City of Clinton Employee Handbook

Approved by City Council 7-98
Revisions May 2002 - to date

1.  RECRUITING AND BASIC EMPLOYMENT RULES

  A.   EQUAL EMPLOYMENT OPPORTUNITY:   It is the policy of the City that race, color, religion, sex, age or national origin is not and will not be considered in any personnel or management decision. There is further, a continuing commitment for affirmative action that will implement Equal Employment Opportunities which shall include, but not be limited to:

1. All recruiting, hiring, training, and promoting for all job classifications is done without regard to race, color, religion, sex, age or national origin except when a bona fide occupational qualification exist.  All decisions on employment are made to further the principle of equal employment.

2. All promotion decisions will continue to be made in accordance, with Equal Employment Opportunity principles, and only valid job requirements will be used.

3. All other personnel actions such as compensation, benefits, transfers, layoffs, return from layoffs and City sponsored training will be administered without regard to race, color, religion, sex, age or national origin, except when a bona fide occupational qualification exist.

 B.   AFFIRMATIVE ACTION PLAN:     It is the policy of the City of Clinton to provide equality of opportunity in employment to all persons by means of an Affirmative Action Program.  This policy prohibits discrimination because of race, color, religion, sex, age, national origin, physical and mental disability, political affiliation, marital status or any other non-merit factors in all phases of employment. Failure of an employee to cooperate or perform in a manner consistent with this policy will constitute grounds for disciplinary action including dismissal from the City’s employ.  This policy is consistent and fundamental to the maintenance of effective merit system principles and shall be implemented as an integral part of the City’s personnel system.

 C.   EMPLOYMENT OF RELATIVES:      The City is happy to receive employment applications from relatives of employees.  Relatives will not be employed in the same department; nor will employees be supervised by anyone to whom they are related.  This policy prohibits certain potential conflict-of-interest situations involving employees who are or may become related as follows:

mother, father, husband, wife, son, daughter, brother, sister, grandchildren, grandparents, corresponding in-laws, and step-parent, step-child, half brother, sister, etc.  Exceptions, not in conflict with State Law, may be granted by the City Manager. 

 D.      RE-EMPLOYMENT OF FORMER EMPLOYEES:   Re-employment is solely at the discretion of the City.  If re-employed, the employee will begin accrual of benefits at time of rehire.  Longevity & seniority are generally lost. No benefits shall be provided retroactively.  If an employee is laid off for a period exceeding one calendar year, employee will not be recalled, but may be rehired as a new employee.  If rehired within six (6) months of the last day worked, a pre-employment physical and drug screen will not be required. 

 E.      RULES ARE SUBORDINATE TO STATE LAW, AND RULES OF COURT, CITY CHARTER:    The Employee Handbook is subject and subordinate to State and Federal law and lawfully promulgate rules of Court and the City Charter.  In the event of conflict between the terms of the Employee Handbook and any applicable Oklahoma State Statute, or order of Court, or City Charter, these shall prevail.

F.     HARASSMENT, INCLUDING SEXUAL HARASSMENT:   City of Clinton expects all employees to accomplish their work in a business-like manner with concern for the well-being of their co-workers.  Any harassment of employees by fellow employees is not permitted, and will not be tolerated, regardless of their working relationship.

Employees found to have engaged in discrimination on the basis of race, color, religion, national origin, political affiliation, handicap, age or sex (including sexual harassment) will be counseled and/or disciplined depending on the specific circumstances surrounding the incident.  

Harassment:

1. Verbal, physical or visual conduct, including unequal treatment of an individual, or a racial, ethnic, or other conduct (including personal dislike), which impairs  their ability to perform their job.

2. Unwelcome sexual advances, request for sexual favors and other verbal or physical conduct of a sexual nature when such conduct:

1. Is made explicitly or implicitly a term or condition of employment, or;   

2. Is used as a basis for employment decision, or;

3. Has the purpose or effect of interfering with work performance or creating an otherwise offensive working environment.

Harassment, including sexual harassment, is contrary to basic standards of conduct between individuals and is prohibited by EEOC regulations.  It shall, therefore, constitute a violation of City policy for any employee to engage in any of the acts or behavior defined above.  The City will take corrective action where an employee is determined to have violated this policy.  Such action will include a range of disciplinary measures, up to and including termination.  

