, vacation, holidays, and sick leave, benefits, parking and work hours during the employee's first day of work.
B. Additional Requirement for All Part Time, Temporary, and Seasonal Employees Only: If applicable, the City Manager, is responsible for filling out a Part Time/Temporary/Seasonal Employment Agreement (Form Number 13).
C. Additional Requirement for Employment of Minors (employers may protect themselves from unintentional violation of the child labor provisions by keeping on file an employment or age certification for each minor employed to show that the minor is the minimum age for the job.):
1. All states have child labor laws and compulsory school attendance laws.
2. Unless otherwise exempt, a minor employee must be paid according to the statutory minimum wage and overtime (currently one and one half (1 and ½) times the employee’s regular wage after forty (40) hours worked in a work week) provisions of the Fair Labor Standards Act of 1938, as amended.
3. Employees fourteen (14) and fifteen (15) years old may not be employed:
a. During school hours, except as provided for in work experience and career exploration programs.
b. Before 7 a.m. or after 7 p.m., except 9 p.m. from June 1 through Labor Day (time depends on local standards).
c. More than three (3) hours a day on school days.
d. More than eighteen (18) hours a week, in school weeks.
e. More than eight (8) hours a day, on non-school days.
f. More than forty (40) hours a week, in non-school weeks.
g. In any occupations found and declared to be hazardous.
h. In the operation or tending of hoisting apparatus.
i. In the operation or tending of any power-driven machinery.
j. Outside window washing that involves working from window sills, and all work requiring the use of ladders, scaffolds or their substitutes.
4. Employees sixteen (16) and seventeen (17) years old are subject to Department of Labor Orders when working in any occupations which the Secretary of Labor “shall find and by order declare to be particularly hazardous or detrimental to their health and well-being” as set forth in WH Publication 1330, entitled Child Labor Requirements in Nonagricultural Occupations.
6. Orientation. Newly hired employees shall complete all required paperwork and receive orientation as a new employee of City of Milford on their first day of work.
A. In accordance with the Immigration Reform and Control Act of 1986, all new employees shall provide proof of identity and employment status by completing an Employment Eligibility Verification Form I-9 (Form Number 14). The employee must sign under penalty of perjury that they are a U.S. citizen, a lawful permanent resident alien, or an alien otherwise authorized for U.S. employment.
B. All new employees shall complete and sign a Form W-4 Federal Withholding Statement (Form Number 15).
C. All new employees should be given a tour of the work place with a brief overview of company rules and benefits. The employee should complete a New Employee Orientation Form (Form Number 16), that has been modified to meet the particular needs of City of Milford.
7. Probationary Period.
A. All new employees shall be subject to a six (6) month probationary period with an option to extend an additional six months at the discretion of the City Manager. During this period, probationary employees may be terminated with or without notice for any or no reason without any right to due process, notice, explanation, or appeal in connection with said termination.
B. Probationary periods begin on the first day of employment and continue for six (6) months. Management will provide guidance to probationary employees so they understand work requirements.
C. An employee on probation shall have a performance evaluation at the end of the probationary period. This performance evaluation may be used to provide information to both the employee and management regarding the employee’s performance. A performance evaluation and the results of such evaluation shall not obligate management to a particular course of action relative to the probationary employee nor shall it create any property/due process rights for the probationary employee relative to their job/position.
Section 4.03.050 Volunteers
1. "Court Appointed Community Service" will be allowed and will follow the provisions of Section 5 of this chapter.
2. The Mayor, with approval of the City Council, may establish a program for the use of any other volunteers.
3. The Mayor shall develop guidelines for use of volunteers.
4. Prior to accepting any volunteer services, the Mayor and the volunteer shall sign a Memorandum of Understanding Agreement defining the nature and terms of the volunteer services.
5. A volunteer is considered an employee of City of Milford for the purposes of:
A. Workers compensation benefits for compensable injuries sustained by the volunteer while acting in the scope of employment.
B. Operating City of Milford owned vehicles or equipment when the volunteer is properly licensed to do so and permission is granted.
C. Liability insurance coverage offered employees.
6. Volunteer service experience will be recognized for determining minimum qualifications for an employment position with City of Milford.
(Ord. Ordinance 9-2001, Amended, 06/05/2001)
Alcohol and Drug Free Workplace
4.04.010 General Policy
4.04.020 Employee Responsibilities
4.04.030 Disciplinary Action
Section 4.04.010 General Policy
The purpose of this policy is to implement the Federal Drug Free Workplace Act of 1988 by providing for a safe and productive work environment that is free from impaired performance caused by employee use or abuse of alcohol, controlled substances, and/or medication.
Section 4.04.020 Employee Responsibilities
1. No employee shall unlawfully manufacture, dispense, possess, use, or distribute any controlled substance, medication, or alcohol
2. Any employee convicted under a federal or state statute regulating controlled substances shall notify their supervisor, City Manager and the Mayor within five days after the conviction.
3. No employee shall consume alcoholic beverages immediately before work during work hours while at work, during breaks, or during lunch.
4. No employee shall be impaired by alcohol, illegal drugs, or medication during work hours.
5. No employee shall represent City of Milford in an official capacity while impaired by alcohol, illegal drugs, or medication.
6. No employee using medication that may impair performance shall operate a motor vehicle on behalf of City of Milford.
7. If an employee is using prescription or non-prescription medication that may impair performance of duties, the employee shall report that fact to their supervisor.
8. An employee who has reason to believe that the performance of another employee is impaired by alcohol, illegal drugs, and/or medication shall notify the impaired employee's supervisor and/or the City Manager.
Section 4.04.030 Disciplinary Action
Because of the serious nature of the illegal use or abuse of alcohol, controlled substances, and/or medication., appropriate employee disciplinary action will be taken, up to and including termination.
Safety Sensitive Position - Drug Testing (CDL Drivers)
4.05.010 General Statement
Section 4.05.010 General Statement
1. It is the policy of Milford City that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance and/or the distribution, dispensation, possession, or use of alcohol in the workplace is expressly prohibited.
A. In order to achieve a drug-free work place, employees in, and applicants for, safety sensitive positions designated by completing Form Number 44 shall be required to participate in all of the following alcohol and controlled substances testing:
1. When an applicant has been extended a conditional offer of employment but before beginning work.
2. When there is a reasonable suspicion to believe that the employee is in an impaired state.
3. When the employee has been involved in an “on duty accident” or unsafe work practice.
4. On a random basis.
5. As a condition for return to duty after testing positive for controlled substances or alcohol.
6. As part of follow-up procedures to employment related drug or alcohol violations.
B. Applicants for all other positions shall, as a condition of employment, be required to participate in alcohol and controlled substances testing after the applicant has been extended a conditional offer of employment but before beginning work.
2. Scope. This policy covers all employees of and applicants to Milford City.
A. Alcohol. Alcohol is defined as the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols in methyl and isopropyl alcohol no matter how packaged or in what form the alcohol is stored, utilized or found.
B. Controlled Substances. Controlled substances are defined as marijuana (THC), cocaine, phencyclidine (PCP), opiates, and amphetamines (including methamphetamine) or other substances which may only be legally obtained and used pursuant to a physicians prescription.
C. On Duty Accident. Any accident involving the loss of life, or the issuance of a moving traffic citation to the employee.
D. Positive Test. Any test result showing a blood alcohol content (BAC) of 0.02 or greater or the presence of any controlled substance in the test subject.
E. Refusal to Submit to Testing. Failure to provide an adequate breath or urine sample without a valid and verified medical explanation, after the employee has received notice that they are being tested and a breath or urine sample is required, or engages in conduct that clearly obstructs the testing process.
F. Reasonable Suspicion. Knowledge sufficient to induce an ordinarily prudent and cautious may under the circumstances to believe that a prohibited activity is occurring.
G. Safety Sensitive Duties. Any duties requiring a Commercial Drivers License (CDL) or duties where operation of city owned vehicles is offered, Firefighter Duties , Law Enforcement Duties, Airport Manager or part-time airport worker, Crossing Guards, swimming pool lifeguard, any other duties or positions deemed safety sensitive.
(Ord. Drug Testing Policy, Amended, 03/21/2006)
Section 4.05.020 Policy
1. Testing Notice.
A. Before performing any alcohol or drug test authorized by this policy Milford City, through its designated representative shall notify the employee being tested, verbally or in writing, whether the test being administered is required by the Omnibus Transportation Employees Testing Act of 1991, or whether it is required by this policy.
B. Milford City employees who, under Milford City requirements, hold CDLs are required under rules established by the Federal Highway Administration to be subjected to pre-employment, reasonable suspicion, random, post-accident, return-to-duty, and follow-up drug and alcohol testing.
1. When conducting any of the above noted tests on CDL employees, Milford City shall provide the employee with the following notice:
a. The drug and/or alcohol test they are being required to take is required under rules established by the Federal Highway Administration pursuant to the Omnibus Transportation Employees Testing Act of 1991.
b. If employee refuses to submit to the required testing they may be subject to disciplinary action, up to and including termination.
C. Milford City employees who are not required by Milford City to hold a CDL, but who are employed in safety sensitive positions, while not subject to testing under federal statute, are subject to pre-employment, reasonable suspicion, random, post-accident, return-to-duty, and follow-up drug and alcohol testing under this policy.
1. When conducting any of the above noted tests on Non-CDL safety sensitive employees, Milford City shall provide the employee with the following notice:
a. The drug and/or alcohol test they are being required to take is required by the policies and procedures of Milford City.
b. If the employee refuses to submit to the required testing they may be subject to disciplinary action, up to and including termination.
2. Pre-Employment Testing. Milford City requires a final applicant selected for a position with Milford City to undergo an alcohol and drug screen test to detect the presence of alcohol and illegal drugs or controlled substances in the body. Refusal to take such a test shall be grounds for denial of employment. An applicant who tests positive for controlled substances or whose test detects a BAC of .04 or higher may be denied employment with Milford City.
A. Drug and alcohol testing shall be conducted after the selected applicant has been extended a conditional offer of employment but before beginning work.
B. All of Milford City’s job announcements and conditional offers of employment shall contain the following notice:
1. All applicants selected for employment with Milford City shall be required to take a drug and alcohol test with negative results as a precondition of employment.
2. A positive test result or failure to submit to the required testing shall result in a withdrawal of any conditional offer of employment with Milford City.
C. If the final applicant tests positive for drugs of alcohol as set forth above, or refuses to submit to testing as defined by this policy, the conditional offer of employment shall be withdrawn in writing and the applicant shall not be employed by Milford City.
3. Prohibited Conduct.
A. Employees shall not use, be under the influence of (.02 BAC), or be in possession of alcohol while on duty, on Milford City premises or while in Milford City vehicles. Milford City premises includes buildings, parking lots, grounds and vehicles owned by Milford City or personal vehicles being used for Milford City business.
B. Employees shall not use, be under the influence of, be in possession of, or be in such a condition as to test positive for alcohol or controlled substances while on duty, on Milford City premises or while in Milford City vehicles. Milford City premises includes buildings, parking lots, grounds and vehicles owned by Milford City ofrpersonal vehicles being used for Milford City business.
C. Employees using, possessing, distributing, dispersing, or being at the workplace under the influence of alcohol or illegal or illegally obtained/used controlled substances shall be subject to questioning and disciplinary action.
D. Any employee violating this policy may be subject to immediate termination.
4. Reasonable Suspicion Testing.
A. When a designated supervisor makes a determination that there is reasonable suspicion to believe that an employee performing or assigned to safety sensitive positions is using, is under the influence or, or is in possession of alcohol or controlled substances, the employee shall be subject to drug/alcohol testing.
1. The supervisor making the determination that reasonable suspicion exits shall submit written documentation setting forth the specific, contemporaneous articulable observations concerning the appearance, behavior, speech or body odors of the driver which resulted in the reasonable suspicion determination. Reasonable suspicion of use of a controlled substance may also be based on observation of indications of the chronic and withdrawal effects of controlled substances.
a. The required observations underlying reasonable suspicion testing must be made by a supervisor or Milford City official who has received at least two (2) hours of training on the physical, behavioral, speech, and performance indicators of alcohol and drug use.
b. Observations underlying the reasonable suspicion testing must be documented in writing and signed by the supervisor or Milford City designated official within twenty four (24) hours or before the results of the test are announced, whichever is later.
2. Reasonable suspicion testing may not be conducted by the same supervisor who takes the reasonable suspicion determination.
B. Special requirements associated with reasonable suspicion alcohol testing.
1. Alcohol testing is authorized only if the observations set forth above are made during, just proceeding, or just after the performance of safety sensitive functions.
2. If an alcohol test is not administered within two (2) hours following the identification of reasonable suspicion, the supervisor shall prepare and maintain documentation stating why the test was not administered within two (2) hours.
3. If an alcohol test is not administered within eight (8) hours following the identification of reasonable suspicion, the supervisor shall cease attempts to administer an alcohol test and shall prepare and maintain documentation stating why the test was not administered within eight (8) hours.
C. Special requirements associated with reasonable suspicion drug testing. If a drug test is not administered within thirty two (32) hours following the identification of reasonable suspicion, the supervisor shall cease attempts to administer a controlled substance test, and shall prepare and maintain documentation stating why the test was not administered within thirty two (32) hours.
D. Upon required testing due to reasonable suspicion, the employee tested shall not engage in the operation of any Milford City equipment or engage in any employment related duties, which their supervisor deems dangerous to themselves or others until the results of the tests are received and the employee is released back to work by the City Council Members.
5. Random Testing.
A. Employees assigned to, or performing, safety sensitive duties are subject to random drug/alcohol tests.
B. Random tests shall be both of the following:
2. Reasonably spread throughout the year.
C. Each employee within a testing pool must have an equal chance of being tested each time a random test is conducted.
D. Random Testing for CDL Drivers.
1. CDL drivers may be subjected to random alcohol testing only while performing safety sensitive functions, just before the driver is to perform safety sensitive functions, or just after the driver has ceased performing safety sensitive functions.
2. Drug tests may be performed at any time the driver is on duty.
E. Random Testing for Non-CDL Safety Sensitive Employees. Non-CDL safety sensitive employees may be subjected to random alcohol and drug tests any time the employee is on duty.
F. Pool Testing – Consortiums.
1. Milford City may join a consortium with testing pools large enough so that Milford City’s CDL drivers are always subject to random testing and the required annual testing rate shall be met by tests conducted of all drivers within the pool.
2. If and when Milford City chooses to join a drug/alcohol testing consortium, Milford City shall designate a liaison to coordinate with the testing consortium and obtain and maintain all of the following records and information:
a. How the random selection pool was assembled.
b. The method of selection and notification of drivers.
c. The location of collection sites.
d. Methods of reporting the test results on each driver.
e. Summary reports on the consortiums program showing that the consortium tested at the prescribed minimum annual rates for alcohol and/or controlled substances.
6. Post Accident Testing.
A. Any surviving CDL driver involved in an accident resulting a citation for a moving traffic violation or loss of human life, or surviving employee in a safety sensitive position involved in an accident involving the loss of human life, shall be tested as soon as practical for alcohol and controlled drugs.
1. An employee who is subject to post-accident testing shall remain readily available for such testing or shall be deemed to have refused to submit to testing.
2. The results of tests conducted by Federal, State, or Local law enforcement officers having independent authority to conduct tests to detect alcohol or controlled substances may be used by the employer to meet post-accident testing requirements.
3. Time frames for testing and consequences of failure to test:
1. If the test is not administered within two (2) hours following the accident, the supervisor shall prepare and submit documentation stating why the test was not administered within two (2) hours.
2. If the test is not administered within eight (8) hours following the accident, the supervisor shall ease attempts to administer an alcohol test and shall prepare and submit documentation stating why the test was not administered within eight (8) hours.
b. Controlled Substances. If the test is not administered within thirty two (32) hours following the accident, the supervisor shall cease attempts to administer a controlled substance test, and shall prepare and submit documentation stating why the test was not administered within thirty two (32) hours.
c. Upon required testing due to an accident or reasonable cause, the employee tested shall not engage in the operation of any Milford City equipment or engage in any employment related duties, which his supervisor deems dangerous to himself or others until the results of the tests are received and the employee is released back to work by the City Council.
7. Consequences of Positive Drug/Alcohol Test.
1. If any alcohol test result shows a blood alcohol content of 0.04 or greater, the employee shall be removed from duty immediately and will be terminated and shall not be eligible for rehire.
2. If an employee’s test results shows an alcohol concentration of greater than 0.02, but less than 0.04, the employee shall not be permitted to perform any safety sensitive functions for at least twenty four (24) hours.
B. Drug/Controlled Substances. If a drug test result shows that the employee has misused a controlled substance, the employee shall be removed from duty immediately and will be terminated and shall not be eligible for rehire.
1. If though his own initiative, an employee seeks rehabilitation treatment, the employee shall pay for an initial substance abuse evaluation.
2. Milford City encourages employees to enroll in a counseling or rehabilitation program. An employee will be required to sign a document agreeing to the following conditions in order to remain employed with full rights and benefits:
a. Any employee for whom treatment is recommended will be responsible for costs not covered by insurance. The employee will be required to use accrued compensatory time, annual vacation leave, and then sick leave until all leave is expended. Milford City will pay the employee’s benefit package during the allotted treatment time, but not wage supplements during this time. After compensatory time, vacation leave and sick leave has been expended, no additional vacation leave and sick leave will be accrued until employee has returned to full time duty. Each incident will be reviewed on a case-by-case basis.
b. If a required treatment or rehabilitation program involves confinement, the employee’s position may be held for the determined length of the treatment and the employee restored to his former position upon successful completion of the substance abuse rehabilitation. Each incident will be reviewed on a case-by-case basis.
8. Follow-up Testing. Employees who have violated this policy and continue to work for Milford City shall be subject to follow up drug/alcohol testing for a period of not less than one (1) year and not to exceed sixty (60) months.
A. Employees subject to follow up testing will be tested a minimum of six (6) times in the first (1st) twelve (12) months following their return to duty.
B. Follow-up testing beyond one (1) year shall be based on a need assessment provided by a substance abuse professional.
A. Milford City maintains the right to conduct unannounced inspections of Milford City owned property, work stations, equipment, desks, cabinets, etc.
B. Milford City maintains the right to utilize detection methods necessary for the enforcement of this policy including blood, urine, or other tests, and the use of electronic detection equipment and trained animals.
C. Failure to cooperate with these detection methods or inspections is grounds for disciplinary action up to and including termination of employment.
D. Employees may direct any questions regarding this policy to the City Manager.
(Ord. Drug Testing Policy, Amended, 03/21/2006)
4.06.010 General Policy
4.06.020 Prohibited Conduct
4.06.030 Types of Corrective Action
4.06.040 Disciplinary Action
4.06.050 Maintaining Complaint Files
4.06.060 Victim Protection
Section 4.06.010 General Policy
It is the policy of City of Milford that:
1. The giving or withholding of tangible job benefits based on the granting of sexual favors (Quid Pro Quo) and any behavior or conduct of a sexual/gender based nature which is demeaning, ridiculing or derisive and results in a hostile abusive or unwelcome work environment constitutes sexual harassment.
2. Unlawful discrimination/harassment of employees of any type, on or off duty, based on sex/gender, subtle or otherwise, shall not be tolerated and violators will be subject to disciplinary action up to and including termination.
3. Retaliation or reprisals are prohibited against any employee who opposes a forbidden practice, has filed a charge, testified, assisted or participated in any manner in an investigative proceeding or hearing under this policy.
4. False or bad faith claims regarding sexual or gender harassment shall result in disciplinary action, up to and including termination, against the accuser.
5. Employees accused of sexual harassment and facing disciplinary action shall be entitled to receive notice of charges, the evidence to be used against them, and an opportunity to respond before any disciplinary action may be taken.
6. Records and proceedings of sexual harassment claim, investigations, or resolutions are confidential and shall be maintained separate and apart from the employee's personnel file.
7. All employees, supervisors and management personnel shall receive training on the sexual/gender harassment policy and grievance procedures during orientation and in-service training.
Section 4.06.020 Prohibited Conduct
1. Any deliberate, unwanted, or unwelcome behavior of a sex/gender based nature, whether verbal, non-verbal, or physical is prohibited.
2. Two major categories of sexual/gender harassment are:
A. Quid Pro Quo, or the granting or conditioning of tangible job benefits on the granting of sexual favors.
B. Creating a hostile or unwelcome work environment, which can occur through any or all of the following general means:
1. Level One: Sex role stereotyping.
a. Assignments made or denied solely on the traditional historic perceptions regarding the types of jobs that specific gender may/should perform.
b. Comments or written material reinforcing traditional historic perceptions regarding gender.
2. Level Two: Gender harassment/discrimination.
a. Intentional or unintentional behavior/conduct of a visual or verbal nature directed at a specific gender which is demeaning, ridiculing, or derisive.
b. Creating an environment that demonstrates a demeaning, ridiculing, or derisive attitude toward a specific gender.
3. Level Three: Targeted or individual harassment.
a. Intentional behavior predicated on gender or expressing sexuality which is directed at a specific group or individual.
b. Offensive conduct may be verbal, visual, or physical; including unwanted physical touching of a non-criminal nature.
4. Level Four: Criminal touching.
a. The intentional unwanted touching of the breasts, buttocks, or genitals of another.
b. Forcible sexual abuse as defined by State law.
Section 4.06.030 Types of Corrective Action
Any employee who is being sexually harassed or who has personal knowledge of clearly offensive conduct may address the issue either through the formal or informal processes described below:
1. Informal Action.
A. Employees who are experiencing an unwelcome or hostile work environment at Level One, Level Two, or Level Three as described above may, if they so desire, choose to address that unwelcome behavior/conduct informally by notifying the individual responsible for the behavior of the behavior that is objectionable, that the conduct/behavior is unwelcome and that future similar behavior will result in a formal complaint. Employees experiencing sexual harassment at this level are not required to use the informal process and may file a formal complaint if they so desire.
B. This notification may be:
1. Verbally, in person.
2. In writing, signed or unsigned.
3. Through a supervisor, verbally or in writing. The victim may:
a. Ask the supervisor for assistance in determining what to say and how to approach the offending employee.
b. Request the supervisor to accompany the victim when the victim gives the offending employee notice.
c. Ask the supervisor to give notice to the offending employee, accompanied by the victim.
d. Ask the supervisor alone to provide notice to the offending employee.
2. Formal Action.
A. Employees who are experiencing an unwelcome or hostile work environment which is clearly offensive or at Level Four as described above, or who have been subjected to quid pro quo type sexual harassment, should address that unwelcome behavior/conduct through the formal remedial process.
B. Formal complaints should be in writing and specify:
1. The identity of the victim.
2. The identity of the offending employee.
3. The offensive behavior that the employee engaged in.
4. The frequency of the offensive behavior.
5. Damage the victim suffered as a result of the offensive behavior.
6. How the victim would like the matter settled, or what the victim would like to see happen.
C. The victim will be allowed a reasonable amount of time during work to prepare a formal complaint.
D. The victim should submit formal written complaints to their immediate supervisor. If the immediate supervisor is the employee engaging in the offensive behavior, the formal complaint should be submitted to the next highest supervisor, the department head, the City Manager, the Mayor, or designee.
Section 4.06.040 Disciplinary Action
Employees found guilty of sexual harassment may face disciplinary action up to, and including, termination based on all the circumstances of the case, as well as the offending employee’s work history.
Section 4.06.050 Maintaining Complaint Files
1. Information related to any sexual harassment complaint, proceeding, or resolution shall be maintained in separate and confidential sexual harassment complaint files. This information shall not be placed or maintained in the any employee's personnel file.
2. Information contained in the sexual harassment complaint files shall be released only with the written authorization of the victim and the Mayor, or designee..
3. Participants in any sexual/gender harassment proceeding/investigation shall treat all information related to that proceeding/investigation as confidential.
Section 4.06.060 Victim Protection
1. Individual complaints, either verbal or written, are confidential.
2. Victims of alleged sexual harassment shall not be required to confront the accused outside of a formal proceeding.
3. The accused shall not contact the victim regarding the alleged harassment.
4. Retaliation or reprisals are prohibited against any employee who opposed a practice forbidden under this policy, or who has filed a charge, testified, assisted, or participated in any manner in an investigation, proceeding or hearing.
A. Any employee engaging in prohibited retaliatory activities shall be subject to disciplinary action up to, and including, termination.
B. Retaliation is an additional and separate disciplinary offense.
C. Retaliation may consist of, but is not limited to, any of the following:
1. Open hostility.
2. Exclusion or ostracism.
3. Special or more closely monitored attention to work performance.
D. Assignment to demeaning duties not otherwise performed during the regular course of the employee's duties.
Employee Code of Conduct
4.07.020 Privileged Information
4.07.040 Gifts and Gratuities
4.07.080 Personal Use of City of Milford Office Items
4.07.100 Time Cards
4.07.110 Credit Cards
4.07.120 Outside Activities
4.07.130 Political Activity
4.07.140 Secondary Employment
Section 4.07.010 Professionalism
City of Milford is a professional association whose purpose, among others, is to provide professional services to its citizens. Its employees must adhere to high standards of public service that emphasize professionalism, courtesy, and avoidance of even the appearance of illegal or unethical conduct. Employees are required to carry out efficiently the work items assigned and have the responsibility, to maintain good moral conduct, and to do their part in maintaining good relationships with their supervisors and fellow employees, the public, and other member employees and officials.
Section 4.07.020 Privileged Information
City of Milford employees involved with information of significant public interest may not use this privileged information for personal gain, nor to benefit friends or acquaintances. If an employee has an outside interest which could be affected by any City of Milford plan or activity, this situation must be reported to the Mayor immediately. Each employee is charged with the responsibility of ensuring that only information that should be made available to the general public is released as defined in the Government Records Access and Management Act.
Section 4.07.030 Confidentiality
Fellow employees have an unquestionable right to expect all personal information about themselves, their illness, their family and financial circumstances to be kept confidential. Every employee has an obligation to protect this confidence. Never discuss privileged information with others who are not authorized to receive it, either inside or outside the office.
Section 4.07.040 Gifts and Gratuities
City of Milford employees are prohibited from soliciting or accepting any gift, gratuity, favor, entertainment, loan or item of monetary value from any person seeking to obtain business with City of Milford, or from any person within or outside City of Milford employment whose interests may be affected by the employees' performance or nonperformance of official duties. City of Milford employees will not accept gifts or gratuities except under circumstances allowed by the Utah Employee Ethics Title 67, Chapter 16, Utah Code, as amended.
Section 4.07.050 Attendance
Regular attendance and punctuality are essential to providing high quality work, service to customers, and to avoid extra work for fellow employees. Therefore, when the employee is going to be late or will not be able to report to work, the employee must notify his/her Supervisor prior to the scheduled work time. If the employee is ill or has an emergency, he/she should notify a Supervisor (immediate Supervisor preferred) as soon as possible on each day of absence.
Section 4.07.060 Appearance
The Agency reserves the right to expect its employees to present a favorable impression during any contact with the public. All employees are expected to maintain a neat and clean personal appearance. Standards of dress shall be appropriate to the job and the tasks to be accomplished.
Section 4.07.070 Smoking
In compliance with the Utah Indoor Clean Air Act smoking is not permitted in City of Milford facilities. City of Milford also prohibits smoking in City of Milford owned vehicles.