Any employee who believes that he or she or some other employee is being, or has been, the subject of harassment of any type by a supervisor, co-worker, representative, agent or client of the City should immediately report the conduct to his/her supervisor or the City Manager, who shall immediately have the incident investigated.

 Individuals are guaranteed freedom from reprisal for filing complaints of harassment.  The City of Clinton Harassment policy is below.

SEXUAL HARASSMENT and DISCRIMINATION POLICY

I.   POLICY:   The policy of the City it to provide a professional, businesslike work environment free from all forms of employee discrimination and harassment.  The City does not condone, and will not tolerate, any harassment or discrimination.  All appointments, promotions, demotions, commendations, disciplinary actions, separations, and other terms and conditions of employment within the City shall be made without regard to race, 

II.  PURPOSE:    To maintain a healthy work environment and provide procedures for reporting, investigation and resolution of complaints of harassment and/or discrimination.  

III.  DEFINITIONS: 

A.  Discrimination - An act, practice, or pattern which has an adverse impact on an identifiable group compared to the impact of the majority group.

  B.   Harassment - Persistently annoying or making offensive or derogatory comments based on race, color, age, handicap, sex, religion, or national origin either directly or indirectly to another person.

C.   Sexual Harassment - (one form of harassment) may include but is not limited to:

1. Sexual comments of a provocative or suggestive nature.

2. Jokes or innuendo’s intended for and directed to another employee;

3. Leaving sexually explicit books, magazines, photographs where other employees  will find them. 

4. Unwelcome demeaning comments, ridicule, offensive language, propositions or other similar actions;

5. Unwanted, unwarranted, unsolicited off-duty telephone calls and contact;

6. Signed or anonymous unwelcome notes or drawings placed on or in desks, or bulletin boards, in lockers;   

7. Deliberately singling out women in front of men co-workers (or vice verse) and subjecting them to demeaning or derogatory remarks;

8. Making acceptance of unwelcome sexual conduct or advances or request for sexual favors of any nature as condition of continued employment;

9. Transferring, demoting, or dismissing employee who refuse sexual advances.

10. Any conduct which has the purpose or effect of unreasonably interfering with an  individuals work performance or creating an intimidating, hostile or offensive  working environment.

D.  Affirmative Action Officer - A person designated by the City Personnel Manager as the responsible party for investigations into violations of EEOC requirements, to include harassment and discrimination. (This person should have training in EEOC, Title VII, Internal Investigation procedures, employee rights, and interviewing.)

 IV.  PROCEDURES:

 A.   An employee who believes he or she has been harassed or discriminated against may contact any supervisor,  or the Affirmative Action Officer to seek assistance in filing a complaint. The employee  will be asked to submit  a detailed memorandum including all pertinent information

1.    If the employee is unable to complete a written statement regarding the incident, then it will  be the supervisor s responsibility to document the report and submit a written  memorandum to the department head.  The complaint will also be forwarded to the Affirmative Action Officer.

2.  Anonymous complaints shall be accepted.  These reports will be documented and forwarded to the  Affirmative Action Officer. 

B.  Employees should report all allegations of sexual harassment immediately, but no later than 365 days after the last  incident.  Such reports will initiate a confidential internal investigation by the Affirmative Action Officer.

1.  The department head shall immediately take action to limit the concerned employees from any  further work contact if possible. 

2.  The department head will insure that there is no reprisal in any form against any complaining   employee or any witness who has assisted in a harassment complaint.

C.  The investigation will be kept confidential to protect the victim and the alleged offender.

 D.  If the allegation involves the immediate supervisor of the employee then the employee may report the incident to any supervisor or to the Affirmative Action Officer.  If the allegations involve the department head or similar senior official, the complainant may present the allegation to the City Manager.

 V.  DISCIPLINE:

A.  When allegations are substantiated immediate disciplinary action shall be taken.  Misconduct of this type shall be deemed serious in nature and appropriate action will be taken immediately up to and including termination.

 B.  The action taken will be made departmental information.  This will include a description of the misconduct  involved and the disciplinary action taken.  (This will only be released upon completion of the investigation.)  The name of the victim will not be released.