Section 4.07.080 Personal Use of City of Milford Office Items
1. Computer Equipment.
A. Personal use of City of Milford owned computer systems is permitted only by authorized personnel and when all of the following criteria are met.
1. The use offers an opportunity for the employee to increase the employee's job-related knowledge and skills.
2. The employee is not compensated for the work performed, unless the employee has received prior written approval by the Mayor, or designee.
3. The employee pays for the cost of consumable and other attendant expenses (diskettes, paper, computer on-line/access charges, etc.).
4. The employee uses the computer system after hours, or on the employee's personal time.
5. The employee does not use the computer system for permanent storage of data.
6. The use does not conflict with the employee's City of Milford responsibilities or normal City of Milford business.
7. The use has been approved by the Mayor, or designee.
B. All software stored on, and developed on City of Milford owned computer equipment is the property of City of Milford and may be viewed/reviewed by the Mayor or designee at any time.
C. No pornography or sexually explicit material shall be purposely accessed, stored, or viewed/reviewed on Milford City owner computer equipment.
2. Postage Meters. No employee shall be allowed to use City of Milford owned postage metering machines at any time for posting and mailing of any material of a personal nature.
3. FAX and Copying Machines. Any employee desiring to use City of Milford owned FAX or copying machines for items of a personal nature may do so after paying for such use at the rate which is in effect at the time of use.
4. Telephone calls.
A. Employees are expressly prohibited from making long distance telephone calls of a personal nature on City of Milford owned telephones.
B. It is expected that all employees will use City of Milford owned telephones for local personal calls judicially. Local telephone calls will be limited to necessity and must not disrupt the carrying out of employee responsibilities.
Section 4.07.090 Purchasing
When a procurement involves the expenditure of federal assistance funds, City of Milford shall comply with all applicable federal laws and regulations.
1. Purchase Orders (Form Number 39).
A. Any purchases require a Purchase Order filled out with approval as follows prior to the purchase:
Mayor $ 1,000.00
City Council members $ 100.00
City Manager $ 600.00
City Recorder $ 100.00
Treasurer $ 100.00
Foreman $ 100.00
B. Items costing more than $1,000.00 shall require a request for bids.
Section 4.07.100 Time Cards
1. All employees of City of Milford are required to maintain an accurate and legible record of all their hours worked for City of Milford on Time Cards (Form Number 32).
2. Time cards will be signed and dated by the employee, and forwarded to the City Manager, as directed for review and payment.
Section 4.07.110 Credit Cards
City of Milford credit cards shall be used for official business only, and shall not be used for the personal convenience of an employee.
Section 4.07.120 Outside Activities
City of Milford employees shall not use City of Milford owned property in support of outside interests and activities when such use would compromise the integrity of City of Milford or interfere with the employee's duties. Specifically, an employee who is involved in an outside activity such as a civic organization, church organization, committee unrelated to City of Milford business, public office, or service club, shall:
1. Pursue the outside activity on the employee's own time.
2. Pursue the outside activity away from City of Milford offices.
3. Discourage any phone, mail or visitor contact related to the outside interest at City of Milford offices.
4. Arrange for annual leave or compensatory time off in advance to pursue the outside interest during business hours.
5. Except as provided in Section 4.07.080, not use data processing equipment, postage metering machines, copiers, other City of Milford owned equipment or supplies for the outside interest.
Section 4.07.130 Political Activity
An employee shall not be coerced to support a political activity, whether funds or time are involved.
1. An employee shall not engage in political activity during work hours, unless on approved leave.
2. An employee shall not use City of Milford owned equipment, supplies or resources, and other attendant expenses (diskettes, paper, computer online and access charges, etc.) when engaged in political activity.
3. An employee shall not use, discriminate in favor of or against, any person or applicant for employment based on political activities.
4. An employee shall not use the employee's title or position while engaging in political activity.
Section 4.07.140 Secondary Employment
1. City of Milford employment is primary.
A. Employment with City of Milford shall be the employee’s primary employment. City of Milford employees are permitted to engage in secondary or outside employment under the following guidelines. Outside employment must not be of a type that would reasonably give rise to criticism or suspicion of conflicting interests or duties.
B. Employees are required to provide written notification to the Mayor, or designee, using the Employee’s Notice of Secondary Employment (Form Number 17) before starting any secondary or outside employment. This notification should include the following information:
1. The employer’s name, business name, and business address.
2. A general overview of the type of business engaged in by the secondary employer.
3. The specific duties engaged in by the employee at their secondary employment.
2. City of Milford’s approval process.
A. The Mayor, or designee, shall review the information contained in the Employee’s Notice of Secondary and determine whether the employee’s secondary employment is approved or denied. Factors to consider include, but are not limited to, the following:
1. That the secondary employment reasonably articulates some factor or factors which could negatively impact their employment with City of Milford. For example, that the secondary employment could reasonably be expected to be too physically or mentally draining on the employee.
2. That the secondary employment could invoke a conflict of interest with their employment with City of Milford.
3. That the secondary employment is immoral or unethical.
B. This decision shall be communicated in writing to the employee, using the same Employee’s Notice of Secondary Employment. The employee:
1. Shall abide by that decision.
2. May appeal the decision to the City Council, whose decision shall be final.
3. May voluntarily resign their employment with City of Milford.
4.08.010 General Policy
4.08.020 Types of Disciplinary Action
4.08.030 Causes for Disciplinary Action
4.08.040 Conducting an Investigation
4.08.050 Imposing Disciplinary Action
4.08.060 Appeal Procedures
Section 4.08.010 General Policy
1. It is the policy of the City of Milford that management will inform its employees about what is expected at work, what constitutes employee misconduct, what management and the employee may do to correct any misconduct, and what the employee's rights are if disciplined.
2. It is the responsibility of all employees to observe rules of conduct necessary for the proper operation of City of Milford government. Administrative procedures have been established for the handling of disciplinary measures when required. All such measures shall follow the presentation of charges to the employee.
3. Disciplinary action, up to and including termination, may be imposed for misconduct.
4. Written documentation concerning employee disciplinary action imposed will become a permanent part of an employee’s Personnel Record.
Section 4.08.020 Types of Disciplinary Action
1. Verbal Warning.
A. Whenever grounds for disciplinary action exist, and the City Manager, determines that more severe action is not immediately necessary, the deficiency demonstrated should be verbally communicated to the employee.
B. Whenever possible, sufficient time for improvement should precede additional disciplinary action.
2. Written Reprimand.
A. The Mayor, City Manager or designee, may reprimand an employee for cause. The City Manager, shall furnish the employee with an Employee Written Reprimand Notification (Form Number 18) setting forth the reason(s).
B. A copy of the Employee Written Reprimand Notification (Form Number 18), signed by the Mayor and the employee, shall be permanently placed in the employee's personnel file. If the employee refuses to sign the form; the City Manager, will so state.
A. The Mayor, or designee, may suspend an employee with or without pay for up to, but not exceeding, thirty (30) calendar days for cause.
B. When suspending an employee, the Mayor, or designee, shall follow the due process proceedings hereinafter set forth in paragraph 5 of this section, entitled, “Imposing Disciplinary Action”.
C. On or before the effective date of the suspension, the Mayor, or designee, shall furnish the employee with a written Employee Suspension Notification (Form Number 19) setting forth the reason(s) for suspension.
D. A copy of the Employee Suspension Notification (Form Number 19), signed by the Mayor, or designee, and the employee, shall be permanently placed in the employee's personnel file. If the employee refuses to sign the form; the Mayor, or designee, will so state.
E. An employee on suspension shall be responsible for making full employee contributions to their employee medical insurance benefits.
A. The Mayor, or designee, may demote, or reduce in grade, an employee for cause or provide for reasonable accommodation in appropriate circumstances.
B. When demoting an employee, the Mayor, or designee, shall follow the due process proceedings hereinafter set forth in paragraph 5 of this section, entitled, “Imposing Disciplinary Action”.
C. On or before the effective date of the demotion, the Mayor, or designee, shall furnish the employee with a written Employee Demotion (Form Number 20) setting forth the reason(s) for demotion.
D. A copy of the Employee Demotion Notification (Form Number 20), signed by the Mayor, or designee, and the employee, shall be permanently placed in the employee's personnel file. If the employee refuses to sign the form; the Mayor, or designee, will so state.
A. The Mayor, or designee, may transfer an employee (with the exception of a probationary employee) by furnishing the employee with a written Employee Transfer Notification (Form Number 21).
B. A copy of the Employee Transfer Notification (Form Number 21), signed by the Mayor, or designee, and the employee, shall be permanently placed in the employee's personnel file. If the employee refuses to sign the form; the Mayor, or designee, will so state.
A. The Mayor, or designee, may terminate an employee for cause.
B. When terminating an employee for cause, the Mayor, or designee, shall follow the due process proceedings hereinafter set forth in paragraph 5 of this section, entitled, “Imposing Disciplinary Action”.
C. On or before the effective date of the termination for cause, the Mayor, or designee, shall furnish the employee with a written Employee Termination Notification (Form Number 22) setting forth the reason(s) for demotion.
D. A copy of the Employee Termination Notification (Form Number 22), signed by the Mayor, or designee, and the employee, shall be permanently placed in the employee's personnel file. If the employee refuses to sign the form; the Mayor, or designee, will so state.
Section 4.08.030 Causes for Disciplinary Action
1. Causes for disciplinary action, up to and including termination, may include, but are not limited to, the following:
A. Violation of the laws of the State of Utah or the United States, other than minor traffic offenses.
B. Violation of the code of personal conduct.
C. Conduct which endangers the peace and safety of others or poses a threat to the public interest.
D. Unjustified interference with work of other City of Milford employees.
L. Failure to maintain skills.
M. Inadequate performance of duties.
N. Unauthorized absence.
O. Falsification or unauthorized alteration of records.
P. Violation of City of Milford policies.
Q. Falsification of employment application.
R. Discrimination in hiring, assignment, or promotion.
S. Sexual harassment.
T. Violation of the Personnel Policies and Procedures.
U. Use of alcohol or drugs, other than medication prescribed by a physician, that affect job performance.
V. Falsifying City of Milford Records.
W. Knowingly marking the time slip of another employee, authorizing one's time slip to be marked by another employee, unauthorized alteration of a time slip.
X. Unauthorized possession of firearms, weapons, or explosives on City of Milford owned property, with the obvious exception of police officers.
Y. Carelessness which affects the safety of personnel.
Z. Threatening, intimidating, coercing, or interfering with fellow employees on the job, or the public at large.
aa. Theft or removal of any City of Milford property or property of any employee from the work area premises without proper authorization.
bb. Gambling or engaging in a lottery at any City of Milford work area.
cc. Misusing, destroying, or damaging any City of Milford property or the property of any employees.
dd. Deliberately restricting output.
ee. Drinking any alcoholic beverage during the workday, or being under the influence of illicit drugs or alcohol during the workday.
ff. Sleeping during working hours, with the obvious exception of fireman employees.
gg. Fighting (verbal or physical) on City of Milford premises.
hh. Any act which might endanger the safety or lives of others.
Section 4.08.040 Conducting an Investigation
1. The City Manager, shall conduct an investigation into the allegations which form the grounds for disciplinary action and then report the findings to the Mayor.
2. During an investigation to determine the facts upon which disciplinary action may be imposed, the Mayor, or designee, may place an employee on administrative leave.
3. Disciplinary action shall not be imposed until an informal pre-disciplinary hearing consisting of the employee, employee’s supervisor and Mayor or designee, with appropriate written notice, has been completed by the Mayor, or designee. The investigation shall include an opportunity for the employee to respond to the allegations.
Section 4.08.050 Imposing Disciplinary Action
1. The Mayor shall conduct disciplinary action in a consistent manner.
2. Each employee shall be afforded prior access to City of Milford’s rules, policies, and procedures.
3. The employee shall receive timely notice of the pre-disciplinary meeting, overview of allegations, and potential disciplinary action.
4. Prior to imposing the disciplinary action, the employee shall have the opportunity to review the disciplinary action with the Mayor and City Manager, or designee. The employee shall have the opportunity to respond to the allegations. The employee's written response, if any, and other related documents shall be placed in the employee’s personnel file.
5. In determining the type and severity of the disciplinary action, the Mayor, or designee, may consider aggravating and mitigating circumstances such as: the repeated nature of misconduct; prior disciplinary action imposed; the severity of the misconduct; the employee's work record; the effect on City of Milford operations; and/or the potential of the misconduct to harm person(s) or property.
6. For disciplinary action other than a verbal reprimand, the City Manager, or designee, shall notify the employee, in writing, of the findings of the investigation. The written statement shall include:
A. The grounds for disciplinary action, including a description of the specific misconduct for which the disciplinary action is being imposed.
B. Any prior disciplinary action imposed.
C. The disciplinary action to be imposed.
D. The effective date and duration of the disciplinary action.
E. The corrective action necessary for the employee to avoid further disciplinary action.
7. Suspension, demotion, transfer, or termination of an employee shall require the approval of the Mayor.
8. The Mayor, or designee, may note the disciplinary action on their personal notes at the time the disciplinary action is imposed and/or on the employee’s performance evaluation form.
Section 4.08.060 Appeal Procedures
1, Probationary employees have no appeal rights.
2. Department heads have no appeal rights.
3. Employees have no ”verbal warning” appeal rights.
4. Employees have no “written reprimand” appeal rights.
5. Appealing to an Appeals Board. Upon written receipt of an Employee Transfer or Termination Notice, some employees have the right to first appeal the disciplinary process and action imposed by the Mayor, or designee, to an Appeals Board (exceptions include Probationary Employees, Department Heads, Police Department Employees, and Fire Department Employees):
A. An employee must submit their written notice of appeal to City of Milford’s City Manager within ten (10) days or an employee will be deemed to have waived all appeal rights.
B. The Appeals Board shall be made up of five (5) members.
1. Two (2) of the members will be from City of Milford’s City Council. The Appeals Board Chairperson will be one of City of Milford’s City Council members.
2. Three (3) of the members will be employee representatives. Employee representatives will be elected by popular vote. Each City of Milford employee will vote for three (3) employee representatives from City of Milford’s employees. The top three (3) vote getters will become the employee representatives. If sufficient City of Milford employee representatives are not available, comparable members may be chosen from the community who are mutually agreeable to both City of Milford and the employee.
C. If the Appeals Board overturns the Employee Disciplinary Action:
1. The Appeals Board may also reinstate any loss of pay associated with the Employee Disciplinary Action.
2. The City Manager, shall remove the record of the disciplinary action from the employee’s personnel file.
d. If the Appeals Board upholds the Employee Disciplinary Action, the employee may then appeal to the City Council.
6. Appealing to City of Milford’s City Council. Upon written receipt of an Employee Suspension, Demotion, Transfer, or Termination Notice, some employees have the right to appeal the disciplinary process and action imposed by the Mayor to City of Milford’s City Council (exceptions include Probationary Employees, Department Heads, and eligible employees who must first appeal to an Appeals Board in accordance with 6.E. above):
A. An employee must submit a written notice of appeal to City of Milford’s clerk within ten (10) days or an employee will be deemed to have waived all appeal rights.
B. If City of Milford’s City Council overturns the Employee Disciplinary Action:
1. City of Milford’s City Council may also reinstate any loss of pay associated with the Employee Disciplinary Action.
2. The City Manager, shall remove the record of the disciplinary action from the employee’s personnel file.
C. If City of Milford’s City Council upholds the Employee Disciplinary Action, an employee has no additional appeal rights.
4.09.010 General Policy
Section 4.09.010 General Policy
1. Employees who perceive that they have a grievance against City of Milford should exhaust the administrative procedure set forth in the body of this policy before addressing their grievance through any other forum. An employee may file a grievance about any perceived work related injustice or oppression resulting from an act occurrence, omission, condition, or unfair labor practice. Issues addressable throughout the grievance process include, but are not limited to:
A. Employee-supervisor relationships.
B. Duty assignments not affecting job classification.
C. Shift and job location assignments.
D. Working conditions.
E. Practices affecting granting of leave.
2. Grievances should be resolved at the lowest administrative level possible. Employees and supervisors shall attempt to resolve grievances informally by discussing the grievance issues before any formal written grievance is filed. Each employee pursuing a formal grievance must prepare and submit a separate written grievance/appeal. Written grievances shall contain, at a minimum, the following information:
A. Name of the employee.
B. Date the occurrence or action underlying the grievance occurred.
C. Nature of the grievance.
D. Historical information related to the grievance.
E. Requested Resolution.
F. Signature of the employee filing the grievance and date filed.
3. Employees will be allowed a reasonable amount of time during work to prepare written grievances. Employee grievances must be filed within ten (10) days of the occurrence or event giving rise to the grievance, or within ten (10) days of the employee’s acquiring knowledge of the occurrence or event giving rise to the grievance.
4. At each level of the grievance process, after an administrator has received an employee grievance, the administrator shall have ten (10) working days to respond in writing to the grievance.
5. If an administrator is unable to answer the grievance within the specified time period due to exigent circumstances, the administrator may take an additional ten (10) working days to answer the grievance if they notify the employee in writing of the exigent circumstances and that the extension is being exercised. If the grievance remains unresolved or the decision is considered unacceptable, the employee may appeal the decision to the next level of appeal.
6. Absent exigent circumstances, if the supervisor fails to respond within the allotted time, the employee may proceed to the next level of appeal.
7. Only the issues presented in the original grievance may be considered throughout the appellate process. A grievance and any necessary appeals shall be processed through the following chain of command, if applicable:
A. Immediate supervisor.
B. Department head.
C. City Manager.
E. City Council.
8. The decision of the City Council constitutes the final level of appeal and is final and non-appealable.
Section 4.09.020 Confidentiality
Written Grievance Forms (Form Number 23) shall be private data under the Government Records Access Management Act of the State of Utah. The Mayor or City Council may declare the grievance documents to be confidential and/or order the entire record, or any part of it, sealed.
Section 4.09.030 Filing
1. No document relating to a grievance shall be placed in the employee’s personnel file.
2. If any disciplinary action against an employee is rescinded as a result of the grievance process, the City Manager, shall remove the record of the disciplinary action from the employee's personnel file.
3. If any disciplinary action against an employee is modified as a result of the grievance process, the unmodified record of the disciplinary action shall be removed from the employee's personnel file and the modified record of the disciplinary action shall be placed in the employee’s personnel file.
Termination of Employment
4.10.010 Types of Termination
4.10.020 Required Notice Prior to Termination
4.10.030 Termination Procedures
Section 4.10.010 Types of Termination
Any involuntary termination or termination of an employee who may feel “pressured into a voluntary termination”, also known as a “constructive termination”, should be reviewed with legal counsel before termination is pursued or a resignation is accepted to ensure the employee’s “due process” property rights are not violated.
1. Retirement. Retirement is acceptable as long as it is truly voluntary. The purpose of City of Milford’s retirement program is to provide employees with income benefits upon completion of successful careers.
2. Voluntary Resignation. When an employee wishes to leave City of Milford, they will complete a Notice of Voluntary Resignation Form (Form Number 24) and present it to the City Manager.
3. Resignation, in Lieu of an Involuntary Termination, Agreement. The Mayor, or designee, may conclude that an employee should be involuntarily terminated for no reason (for probationary employees and Department Heads) or for cause. If Involuntary Termination proceedings have begun, but have not been completed, and an employee suggests that they would like to voluntarily resign, the Mayor may agree to a Resignation In Lieu Of An Involuntary Termination Agreement (Form Number 25).
4. Involuntary Termination. The Mayor, or designee, may conclude that an employee should be involuntarily terminated for no reason (for probationary employees and Department Heads) or for cause.
5. Reductions in Force/Layoffs. Whenever it is necessary to reduce the number of employees in City of Milford because of lack of work or lack of funds, City of Milford may attempt to minimize layoffs by readjustment of personnel through reassignment of duty in other work areas.
6. Medical. The American’s with Disabilities Act (ADA) prohibits illegal discrimination by an employer against an "otherwise qualified individual with a disability." Consequently, an employee should not be terminated for medical reasons without prior consultation with legal counsel.
7. Death. If an employee of City of Milford dies, their estate receives all pay due and any earned and payable benefits (such as payment for compensation time, annual leave, and/or sick leave) as of the date of death.
Section 4.10.020 Required Notice Prior to Termination
1. All employees, including “at-will” employees, must notify City of Milford at least two (2) weeks before retiring or voluntarily resigning to be eligible:
A. To receive pay for unused, accrued vacation leave (if applicable).
B. For rehire.
2. City of Milford does not have a requirement to give any prior notice to an employee before terminating their employment with City of Milford. When City of Milford terminates their employment, City of Milford will determine whether any pay for unused, accrued vacation leave (if applicable) will be paid to the terminated employee.
3. Unused, accrued vacation leave (if applicable) will always be paid for termination’s of employment involving Reductions in Force/Layoffs, Medicals and Deaths.
Section 4.10.030 Termination Procedures
1. A Notice of Voluntary Resignation Form (Form Number 24), signed by the employee and the Mayor, or designee, may be utilized in Voluntary Resignations.
2. Involuntary Termination’s/Separations for Cause require City of Milford to provide their terminating employees with written notification of due process. “At-Will” Involuntary Termination’s (for probationary employees and department heads) do not require City of Milford to provide their terminating employees with written notification of due process.
3. A Resignation In Lieu of an Involuntary Termination Agreement (Form Number 25), signed by the employee and the Mayor, or designee, may be utilized in negotiated termination’s. A Resignation In Lieu of an Involuntary Termination Agreement does not require City of Milford to provide their terminating employees with written notification of due process.
4. The following steps should be taken for Voluntary Retirements:
A. Employees who desire retirement should notify City of Milford three months in advance.
B. City of Milford should communicate the status of each employee's retirement benefits. Upon request for retirement benefits, City of Milford should notify the administrator of the retirement program and the appropriate state and federal regulatory agencies.
C. City of Milford should carefully explain to the employee what the options are (such as Cobra and Retirement Plan Options).
D. City of Milford should give the employee ample time to review the retirement plan.
E. City of Milford should have the employee sign a release, or at least a declaration statement, to the effect that they are electing retirement of their own free will.
5. The following steps should be taken for Reductions in Force/Layoffs:
A. Determine whether City of Milford is required to follow statutory guidelines related to the reduction in force/layoff. If City of Milford is required to follow statutory guidelines; policy, procedure and actual practice must comply with said guidelines.
B. If City of Milford is facing a possible reduction in labor force, City of Milford should explain the situation to its employees, advising them of the possibility that reductions in force/layoffs may become an economic necessity for City of Milford.
C. In the selection of employees for City of Milford’s reduction in force/layoff, the following guidelines should be considered:
1. Selection should be based upon the employee's ability to perform the work assignments within the affected department.
2. Seniority should govern the selection when ability is equal.
3. Emergency, temporary, and probationary employees should be laid off first.
4. Permanent employees should be the last to be laid off, when possible, in inverse order of their length of service.
5. Before any reduction in force/layoff, City of Milford should determine whether it is subject to the requirements of the Worker Adjustment and Retraining Notification Act, 29 U.S.C. 2101, et seq.
6. Milford City should carefully explain to the employee what the options are such as Cobra and Retirement Plan options.
7. If City of Milford cannot give advanced notice of a reduction in force/layoff to the employee, two weeks severance pay may be given in lieu of notice for a bona fide reduction in force/layoff.
D. Written reductions in force/layoffs notices should contain the following information:
1. Statement of reason for layoff.
2. Anticipated date of layoff.
3. City of Milford’s option regarding employee placement in another position.
6. Outstanding Pay.
A. Arrange for distribution of any paychecks which may be due the employee, including pay for any hours worked but not paid; pay for unused, accrued vacation leave (if applicable).
B. Under Utah State law, the required timing of the final payment at termination is:
1. A Voluntary Resignation. Within one (1) workday of effective resignation date.
2. An Involuntary Termination/Separation for Cause. Within one (1) workday of last day worked.
7. The terminating employee will return any supplies or equipment, which are the property of City of Milford, to City of Milford at termination.
8. All terminating employees should complete an Exit Interview Form (Form Number 26) with the City Manager. The Exit Interview Form should be signed by the employee and the City Recorder.
Section 4.10.040 Cobra
Any employee that is separated from City of Milford is entitled to a continuation of insurance coverage per the mandates of the Consolidated Omnibus Budget Reconciliation Act of 1985 or COBRA plan as stated in the City of Milford’s COBRA Notification (Form Number 27).
1, Federal Public Law 99-272 (which became effective July 1, 1986 and is known as COBRA) requires that all employers of 20 or more full time employees offer a continuation of group insurance coverage to individuals who fall under one of the following "qualifying events":
A. Termination of employment (other than for gross misconduct), for a maximum continuation period of eighteen (18) months.
B. Reduction of work hours below eligibility requirement, for a maximum continuation period of eighteen (18) months.
C. Dependent coverage terminated due to death of employee, for a maximum continuation period of thirty six (36) months.
D. Divorce or legal separation from employee, for a maximum continuation period of thirty six (36) months.
E. Spouse or dependent of Medicare eligible employee, for a maximum continuation period of thirty six (36) months.
F. Dependent child who ceases to be a dependent under the generally applicable requirements of the group plan, for a maximum continuation period of thirty six (36) months.
2. Under the Act, a qualifying individual is entitled to continued group insurance coverage identical to that which is provided to similarly situated beneficiaries to whom a qualifying event has not occurred. Individuals who are entitled to continued benefits under COBRA guidelines are required to pay the entire premium required under the policy during the entire period of the continued coverage. The premium a qualifying individual will be required to pay may not exceed one hundred and two percent (102 %) of the applicable premium, for any period of continued coverage. Failure to pay the monthly premium will result in a cancellation of the insurance.
3. The insurance benefits offered under the COBRA guidelines will be terminated if and when any of the following occur:
A. A qualifying individual fails to pay the premium at the time it is required.
B. A qualifying individual becomes eligible for coverage under any other group insurance plan due to employment or remarriage.
C. At the expiration of a qualifying individual’s maximum continuation period.
4. The offer of continued insurance coverage under COBRA is made independent of any other offer to continue insurance that may be required under any applicable state law.
5. A qualifying individual has sixty (60) days from the termination date of their current coverage to decide whether to continue their insurance coverage under this plan. If they decide to apply for the continued coverage, all due and owing premiums must be paid before coverage will be granted. If they fail to apply for coverage within the sixty (60) days, they will have waived their rights to continuation of coverage under the COBRA guidelines. They are not required to apply for or accept coverage under COBRA.
4.11.010 General Policy
4.11.030 Personnel Files Requirements
4.11.040 Other Files Requirements
4.11.050 Federal Labor Standards Act (FLSA) Minimum Wage Requirements
4.11.060 Other Requirements
Section 4.11.010 General Policy
Federal law requires employers to keep detailed data about their employees.
Section 4.11.020 Confidentiality
Employee records are maintained in compliance with the law.
1, Confidentiality must be maintained at all times with access limited to employees and their supervisory chain.
ge created on 11/12. City of Milford’s policy is that only relevant, job?related information is maintained on its employees, that such information is held in strict confidence, and that access is limited only to those who require it for legitimate business reasons.
3. Employees have the opportunity to review their own files in the presence of the City Manager, on Milford City premises during regular business hours.