 IV.  PREVENTION:

A.  Every supervisor has the responsibility to prevent acts of harassment and/or discrimination, which includes:

1.  Monitoring the work environment on a daily basis for signs that harassment/discrimination may be occurring;

2.  Counseling all employees on the types of behavior prohibited, and procedures for reporting and resolving complaints of harassment/discrimination;

3.  Stopping any observed acts that may be considered harassment, and taking appropriate steps to intervene, whether or not the involved employees are within his/her line of supervision;

B.  Every employee of the City has the responsibility to prevent acts of harassment and/or discrimination through the following acts:

1.  Refraining from participation in, or encouragement of, actions that could be perceived as harassment/discrimination;

2.  Reporting acts of harassment/discrimination;

3.  Encouraging any employee, who confides that he/she is being harassed/discriminated against, to report the acts in accordance with policy. 

  C.  Failure to take action to prevent the occurrence of or stop known harassment or discrimination  will be grounds for disciplinary action.

 VII. CONSENT:

A.  Employees will be required to attend a training session on the City of Clinton Sexual Harassment and Discrimination Policy and then will be required to sign a consent form.

 G.   RIGHTS OF THE CITY:   The rights of the City include, but are not limited to: the exclusive right to determine the mission of its constituent programs, commissions, and boards; set standards of service, determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work, funding or for other legitimate reasons; maintain the efficiency and effectiveness of governmental operations; determine the methods, means, and personnel by which City operations are to be conducted; determine the content of job classification; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.

 H.   EMPLOYEE RIGHTS:   The City of Clinton wishes to provide the best possible working conditions for its employees by making employment decisions without prejudice.  As part of the City of Clinton’s commitment, an open and frank atmosphere is encouraged in which any problem, complaint, suggestions, or question can be discussed fairly and without bias.  Supervisors and management pledge their support to the administration of a grievance process that resolves problems quickly and effectively.

• Each employee shall be guaranteed fair and honest treatment in all aspects of his or her employment.  Supervisors and management shall treat each employee with respect, and shall not grant unfair advantage to one employee over another.

·   Each employee is responsible for following these rules of conduct and other policies and procedures which may be adopted from time to time.

• Each employee is expected to be loyal to the City of Clinton, as their employer, and all employees are expected to use the established grievance procedures to resolve any conflicts.  No employee shall be punished for using any part of the grievance procedures.

I.     MINIMUM STANDARD FOR EMPLOYMENT:     Candidates for job openings with the City will be selected on the basis of merit, ability, competence, experience and satisfactory character and employment references; and in accordance with the City’s non-discriminatory equal employment opportunity policy.

• Candidates for full time employment must have reached their eighteenth (18th) birthday by the first day of work.  Police Officer applicants and City positions where the employee will be serving alcoholic beverages, must be 21 years of age.

• Candidates for employment will be disqualified if they have a felony conviction which may impact their job responsibilities and duties with the City, a pattern of use of illegal drugs or excessive use of alcohol which may impact the performance of their job responsibility and duties.
  

• Candidates for employment will be disqualified when the position conflicts with the Hiring of Relatives Policy.

J.  JOB POSTING POLICY:   Recruitment and promotional announcements shall be publicized by the Personnel Director as may be deemed appropriate for attracting an adequate number of qualified applicants.  All recruiting notices and other publicity material concerning position vacancies shall state that the City is an equal opportunity employer.  

Whenever a job vacancy occurs in any existing job classification, the requesting Department Head shall consider filling vacancies from within the qualified full time employees’, promotion from within from part time qualified employees’, reinstatement of an employee who has lost his position due to reduction in force, or qualified outside applicant.

   Conditional Employment

Pre-Employment Physical and Drug Screen will be required of all candidates recommended for full time and part-time positions. (Not required for seasonal employees.)  The pre-employment physical and drug screens are paid by the City.  For police and fire applicants, the City will pay for the more extensive physicals required for these positions.

Criminal History Record Checks through the OSBI will be required of all first time city employees over the age of 21 years.

NEW EMPLOYEES

New employees will be required to provide the City with a valid drivers license and an original Social Security card.  