Section 4.11.030 Personnel Files Requirements
A. Personnel files are maintained on each employee and kept by the City Manager. The record copy (original) of all appropriate personnel information, as set forth hereafter, related to an employee shall be filed in the employee's personnel file.
B. No information from any record placed in an employee's personnel file will be communicated to any person or organization except by the Mayor, or their designated representative.
C. Employees, or their representative designated in writing, may examine the employee's personnel file upon request during normal working hours at City of Milford. When a Supervisor requires access to the personnel file of an employee under their supervision for the handling of personnel matters, the supervisor must obtain authorization from the Mayor, or City Manager.
A. An employment record; including the employee’s job application, resume, interview forms, Employment Eligibility Verification (Form I-9), Employee’s Withholding Allowance Certificate (Form W-4), etc.
B. A signed copy of the employee's acknowledgment of receiving a copy of the personnel policies and procedures manual; and the performance standard for the position the employee currently occupies.
C. Election form to disclose or keep confidential, the employee’s home address and home telephone number.
D. All personnel action forms, including:
1. Performance evaluations.
2. Promotions or transfers.
3. Salary rate changes.
4. Disciplinary action taken. The employee will be asked to sign the disciplinary action form. If the employee refuses to sign this form; the Mayor, or designee, will so state.
E. Any information the employee wants included in response to any of the above actions.
F. Records of citations for excellence or awards for good performance.
G. Annual records of any leave accrued and taken. Official records of vacation and sick leave accrual and of leave usage are kept for employees by the City Manager. Leave balances are shown on the official record to reflect any remaining leave to which an employee is entitled. Employees may check with the City Manager, to obtain information regarding their current leave usage.
H. Record of any other pertinent information having a bearing on the employee's status.
3. Employee Information/Change of Employee Status. Employees are responsible for ensuring that personal employee information contained in their personnel files is current and accurate. Employee information (any change in number of dependents, marital status, address, telephone number, etc .) should be updated by completing an Employee Information/Change of Status Form (Form Number 28) and giving it to the City Manager, to file in their personnel file.
4. Giving References. City of Milford limits information given in a reference to the following:
A. Verification that the employee worked, full or part? time, for City of Milford during a stated period.
B. A description of the position held.
C. Verification that the employee achieved a given salary range.
Section 4.11.040 Other Files Requirements
Records related to the items listed below should be kept for a period of at least one (1) year. In addition, records should be examined annually to keep the files current and to save those records that management feels should be kept longer.
1. Job applications.
2. Test papers completed by job applicants or candidates for any position.
3. Results of any pre?employment physical exam and mobility exams should be kept for a period of at least four (4) years.
4. Any advertisements or notices relating to job openings, promotions, training programs, or opportunities for overtime work.
5. Records of promotion, demotion, transfer, selection for training, layoff, rehire, or termination of any employee. These should also be signed by the employee.
Section 4.11.050 Federal Labor Standards Act (FLSA) Minimum Wage Requirements
City of Milford should keep the following data on all employees for a period of at least two (2) years.
1. Employee's sex;
2. Time and day work week begins;
3. Hours worked each day and total hours worked each week;
4. Total daily or weekly straight?time earnings;
5. Total additions to, or deductions from, wages paid each pay period, including an explanation of items that make up additions and deductions;
6. Date of payment and pay period covered; and
7. Total overtime above regular compensation for work week.
Section 4.11.060 Other Requirements
There are record keeping requirements under other federal and state laws over which the personnel record keeping function has jurisdiction:
1. OSHA record of injuries.
2. ERISA record of pensions.
3. IRCA requires verification of status forms to be kept for three (3) years after the person is hired or for one (1) year after employment is terminated, whichever is later.
4.12.010 General Policy
4.12.020 Performance Plans
4.12.030 Performance Standards
4.12.040 Performance Ratings
4.12.050 Performance Periods
Section 4.12.010 General Policy
1. Performance evaluations will consist of a review between the supervisor and the employee using City of Milford’s Performance Evaluation Form (Form Number 29) .
2. It is the policy of City of Milford that employee evaluations be conducted in a manner, which will ensure fair treatment and an objective evaluation of employee performance.
3. Goal setting is critical for the development of performance plans and standards.
4. Goals define in broad terms the underlying purpose of a given activity or set of activities.
5. Objectives specify what should be achieved during an employee’s employment with City of Milford.
6. There are certain fundamental principles, which govern the establishment of goals, objectives, and performance standards.
A. Participatory Goal Setting. In setting goals and objectives of employees, the supervisors should seek to involve employees in the process.
B. Outline Results to be Achieved. There should be room for flexibility. The supervisor should discuss with the employee how much will be done, when it needs to be completed, and what resources will be required.
C. Relate to Organizational Objectives and Goals. In the process of initially formulating performance plans, each employee should be provided with the larger picture and how their work contributes to the organization. This is the responsibility of each supervisor.
D. Define Objectives. Objectives must be clearly defined and understood by both employees and their supervisors. There must be clear agreement on resources to be made available, periodic reviews and other related control activities.
E. Give Support. Employees should understand that they will be fully supported by their supervisors in pursuing the achievement of the mutually agreed upon objectives and standards.
Section 4.12.020 Performance Plans
1. When time and circumstances permit, supervisors should complete a written performance plan with their new employees prior to their assignment to their work stations. When circumstances do not permit, supervisors should complete a written performance plan with their new employees as soon as possible given the existing constraints. Performance planning is a continuing and collaborative process in which employees and their supervisors:
A. Jointly identify objectives for the next performance evaluation period.
B. Define priorities and performance standards for the next performance period.
C. Compare progress against expectations and revise the plan, when necessary.
2. The performance plan shall include goals and objectives, mutually acceptable performance standards, and a prioritization of goals and objectives.
3. Both employees and their supervisor shall sign the performance plan. The employee shall receive a copy from their supervisor who shall retain a copy.
Section 4.12.030 Performance Standards
1. Performance standards and expectations shall be established for each employee. Employees shall participate in the establishment of performance standards and expectations relevant to their jobs.
2. Employees shall be advised of how they are performing in relation to established standards.
3. Performance evaluations are an ongoing process which requires that supervisor and subordinates meet periodically to discuss achievements, review performance and mutually agree on strategies to eliminate performance deficiencies. This ongoing process culminates in the written evaluation at the end of the annual performance evaluation period.
4. Employees shall be made aware of the time frames and actions to be taken to improve performance and to increase the value of service.
5. Employees shall know what role their supervisors shall play in providing them with assistance toward improved performance.
6. Under no circumstances should employees be allowed to prepare their own performance evaluation. It is the responsibility of the employee’s supervisor to prepare performance evaluations.
7. Employees shall have the right to prepare relevant comments to accompany their evaluations.
Section 4.12.040 Performance Ratings
1. Each employee evaluation shall provide an overall performance rating which can be equated to one of the following:
A. Unsatisfactory. Performance fails to meet the minimum requirements of the position. Unsatisfactory progress has been made in response to corrective action. Removal from the job/position or termination is recommended.
B. Marginal. Performance does not meet all requirements of the job/position. Some unsatisfactory progress has been made in response to corrective action.
C. Satisfactory. Performance meets all requirements of the job/position.
D. Good. Performance exceeds all requirements of the job/position.
E. Exceptional. Performance consistently far exceeds all requirements of the job/position.
Section 4.12.050 Performance Periods
A. Employees on probation shall have a performance evaluation at the end of the six (6) month probationary period.
B. The performance evaluations may be used to provide information to both the employee and management regarding the employee’s performance.
C. Probationary employees should understand that their performance evaluations and the results of such evaluations shall not obligate City of Milford to a particular course of action relative to probationary employees, nor shall it create any property/due process rights for probationary employees relative to their jobs/positions.
A. Performance evaluations will be completed annually on the employee's anniversary date. An employee's anniversary date is defined as their first day on the job with City of Milford.
B. Although a salary adjustment never automatically follows a performance evaluation, the performance evaluation will be included as a component of any future compensation increase.
Section 4.12.060 Confidentiality
1. Completed performance evaluations shall permanently remain in the employee’s personnel file and become a part of the private information of that file.
2. Performance evaluations may be used in decisions concerning advancement, future training needs, performance related salary adjustments and contested disciplinary actions.
4.13.010 General Policy
4.13.020 Employment Classifications
4.13.030 Employment Status
4.13.040 Work Week
4.13.050 Work Days
4.13.060 Work Hours
4.13.080 Breaks and Lunch Periods
4.13.090 Compensation Time
4.13.100 Overtime Pay
4.13.110 Daily Logs or Time Sheets
Section 4.13.010 General Policy
City of Milford will pay at least minimum wages and overtime to all employees except those who are specifically exempt from minimum wage and overtime under the Fair Labor Standards Act (FLSA)of 1938. City of Milford will also provide equal pay to all employees doing similar work which requires substantially equal skill, effort, and responsibility and are performed under similar working conditions in accordance with the Fair Labor Standards Act of 1938 and the Equal Pay Act of 1963.
Section 4.13.020 Employment Classifications
There are four classifications of employees within City of Milford:
1. Full-time. An employee hired for an indefinite period in a position for which the normal work schedule is thirty (30) hours per week. Full-time employees may or may not qualify for specific City of Milford benefits.
2. Part-time. An employee hired for an indefinite period in a position for which the normal work schedule is less than thirty (<30) hours per week. Part-time employees do not qualify for City of Milford benefits.
3. Temporary. An employee hired for a position which is required for only a specific, known duration, usually less than six (6) months. Temporary employees do not qualify for City of Milford benefits.
4. Summer. An employee hired for a position which is required only for the summer months, typically June through September. Summer employees do not qualify for City of Milford benefits.
Section 4.13.030 Employment Status
To facilitate provisions of the Fair Labor Standards Act, employees shall also be classified as either exempt or non exempt, with respect to eligibility for overtime payment. They shall be defined as:
1. Exempt. Positions of a managerial, administrative, or professional nature, as prescribed by Federal and State Labor Statutes shall be exempt from minimum wage and mandatory overtime payment regulations.
2. Nonexempt. Positions of a clerical, technical, or service nature, as defined by Federal and State Labor Statutes, which are covered by provisions for minimum wage and mandatory overtime payment regulations.
Section 4.13.040 Work Week
1. Begins on Saturday at 0001 hours.
2. Ends on Friday at 2400 hours.
3. Employees engaged in public safety activities, such as Police and Fire Departments: As directed by the Mayor, or designee.
Section 4.13.050 Work Days
1. Full Time: Monday - Friday.
2. Part Time: As directed by the Mayor, City Manager or designee.
3. Employees engaged in public safety activities, such as Police and Fire Departments: As directed by the Mayor, or designee.
Section 4.13.060 Work Hours
1. Full Time:
Office 8:00 a.m. - 3:00 p.m.
Crew 7:00 a.m. – 3:30 p.m.
2. Part Time: As directed by the Mayor, City Manager or designee.
3. Employees engaged in public safety activities, such as Police and Fire Departments: As directed by the Mayor, or designee.
Section 4.13.070 Attendance
Employees shall be in attendance at their work stations during normal working hours.
Section 4.13.080 Breaks and Lunch Periods
A. Breaks: Two (2) optional fifteen (15) minute paid breaks during a standard work day. Breaks can not be used to extend the lunch period or to shorten an employee’s work hours.
B. Lunch period: One (1) hour unpaid lunch period during a standard work day.
2. Part-time: As directed by the Mayor, City Manager or designee.
3. Employee breaks and lunch periods will be taken at the discretion of the Mayor, or their supervisor, to ensure continuity in the flow of work.
4. If employees choose to work through their paid breaks, it is their decision to do so and no extra compensation will be given for the extra time worked.
5. Employees engaged in public safety activities, such as Police and Fire Departments: As directed by the Mayor, or designee.
Section 4.13.090 Compensation Time
1. Employees may receive compensatory time off in lieu of overtime pay at Milford City’s discretion. The Mayor, or designee, reserves the right to schedule when an employee’s accrued compensation time off will be used. Written employee requests, to use their accumulated compensation time during specific dates and times, must be approved by the Mayor, or designee, who shall honor the requests unless granting the compensation time off would create a substantial hardship for Milford City.
2. The law requires that after certain types of employees have accumulated specific maximum amounts of compensatory time during any work period, overtime must be paid.
A. For employees engaged in public safety activities, such as Police and Fire Departments with five (5) or more employees; not more than four hundred eighty (480) hours of compensatory time may accrue.
B. For employees engaged in public safety activities, such as Police and Fire Departments with less than five (5) employees; the FLSA does not apply and, therefore, they may accrue an unlimited amount of compensatory time.
C. For employees not engaged in public safety activities; not more than two hundred forty (240) hours of compensatory time may accrue.
3. Compensation time will be accumulated at the regular hourly rate of one (1) hour for every hour worked, during regular, non-overtime hours worked.
4. Compensation time will be accumulated at the overtime rate of one and one-half (1 and ½) hours for every hour worked, for all overtime hours worked.
Section 4.13.100 Overtime Pay
1. For employees engaged in public safety activities, such as Police and Fire Departments with less than five (5) employees; the FLSA does not apply and, therefore, overtime pay shall not be paid for any hours worked in any work period.
2. For employees not engaged in public safety activities; overtime pay would apply for over eight (8) hours worked in a work day, and shall be compensated at the rate of one and one-half (1 and ½) the regular hourly rate of the employee.
3. For employees not engaged in public safety activities; if a holiday, vacation, or sick day falls within a work week, the employee must work forty (40) hours over and above these hours before overtime must be paid. If an employee works on a holiday because of an emergency situation, they will:
A. Receive their regular straight-time pay for the time worked, plus holiday pay.
B. Or, with approval of the Mayor, or designee, be allowed to take the holiday off at a later date.
4. Overtime shall be approved by the City Foreman, City Manager, or designee, before worked. Overtime shall be authorized for personnel only when absolutely necessary to provide requested services.
5. Violation of this policy may result in disciplinary action, up to and including termination.
(Ord. Ordinance 6-2001, Amended, 02/09/2001)
Section 4.13.110 Daily Logs or Time Sheets
Each employee is required to maintain and sign, as verification of accuracy, daily logs or time sheets (Form Number 32) showing all hours worked, including overtime, and to submit the daily logs or time sheets to their immediate supervisor for examination. These daily logs or time sheets will then be filed in the employee's personnel file.
4.14.010 General Policy
4.14.020 Pay Plan Development and Allocation
4.14.040 Merit Increase
4.14.050 Selective Salary Adjustment
4.14.060 Longevity Increase
4.14.070 Cost of Living Adjustment
4.14.090 Order of Salary Calculation
Section 4.14.010 General Policy
The City Manager, in conjunction with the City Council, shall be responsible for the development and maintenance of a uniform and equitable pay plan for City of Milford which shall consist of minimum and maximum rates of pay for each position and such intermediate steps as deemed necessary and equitable. Salaries shall be linked directly to the position classification plan and shall be determined with due regard to the following considerations:
1. Ranges of pay for other positions.
2. Prevailing rates of pay for similar employment in both public and private organizations.
3. Cost of living factors.
4. Other benefits received by employees.
5. The financial policy and economic conditions of City of Milford.
Section 4.14.020 Pay Plan Development and Allocation
1. The City manager, shall conduct a study of salary levels of comparable positions in the public and private sector and shall make adjustment recommendations to the City Council every year. Implementation of adjustments are subject to the availability of funds.
2. The City Manager, shall assign each position level to a pay range based upon the levels' relationship to other levels as defined in the position level plan and by market data.
Section 4.14.030 Appointment
1. Pay for newly hired employees shall normally be set at the minimum of the pay range assigned to a job class. However, the Mayor with the concurrence of the City Council, may approve hires up to the range of midpoint, as warranted by job qualifications and experience subject to the availability of funds.
2. The Mayor shall not authorize hiring above the midpoint of a pay range except in unusual circumstances and with prior approval from the City Council.
Section 4.14.040 Merit Increase
1. The Mayor, upon approval of the City Council, shall adopt merit increase guidelines effective July 1 of each fiscal year subject to funding in the approved budget.
2. Permanent full-time and part-time employees are eligible to receive a merit increase.
3. Temporary, seasonal, or probationary employees at or above the pay range maximum and employees whose performance is rated less than successful, shall not be eligible to receive a merit increase.
4. A part-time employee is eligible to receive a merit increase in the same amount of elapsed calendar time on the job as a full-time employee.
5. The City Foreman, City Manager or designee, must complete an employee's performance evaluation within thirty (30) days preceding the effective date of a merit increase.
6. A merit increase shall not exceed the range of maximum assigned to a position level.
Section 4.14.050 Selective Salary Adjustment
1. The City Manager may recommend a selective salary adjustment in order to mitigate an inequity caused by merit increase freeze or other similar circumstances.
2. The City Manager shall submit a written rationale supporting the recommendation to the City Council.
3. A selective adjustment is subject to the availability of funds and guidelines established by the City Council.
Section 4.14.060 Longevity Increase
1. The City Council may grant a longevity increase not to exceed 4% to a career service employee who has been paid at or above the range maximum for at least one year, provided the employee has received a successful or outstanding performance rating and has been employed by City of Milford for at least eight (8) years.
2. An employee whose salary exceeds the range maximum is eligible to receive a longevity adjustment no more frequently than every five years after the initial longevity adjustment. Any subsequent longevity increase shall not exceed 4%.
3. An employee is eligible to receive a maximum of five (5) successive 4% adjustments beyond the range maximum. (Longevity scale maximum).
Section 4.14.070 Cost of Living Adjustment
When the City Council grants a cost-of-living adjustment (COLA) which exceeds an across-the-board pay plan adjustment, the COLA shall not exceed the new range maximum or the new longevity scale maximum for an employee in longevity status.
Section 4.14.080 Promotion
1. At the discretion of the City Council, a minimum 2% and a maximum of 4% salary increase shall be granted to an employee receiving a promotion. If the new salary is below the minimum of the new range, it shall be increased to the new minimum.
2. The City Manager, with the concurrence of the City Council, may approve an increase up to the midpoint of the new range when a promotion results from a competitive recruitment to a new position level. Such an adjustment shall be based on exceptional qualification and subject to the availability of funds.
Section 4.14.090 Order of Salary Calculation
Multiple categories of pay increases awarded simultaneously shall be calculated in the following order:
1. Cost of living adjustment.
3. Selective adjustment.
Section 4.14.100 Reassignment
Except when due to a demotion or a disciplinary action, an employee who is reassigned shall be paid the same salary received prior to the assignment.
Section 4.14.110 Reclassification
1. If the City Council reclassifies a position to a higher level, the City Council shall adjust the incumbent's salary to at least the minimum of the new range and may give a 0-4% salary increase, based upon increased responsibility.
2. A reclassification increase is subject to the availability of funds.
3. If the City Council reclassifies a position to a lower level, the incumbent's salary shall remain the same. If the incumbent's salary exceeds the maximum of the new range, or provided the individual meets longevity status criteria, the longevity scale maximum, the incumbent is ineligible to receive a salary increase until the salary range or longevity scale increases to incorporate the incumbent's pay rate. An employee is ineligible to receive cost-of-living increases until the salary range increases.
Section 4.14.120 Demotion
If an employee is demoted, either voluntarily or involuntarily, the City Manager may treat the employee's salary according to paragraph 11.C. above or reduce the salary.
Section 4.14.130 Benefits
1. Suspended Employee.
A. An employee suspended for disciplinary reasons shall continue to be eligible to receive City of Milford retirement, health, dental, disability and life insurance programs subject to the conditions set forth in paragraph 13. A. (2) below.
B. The employee shall pay the employee portion of insurance premiums to continue coverage through the period of suspension.
2. Part Time Employee.
A. An employee working at least fifty percent (50%) of full time per pay period shall be eligible for benefits in proportion to the number of hours worked.
3. An employee hired or transferred to a position of less than fifty percent (50%) of full time per pay period shall not be eligible for benefits.
4.15.010 Pay Periods
4.15.020 Pay Days
4.15.030 Minimum Wage
4.15.040 Pay Deductions
Section 4.15.010 Pay Periods
The FLSA requires that wages be calculated on a periodic basis consisting of twenty eight (28) days for employees working in public safety activities, such as Police and Fire Department employees, and on a weekly basis for employees not working in public safety activities, unless an exception is granted by the Department of Labor.
Section 4.15.020 Pay Days
The FLSA does not state when employees must be paid. City of Milford’s pay days are as follows:
1. All employees will be paid bi-weekly. Payroll will be made every other Wednesday by 12:00 p.m.
Section 4.15.030 Minimum Wage
The FLSA requires that City of Milford pay an employee at least the minimum wage, as a gross wage, minus the legally required pay deductions.
Section 4.15.040 Pay Deductions
City of Milford is permitted to make deductions authorized by their employees. The following is a checklist of payroll deductions:
1. Itemized Deductions.
1. Social Security.
2. Federal Tax.
3. State Tax.
1. Group Life Insurance.
3. Stock Purchase Plan.
4.16.010 General Policy
4.16.020 Training and Conferences
4.16.030 Travel Policy
Section 4.16.010 General Policy
With prior approval, legitimate expenses will be reimbursed by City of Milford to the employee and upon completion of an Expense Report (Form Number 33). Receipts should be required to reimburse the employee. Reimbursement may be in the form of petty cash, an addition to a paycheck, or a separate check. Records must be kept reflecting the amount of reimbursement each employee has received.
Section 4.16.020 Training and Conferences
If required to attend training seminars, conferences, briefings, or gather information; an employee will be compensated, in addition to paying any tuition or fees, as follows:
1. Week Day Travel. Employees will receive their regular work day pay for travel to, attendance at, and travel from training or conferences on Monday through Friday.
2. Week End Travel. Employees will be compensated at the rate of one and one-half (1 and 1/2) times their regular work day pay if hours worked exceed forty (40) hours in that week.
Section 4.16.030 Travel Policy
1. All travel outside of the City of Milford limits during City of Milford work hours shall be authorized by the City Manager. A log of all such travel exceeding a thirty (30) mile radius of City of Milford shall be kept. This log shall include the reason for the trip, the time the employee departed, and the time the employee returned, and vehicle used. Travel reimbursement shall be requested on Milford City Expense Form (Form Number 33).
2. Travel for legitimate City of Milford purposes in City of Milford vehicles may be authorized when the use of the vehicle does not detract from the operational needs of City of Milford.
3. If travel is outside the range of service of City of Milford’s repair shop, travel costs in conjunction with the use of City of Milford vehicles shall be paid by the employee with receipts being kept for reimbursements.
4. All hotel or other sleeping accommodations and airplane or other travel accommodations shall be arranged in advance for overnight trips and paid in advance of the trip. If such payment in advance is not possible, City of Milford shall reimburse to the employee the cash amount of the cost of such sleeping and travel accommodations after receiving the appropriate receipts to verify that the employee has expended their own money for such purposes. Failure to produce a receipt in such circumstances will necessitate the withholding of reimbursement. Receipts for hotel accommodations shall be turned into City of Milford by the employee as a verification of attendance no matter what the form of payment.
5. Use of an employee's personal vehicle may be authorized when circumstances warrant. The employee shall keep track of the mileage associated with the approved travel and submit a request for reimbursement to the City Manager based upon this record. The mileage rate will be consistent with the established rate used for Internal Revenue Service travel deductions. In lieu of reimbursement for mileage and the assignment of City of Milford vehicles, specific City of Milford employees may be authorized a monthly travel allowance, according to regulations approved by the City Council.
6. All registration fees, etc., will be paid in advance by check. If this is not possible, the employee will be reimbursed for their own expenditure for registration fees, etc. after presentation of a valid receipt in conjunction with previously authorized travel.
7. The amount of forty two dollars ($42.00) shall be granted as the maximum daily per diem allowance for City of Milford employees engaged in travel on the City of Milford's behalf. No per diem shall be authorized for spouses of employees or others traveling with the employee at their own expense. (The City Manager, however, may authorize the cost of a double rather than a single hotel room to accommodate the travel of a spouse with an employee.) Receipts shall not be required for per diem advancements unless the employee requests reimbursement above the authorized amount.
8. Travel that requires less than a full day shall be compensated by the following specific per diem allowances:
A. Breakfast: $ 10.00 maximum.
B. Lunch: $ 12.00 maximum.
C. Dinner: $ 20.00 maximum.
D. These amounts may be either advances after submission and approval of travel request, or reimbursed after presentation of receipts.
(Ord. Ordinance 3-2005 Travel Policy, Amended, 05/03/2005)
4.17.010 Workers Compensation
4.17.020 Social Security/FICA
4.17.040 State and Federal Unemployment
4.17.050 Continuing Education
4.17.060 Retirement System
Section 4.17.010 Workers Compensation
1. All employees are covered by workers’ compensation which provides medical reimbursement and disability benefits for job-related illness or injury. An employee does not accrue benefits while receiving workers’ compensation payments. For exact compensation coverage check the workers’ compensation contract on file with the City Manager.
2. Employees may use accrued vacation or sick leave to make up the difference between workers’ compensation benefits and their base pay.
3. Medical Attention. An employee who sustains a bona fide, on-the-job injury may seek medical attention from the medical facility of their choice. They must tell the doctor, HOW, WHEN and WHERE the accident occurred. The doctor will complete a medical report and copies of this report should be sent within seven (7) days to the insurance carrier, the Industrial Commission, and to the injured worker. (Do not submit doctor or hospital bills for on-the-job injuries or illness to the regular medical plan.)
4. Initial Reporting of Illness or Injury. Reporting the accident or illness is critical to qualification for payment under workers’ compensation. If an employee is injured while on the job, no matter how minor, the circumstances should be reported to the Mayor immediately. After Form 122 is filled out, a copy must be sent to the insurance carrier and a copy must be sent to the Industrial Commission within seven (7) days of the date of the injury.
5. Reporting while off the Job. While on leave because of a bona fide, on-the-job injury or illness, an employee must contact their supervisor or the City Manager to report on their condition. Failure to provide the required medical status reports may result in revocation of the leave and/or immediate termination.
6. Return to Service. All employees must return to work after the approval of the attending physician. A statement from the attending physician stating the employee is able to resume normal duties will be required before returning to work. Failure to return to work when directed may result in immediate termination. An employee who is able to return to work in light duty status may be required to work in a different department and perform duties not contained within their current job classification.
7. At the time of final release or settlement of a workers’ compensation claim, if no vacancy exists; and, if a reasonable effort, which has proven to be unsuccessful, has been made to place the employee in another position, they may be terminated and paid any accrued benefits due to them.
Section 4.17.020 Social Security/FICA
All employees whether regular, part-time, or temporary are covered by the benefits of Old Age, Survivors and Disability Insurance as provided for by law. Contributions of the employee and City of Milford will be made in accordance with the provision of the law.
Section 4.17.030 Insurance
1. Medical Health Insurance. It is the policy of the City of Milford to pay the cost of health insurance for each individual full-time employee and their family.
2. Life Insurance. A basic life insurance policy is provided free of charge for each employee at City of Milford’s expense. This is included in the package with the health insurance.
3. Insurance Termination, Transition, and Conversion.
A. Termination. When an employee is terminated from employment with City of Milford, City of Milford will cease making contributions to the employee’s insurance plans.
B. Transition. In cases requiring longer than three months, arrangements may be made with the City Manager for the employee to pay the additional premiums required. Both Medical/Health Insurance and Life Insurance may be converted on termination in accordance with the terms of the individual policies. This is, however, an individual responsibility that should be made by direct contact between the individual employee and City of Milford.
1. The Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985 is available for those employees who resign or are terminated from employment or if work hours are reduced which makes the employee no longer eligible to participate in the state group health insurance plans. Employees may have the right to continue to participate in a COBRA program through the state for up to eighteen (18) months at the employee's expense, subject to current state and federal law.
2. Eligible dependents may also extend coverage, at their expense, for up to thirty?six (36) months in state health insurance plans in the event of the employee's death, divorce, legal separation, or entitlement to Medicare benefits, or when a child ceases to be eligible for coverage as a dependent under the terms of the plan, subject to current state and federal law.
Section 4.17.040 State and Federal Unemployment
All employees whether regular, part-time, or temporary are covered by the benefits of State & Federal Unemployment. Contributions of the employee and City of Milford will be made in accordance with the provision of the law.
Section 4.17.050 Continuing Education
Employees are encouraged to obtain continuing education through attendance at job related seminars. Requests for attendance must be approved in advance by the Mayor and City Council.
1. Required by City of Milford. When City of Milford requires an employee to attend any education or training course, conference, seminar, or certification course, City of Milford will provide the necessary time off with pay and will reimburse the employee for all associated costs including tuition or registration fees, authorized travel, meals, and lodging.
2. Encouraged by City of Milford. Employees are encouraged to further their education and training in areas that will enhance their job performance. Upon advance approval by the Mayor and City Council, and upon successful completion of relevant training courses, employees shall be reimbursed for tuition fees, materials, and other necessary and approved expenses upon presentation of proper receipts. Proof of successful completion will include one of the following:
A. A certificate indicating successful course completion, if applicable.
B. A grade point average of 2.0 or higher on a 4.0 (A, B, C, D) scale.
C. A grade of pass on a pass/fail grading system.
Section 4.17.060 Retirement System
Additional details are available from the City Manager.
1. All full time City of Milford employees are covered by the Utah State Retirement Systems, unless otherwise authorized by the City Council according to State Law. (This is in addition to their Social Security coverage). A regular employee is one employed in a position requiring at least twenty (20) hours of service per week for a minimum of nine (9) consecutive months, or one employed in a position requiring at least thirty (30) hours of service per week for a minimum of four (4) consecutive months. Each eligible employee is required to enroll in this program by the beginning of their fifth (5th) month of employment.
2. The cost of this program is paid for by City of Milford and the employee in the percentages set by action of the City Council.
Family and Medical Leave Act
4.18.010 General Policy
4.18.030 Leave Options
4.18.040 Notice and Medical Certification Requirements
4.18.050 Benefits and Employment Status
Section 4.18.010 General Policy
If, at any time, City of Milford has at least 50 employees, this Family and Medical Leave Act (FMLA) policy will be in effect.
1. The Family and Medical Leave Act of 1993 requires many employers, including “public agencies” to provide up to a total of twelve (12) work weeks of unpaid leave during any twelve (12) month period for “eligible” employees at the time of the birth or adoption of a child or at the time of a serious health condition affecting the employee or a family member.
2. A single “public agency” is further defined under Section 3(x) of the Federal Labor Standards Act to include City of Milford.
3. A ‘serious health condition’ is an illness, injury, impairment, or physical or mental condition that involves inpatient care in a medical facility or continuing treatment by a health care provider.
4. “Intermittent leave” or a “reduced leave schedule” for medical reasons can be taken under this policy “when medically necessary”. Intermittent leave or a reduced leave schedule to care for a new child can be taken only if the employee and Milford City mutually agree to that arrangement.
A. Intermittent leave is leave that is not taken consecutively.
B. A reduced leave schedule is a leave schedule that reduces the usual number of hours per work week or hours per work day.
Section 4.18.020 Eligibility
To be “eligible” for FMLA leave, an employee must:
1. Have been employed for at least twelve (12) months by the employer.
2. Have been employed for at least one thousand two hundred fifty (1,250) hours of service with that employer during the previous twelve (12) months.
3. Be employed by an employer who employs at least fifty (50) people within a seventy five (75) mile radius around the worksite.
Section 4.18.030 Leave Options
At either the employee’s or employer’s option, certain kinds of paid leave may be substituted for unpaid leave.
Section 4.18.040 Notice and Medical Certification Requirements
When an employee notifies Milford City of their request for FMLA leave, Milford City will provide the employee with an Employer Response to Employee Request for Family and Medical Leave Form (Form Number 45 - WH-381. Milford City may require the employee to provide advanced leave notice and medical certification. Employees who are required to provide medical certification will use a Certification of Physician or Practitioner Form (Form Number 46). Additionally, FMLA leave may be denied if the following requirements are not met:
1. The employee ordinarily must provide thirty (30) days advance notice when the leave is “foreseeable”. When this is not possible, the employee should provide such notice as is possible.
2. The employee may be required to provide the employer with medical certification to support a request for FMLA leave because of a serious health condition. If the employer requires a second or third opinion, they will both be at the employer’s expense.
3. A fitness for duty report is required before an employee returns to work with the employer.
Section 4.18.050 Benefits and Employment Status
1. During the FMLA leave, the employer must maintain the employee’s health benefits coverage under any “group health plan” that the employee has with the employer.
2. The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s FMLA leave. However, no seniority or other benefits will accrue during the FMLA leave.
3. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
Leave of Absence
4.19.010 Absent Without Leave
4.19.020 Vacation Leave
4.19.030 Holiday Leave
4.19.040 Personal Leave
4.19.050 Maternity Leave
4.19.060 Injury Leave
4.19.070 Emergency Leave
4.19.080 Military Leave
4.19.090 Jury Leave
4.19.100 Administrative Leave
4.19.110 Funeral Leave
4.19.120 Leave Without Pay
4.19.130 Documentation of Leave
Section 4.19.010 Absent Without Leave
1. Any unauthorized absence of an employee from duty shall be grounds for disciplinary action, up to and including termination, by the Mayor or designee.
2. Any employee who is absent for three (3) or more consecutive work days without authorized leave shall be deemed to have voluntarily resigned their position and employment without notice. Where extenuating circumstances are found to have existed, however, such absence may be covered by the Mayor or designee by subsequent grant of leave with or without pay as the circumstances dictate.
Section 4.19.020 Vacation Leave
1. Each permanent, full-time employee who has worked for a continuous period of one month, shall accrue annual leave with pay on the basis of an eight hour day, five days per week depending on years of service. Vacation will be accumulated beginning on the hire date.
A. Vacation will be accumulated at the following rates.
Accrual Rate Days Earned
Years in Service Days/Month Per Year
1 .5 day 6 days
2-4 1 day 12 days
5-9 1.25 days 15 days
10-14 1.5 days 18 days
15+ 1.75 days 21 days
B. Accruing Vacation Time: An employee may accrue a maximum of 1 1/2 times his or her annual vacation. For example, if an employee is entitle to two (2) weeks vacation per year, he or she may accrue up to a maximum of three (3) weeks vacation at any time. However, the employee cannot accrue more than 1 1/2 times his or her annual vacation without losing the vacation time accrued beyond the maximum allowable amount.
2. New employees shall accrue annual leave from the date of hire, but they shall not be eligible to use accrued leave until satisfactorily completing the probationary period and have been promoted to permanent status, unless otherwise specified, the minimum probationary period shall be six (6) months.
3. Persons hired on an emergency, part-time, seasonal, temporary or contract basis shall not accrue annual leave.
4. A holiday which falls during an employee's annual leave shall be counted as a paid holiday and not as annual leave.
5. An employee who is separated from employment shall be compensated for all accrued annual leave.
6. All annual leave requests should be submitted a reasonable time in advance of the desired time off to their supervisor. If an excessive (being the number of requests if granted that would render the department or organization ineffective) amount of employees request leave for the same time period it shall be granted in order of application (first-come-first-served) at the discretion of the supervisor.
7 Official vacation records will be maintained and kept current by posting at least once per month by the City Manager.
Section 4.19.030 Holiday Leave
1. Holidays which apply to full time employees are:
A. New Year's Day - January 1st
B. Human Rights Day - 3rd Monday in January
C. President's Birthday - 3rd Monday in February
D. Memorial Day - Last Monday in May
E. Independence Day - July 4th
F. Pioneer Day - July 24th
G. Labor Day - 1st Monday in September
H. Columbus Day
I. The option of either 1st Monday of the Deer Hunt or Veterans Day
K. Day after Thanksgiving
L. Christmas - December 25th
2. If any of the above holidays fall on Saturday, then the preceding Friday shall be the holiday. If any of the above holidays fall on Sunday, then the following Monday is the holiday.
3. Part-time employees are not eligible for holidays.
(Ord. Ordinance 7-2002, Amended, 09/19/2002)
Section 4.19.040 Personal Leave
1. Purpose. Personal leave shall not be considered as a privilege which an employee may use at their discretion, but shall be allowed only in case personal need.
2. Use of personal leave. Personal leave may be used at any time with approval of the City Foreman, City Manager and/or Mayor for any of the following reasons:
A. When the employee is unable to perform their regular duties or other temporary work to which they may be assigned.
3. Eligibility. Personal leave shall be available to all permanent employees and probationary employees. Seasonal, temporary, provisional, and emergency employees are not eligible for personal leave. Personal leave will not be granted to employees during their first ninety (90) calendar days of employment, except for emergency circumstances.
4. Accrual. Personal leave is accrued at the rate of one (1) day per month or twelve (12) days per year. The employee will begin to accrue personal leave immediately upon being hired by City of Milford. Personal leave shall not accrue if an employee is in a leave-without-pay status. Personal leave shall accrue to a maximum of ninety (90) days. Records will be kept by the City Manager.
5. Use. Personal leave shall be charged against employees in not less than one (1) hour increments. Advance personal leave is not allowed.
6. Termination. An employee who is terminated shall not be compensated for unused accrued personal leave unless termination is due to the qualified retirement plan of Milford City then the following shall apply upon approval of the Milford City Council:
A. One-third of the accrued leave balance at the employees last pay rate will be converted to a monetary allowance based on the hourly rate at the time of retirement.
B. Monetary allowance will be converted to paid up insurance elibility to the qualified insurance plan of Milford City at the time of retirement.
A. In order to qualify for personal leave payments, an employee must notify the City Manager or Supervisor, no later than one (1) hour after normal starting time on each day of absence unless the circumstances surrounding the absence make such notification impossible. The City Manager, should also be kept advised of the employee’s progress and expected date of return to duty.
B. Any absence for illness beyond accrued personal leave will result in the employee being carried on annual leave status until all annual leave has expired, then be carried in a leave-without-pay status.
8. Certification of Illness. For personal leave in excess of three (3) consecutive working days, or if abuse of personal leave is indicated, the City Manager, may require a certificate from the attending physician stating that such illness prevented the employee from working.
9. Reporting Absences. An employee will be paid only when the employee (or a member of his immediate family if the employee is incapacitated) notifies the Mayor, Supervisor, or designee, within one (1) hour after the employee's scheduled reporting time. Continued reporting for more than a one-time absence will be accomplished as directed by the Mayor, or designee. The City Manager, may request a doctor's release any time they question the reasonableness of an absence of one (1) day or more. This type of request should be the exception, not the rule.
(Ord. Ordinance 4-2001, Amended, 02/09/2001)
Section 4.19.050 Maternity Leave
1. An employee who becomes pregnant , or whose legal or common law spouse becomes pregnant, may continue working, prior to the birth of the child, until such time as the employee can no longer satisfactorily perform the essential functions of their duties. The Mayor, or designee, may grant an employee annual vacation leave, sick leave, and/or leave without pay for this period of absence. Regulations governing annual vacation leave, sick leave, and leave without pay will apply.
2. During a maternity leave period in excess of thirty (30) calendar days, an employee’s annual vacation leave, sick leave, and/or time toward their performance evaluation, if applicable, shall not accrue.
3. Milford City may fill vacancies created by maternity leave with temporary or provisional appointments. At the expiration of the maternity leave, the employee shall return to the same position, where feasible, or to a similar position. Failure of the employee to return to work at the expiration of maternity leave shall be considered a voluntary resignation of their position and employment without notice.
Section 4.19.060 Injury Leave
Any employee injured on the job, however slightly, must report the fact immediately to their supervisor or the City Manager. It shall be the duty of the injured employee's supervisor, or the City Manager, to obtain information regarding the accident or injury and to complete and submit such reports as are required by the Mayor. Unused personal leave or vacation leave may be granted in accordance with applicable rules and regulations. During injury leave periods, vacation leave, personal leave, or time toward yearly performance evaluation shall not accrue, unless an exception is granted by the Mayor, with approval of the City Council. However, injury leave for periods greater than six (6) months shall in no case be granted. Furthermore, eligibility for such leaves requires conformance with all workmen's compensation regulations.
Section 4.19.070 Emergency Leave
The City Manager, may allow a permanent or probationary employee reasonable time off, not to exceed three (3) working days with pay, in case of an emergency. Time will be charged to personal leave. The City Council shall have the authority to grant longer leaves in unusual circumstances in which an emergency exists. During an emergency leave period in excess of thirty (30) calendar days, vacation leave, personal leave, or time toward yearly evaluation shall not accrue.
Section 4.19.080 Military Leave
A permanent employee shall be granted leave with compensation for the difference in salary for active duty, for service in the National Guard or in the Armed Forces reserves for the purpose of fulfilling annual field training. Paid military leave shall not exceed ten (10) working days in any one (1) calendar year. (Utah State Code 39-3-1 & -2). Any compensation, including travel and expense allowance, received by the employee must be turned back to City of Milford.
Section 4.19.090 Jury Leave
A employee may be granted leave with full pay when performing jury duty or when required to serve as a witness in any municipal, county, state, or federal court, or before an administrative tribunal. Any compensation, including travel and expense allowance, received by the employee must be turned back to City of Milford. Paid leave will not be granted when the employee is serving as his own witness in financial and related suits which he has initiated.
Section 4.19.100 Administrative Leave
1. While performing authorized duties. A permanent or probationary employee may be granted administrative leave with pay to perform authorized duties in connection with City of Milford business, attend trade or professional meetings which relate to official duties, participate in recognized and authorized training programs, or facilitate the needs of City of Milford.
2. Pending possible disciplinary action. A permanent or probationary employee may be granted administrative leave with pay pending the outcome of an investigation undertaken to determine if disciplinary action against the employee is warranted.
Section 4.19.110 Funeral Leave
The City Manager, shall grant an employee up to three (3) days per year of funeral leave with pay to attend the funeral of the employee's spouse, child, step-child, daughter or son-in-law, parent, step-parent, grandchild, mother or father-in-law, sister or brother-in-law, grandparent, spouses' grandparent, brother or sister. Such leave shall not be charged against accrued sick or annual leave.
Section 4.19.120 Leave Without Pay
1. The Mayor, or designee, may grant an employee leave without pay for a specified period of time, not to exceed one (1) year. At the expiration of the leave without pay, the employee shall return to the same position, where feasible, or to a similar position. Failure of the employee to return to work at the expiration of leave without pay shall be considered a voluntary resignation of their position and employment without notice.
2. A leave without pay shall not constitute a break in service. However, during a leave without pay period in excess of thirty (30) calendar days, an employee’s annual vacation leave, sick leave, and time toward their performance evaluation, if applicable, shall not accrue.
3. Leave without pay shall be granted:
A. For education purposes when the employee’s course of study will be of direct benefit to Milford City, their absence will not be a hardship for their department, and the employee agrees to return to work at the end of the leave without pay period.
B. To attend funerals not covered by the funeral leave policy.
C. To attend to an ill or injured member of the employee’s immediate family when the absence is not covered by sick leave.
4. Employees are expected to apply for leave without pay in advance and in writing, providing as much detail about the absence as possible so that the Mayor, or designee, may decide where the leave without pay is warranted.
Section 4.19.130 Documentation of Leave
Some of the above absences must be supported by a copy of the official paperwork causing the absence. Such paperwork must be submitted to the Mayor, or their designated representative, as soon as possible. In some cases where official paperwork is not available, the Mayor, or their designated representative, may request that the employee supply additional information in writing to support the absence.
4.20.010 General Policy
4.20.020 Property Use of City of Milford Equipment and Tools
Section 4.20.010 General Policy
The following general safety rules will apply in all agency work places. Each work unit may prepare separate safety rules applicable to the specific nature of work in their area but not in conflict with these rules.
1. Proper licensing and extreme caution are required by all employees operating any type of power equipment.
2. Employees will use safety equipment appropriate to the job, such as safety glasses, gloves, toe guards, back supports, and hard hats, if required or appropriate to the work performed.
3. Employees will avoid wearing loose clothing and jewelry while working on or near equipment and machines. Long hair will be properly secured.
4. All accidents, regardless of severity, personal or vehicular, shall be reported immediately to the supervisor/manager.
5. Defective equipment will be reported immediately to the supervisor or Mayor.
6. Employees will not operate equipment or use tools for which licensing and training has not been received.
7. In all work situations, safeguards required by State and Federal Safety Orders will be provided.
8. Due to the potential risk of serious injury or death, employees are prohibited from entertaining, or caring for, guests or family members in or around inherently dangerous work areas. These areas include, but are not limited to:
A. Road repair.
B. Construction areas.
C. Vehicle maintenance areas.
D. Swimming pools.
E. Animal control.
F. Power plants.
Section 4.20.020 Property Use of City of Milford Equipment and Tools
The use of City of Milford equipment or tools for private purposes is strictly prohibited. However, reasonable use of City of Milford tools and equipment to protect property and preserve life is authorized.
1. Employees shall be required to attend training provided by City of Milford; including an explanation of job hazards, safety procedures and training on all equipment, tools, etc., necessary for the accomplishment of the employee's job description. Employees may attend additional training as approved by City of Milford.
2. A commercial driver's license (CDL) is required for operators of commercial motor vehicles. No individual shall be allowed to operate such vehicles unless they have a current commercial drivers license in their possession. This license is required pursuant to the Commercial Motor Vehicle Safety Act, signed into law on October 27, 1986. Employees must renew their commercial drivers license at four year intervals.
3. Operators and passengers in a business?use vehicle equipped with seat belts must wear them when the vehicle is in operation, and all employees operating vehicles shall observe all local traffic laws.
4. Employees shall keep the agency vehicles which are used by them clean, presentable, and serviceable. Employees receiving car allowances shall also keep their vehicles clean, presentable, and serviceable.
4.21.010 General Policy
4.21.020 Posting UOSHA Notices
4.21.030 Inspection Procedures
4.21.040 Accident Reporting Procedures
Section 4.21.010 General Policy
'It is the policy of City of Milford to maintain an environment which is free from any recognizable hazard which is likely to cause death or serious injury to any employee through open communication with all employees.
Section 4.21.020 Posting UOSHA Notices
City of Milford will post all required UOSHA notices in conspicuous places (such as employee bulletin boards or where similar notices are usually posted). Employees may obtain additional information from the City Manager when they have questions about any of the standards which are provided under UOSHA.
Section 4.21.030 Inspection Procedures
All employees should follow the procedures listed below in the event an inspector from UOSHA presents themselves on the job site.
1. If an inspector arrives on the job site, an employee should understand that they are not authorized to offer any information requested by the inspector.
2. The employee will inform the inspector that the employee will contact the City Office who will notify the proper individual to accompany the inspector during any inspection.
3. The City Manager should make sure that all employees know who they are required to contact, including all alternates, in the event an UOSHA inspector shows up on the job site.
4. If the UOSHA inspector does not reveal the appropriate credentials at the outset of the inspection, the City Manager or designee, should ask the inspector to reveal his credentials and should then examine them before allowing an inspection of the job site.
5. The Mayor, or designee, should not refuse an inspection of the job site where the inspector does not have a warrant to inspect. The inspector will usually have no trouble obtaining a warrant for an inspection. Refusing to allow an inspection may create a negative atmosphere which may be more harmful to City of Milford. This may result in harsher penalties if violations are discovered by the inspector.
6. If the credentials are appropriate, and before beginning the inspection, the Mayor, or designee, should ask the inspector the reason the inspection is being conducted. If it is routine, no further requests are required. If the inspection was due to an employee complaint, the Mayor, or designee, should request a copy of the complaint. This will help City of Milford correct any safety problems (Under no circumstances should the information received on an employee complaint be used for disciplinary action toward an employee as this type of action is prohibited by law).
7. The Mayor, or designee, should accompany the inspector during the entire inspection of the job site.
8. The Mayor, or designee, should take notes throughout the entire inspection. The Mayor, or designee, should note every comment and observation made by those participating in the inspection. The Mayor, or designee, accompanying the inspector should not volunteer any unsolicited information.
Section 4.21.040 Accident Reporting Procedures
1. Employees who are injured in connection with employment, regardless of the severity of the injury, must immediately notify the City Manager or their supervisor, who will ensure prompt and qualified medical attention is provided and all required UOSHA reports are completed. Employees who do not and/or will not accept qualified medical attention when directed by the City Recorder, or designee, shall be subject to disciplinary action, up to and including termination.
2. The City Manager, will investigate the job related injury to determine the cause of the injury.
3. City of Milford shall contact UOSHA within twelve (12) hours of the occurrence of any job related death, disabling, serious, or significant injury, and/or any occupational disease.
4. City of Milford shall file the required report with UOSHA within seven (7) days after first knowledge or notification of an injury or occupational disease resulting in medical treatment, loss of consciousness, loss of work, restriction of work, or transfer to another job. Minor injuries such as scratches and cuts do not need to be reported to UOSHA if they require only minor first?aid treatment.
5. City of Milford shall keep a copy of the UOSHA report in their UOSHA File.
6. City of Milford shall give the employee a copy of the UOSHA report and explain the employee’s rights and responsibilities concerning the work related injury or occupational disease.
7. If an employee later dies as a result of a work related injury, City of Milford shall file a report with UOSHA within seven (7) days of first knowledge or notification of the death.
Confined Space Entry
4.22.010 General Policy
Section 4.22.010 General Policy
City of Milford shall have a written confined space entry policy, if required in accordance with Volume 29 Code of Federal Regulations 1910.146.
Section 4.22.020 Requirements
When required, the written confined space entry policy shall include at least the following:
1. Annual training on confined space issues.
2. A review of potential confined spaces.
3. A permitting system for entering permit-required confined spaces.
4. A rescue plan for managing confined space incidents.
5. Protocols for managing contractors doing work in City of Milford’s confined spaces.
6. A list of the appropriate personal protective equipment and hardware (hoists, winches, gas monitors, respirators, and ventilation gear) required for safe entry and exit.
Disaster Response Plan
4.23.010 General Policy
4.23.020 Employee Disaster Notification
4.23.030 Natural Disaster Response Plan (Wind, Water, Fire Earthquake, Volcano)
4.23.040 Man Made Disaster Response Plan (Nuclear, Terrorist)
4.23.050 Suspicious Person or Assailant Threats
4.23.060 Telephone Bomb Threats
4.23.070 Mail Letter and Package Bomb Threats
4.23.080 Suspicious Article Threats
Section 4.23.010 General Policy
City of Milford has developed the following Disaster Response Plan using, in part, a Disaster Response Planning Guide (Form Number . All employees will be expected to adhere to this Disaster Response Plan to the maximum extent possible and practicable.
Section 4.23.020 Employee Disaster Notification
1. Supervisors are responsible for notifying all Milford City employees of the disaster response action to be taken in the event of a disaster or pending disaster, if possible.
2. Notification for Milford City employees will be made using a wiring diagram developed by the Mayor, or designee.
Section 4.23.030 Natural Disaster Response Plan (Wind, Water, Fire Earthquake, Volcano)
Following a Natural Disaster:
1. Employees already at work will assess the disaster and take whatever evasive action is deemed necessary, within the law, to protect themselves, their fellow employees, and the public in general.
A. Employees will report to the Mayor, or designee, as soon as practical and await instructions.
B. Use of all Milford City vehicles, equipment, tools, and office items, including telephones and computers, will be used only as directed by an employee’s supervisor during an emergency situation.
C. Employees will be allowed to contact their families as soon as their supervisor can allow this action to be taken.
2. Employees not at work will assess the disaster and take whatever evasive action is necessary, within the law, to protect themselves and their families.
3. Employees not at work will contact the Mayor, or designee, as soon as practical for further instructions.
Section 4.23.040 Man Made Disaster Response Plan (Nuclear, Terrorist)
Following a Man Made Disaster:
1. Employees already at work will assess the disaster and take whatever evasive action is deemed necessary, within the law, to protect themselves, their fellow employees, and the public in general.
A. Employees will report to their immediate supervisor, or their next level supervisor, as soon as practical and await instructions.
B. Use of all Milford City vehicles, equipment, tools, and office items, including telephones and computers, will be used only as directed by an employee’s supervisor during an emergency situation.
C. Employees will be allowed to contact their families as soon as their supervisor can allow this action to be taken.
2. Employees not at work will assess the disaster and take whatever evasive action is necessary, within the law, to protect themselves and their families.
3. Employees not at work will contact the Mayor, or designee, as soon as practical for further instructions.
Section 4.23.050 Suspicious Person or Assailant Threats
1. Be Prepared. Milford City has developed the following procedures to be followed in the event that a suspicious person or assailant is in the area:
A. Employees will use the “Sir Name” of the Mayor, or designee, that they are addressing, repeated again, to alert the Mayor, or designee, of a threatening situation. An example following this procedure would be: “Mr. (Last name of the Mayor), Mr. (Last name of the Mayor), could you please come to the front desk”.
B. Employees will physically signal to supervisors or employees that a threatening situation exists. An example following this procedure would be: “An employee would momentarily rub both of their ears with both of their hands at the same time”.
2. Be Observant. Milford City has developed a Suspicious Persons or Assailants Identification Checklist (Form Number 48) for employees to use. Features and physical characteristics that employees can remember about suspicious persons or assailants will greatly help local law enforcement officials in the apprehension of suspects.
Section 4.23.060 Telephone Bomb Threats
1. Be Calm and Courteous to the caller. Employees will notify the Mayor, or designee, using a prearranged signal while the caller is on the line. An example following this procedure would be: “Throwing a pencil or other small item near the Mayor, or designee, followed by rapidly waving the arm to get their attention. The employee will communicate with the Mayor, or designee, by using or passing notes. The employee will not attempt to talk to the Mayor, or designee, by putting their hand over the phone and talking or whispering.
2. Be Attentive. Milford City has developed a Telephone Bomb Threat Checklist (Form Number 49) for employees to use. Voice characteristics, background noises, and bomb threat details that employees can remember about suspicious persons or assailants will greatly help local law enforcement officials in the apprehension of suspects.
Section 4.23.070 Mail Letter and Package Bomb Threats
1. Be Cautious. Visually assess the letter or package and inform the Mayor, or designee, or anything unusual. It is always better to be safe than sorry!
2. Be Careful. Milford City has developed a Mail Letters and Packages Bomb Recognition Checklist (Form Number 50) for employees to use. Unusual weight, shape, or other details that employees can remember about suspicious persons or assailants will greatly help local law enforcement officials in the apprehension of suspects.
Section 4.23.080 Suspicious Article Threats
Be Alert. Report all suspicious articles to the Mayor, or designee. Do not touch, pick up, shake, or attempt to move, any articles of a suspicious nature.