New employees will be required to attend various training programs and orientation.

The City of Clinton is required by Federal law to verify the identity and employment eligibility of all persons hired to work in the United States .  New employees will be required to provide documentation sufficient to submit a Federal I-9 form.  The City of Clinton will provide the Social Security Administration (SSA) and, if necessary, the Department of Homeland Security (DHS) with information from each new employee’s Form I – 9 to confirm work authorization.  In order to determine whether Form I – 9  documentation is valid, the City of Clinton uses E-Verify.  The City of Clinton must perform a verification query within three (3) business days of hiring a new employee and may accept only those’ List B’ identity document that contain a photograph..

 K.      EMPLOYMENT APPLICATIONS  - RETENTION REQUIREMENTS:     All employment applications that are received from job applicants will be considered ‘active’ for a period of thirty (30) days from advertised closing date of position.  When employment applications become over thirty (30) days old, they will be filed separately and retained for the period required by law.   When a job applicant is hired, the original employment application shall be placed in the Employees’ Personnel Record.

 L.     EMPLOYEE DEFINITION: POLICY:  City employees may be classified into one or more of the following categories:

1. Employee - Person who receives a wage or salary from the City.

2. Full Time Employee - Employee normally scheduled to work forty (40) hours per week over a five (5) day work week.  In some departments, hours and work days may differ due the nature of the operation and job requirement.
   

3. Part Time Employee - Employee normally scheduled less than 40 hours a week, over a five day period, year round.  The hours per week, and work days, may fluctuate throughout the year due to the nature, operation, and requirements of the job.
   

4. Temporary or Seasonal Employee - Employee whose employment is intended to be of a limited duration such as summer or seasonal work only, but works the customary number of full time hours.  The hours per week, and work days, may fluctuate due to the nature, operation, and requirements of the job.
   

5.  Exempt Employee – An employee who is not subject to the overtime requirements of the Fair Labor Standard Act (Federal Wage-hour Law).  
   

6. Non-Exempt Employee - Employee entitled to overtime pay for work in excess of forty (40) hours (136 hours in 18 day cycle for Fire) in any given work period under the Fair Labor Standards Act. (See also p 30   9. Payroll…C. Reporting Time Worked – Non-Exempt.)

When regular full time employees are required to work extra or prolonged shifts, it shall be authorized in writing by the Department Head.

It is the supervisory responsibility of the Department Heads to assign employees work duties and responsibilities which can normally be accomplished within the eight (8) hour work day and forty (40) hour work week period.

When non-exempt employees are called back to work, each employee shall report time worked in 15 minute increments with no minimum, e.g. if an employee’s task takes 20 minutes, they will report 30 minutes worked.

M.     DRESS CODE:   THIS SECTION IS AWAITING REVISION BY THE CITY MANAGER (2-1-04)

All employees are considered to be representatives of the City of Clinton. Therefore, employees shall dress appropriately for their positions and shall maintain reasonable standards of neatness and cleanliness.  

Uniformed Police and Fire Personnel and Uniformed City employees

Uniforms are provided to Police and Fire personnel.  The Chief’s will set policy for their departments.  On-duty employees shall wear their uniforms.  Since employees are not representing the City when off-duty, wearing of City uniforms is prohibited when off-duty.  The only exception is traveling to and from work where an employee might stop at a business to conduct personal matters.  The uniform is not to be worn on evenings, weekends, etc for general use.           

Uniforms: (Excluding Police and Fire) New employees will receive three uniforms (shirts and/or T-shirts and casual jeans and/or shorts) when they begin their employment with the City.  They will receive three more uniforms after they have completed new hire probation.  Thereafter, employees will receive five uniforms during the first quarter of each fiscal year.  All components of the City uniform must be returned to the department supervisor upon termination of employment. 

The PW secretary will be responsible for ordering all uniforms for PW, Golf, etc employees. The Public Works Secretary will assist employees who wish to purchase similar clothing that will meet the minimum appearance standards and make the necessary reimbursements. This is not to imply that an employee may make a profit on the uniform components, neither should they experience a loss unless their choice is a more expensive choice.

Shirts: the five uniform shirts may either be short or long sleeved, polyester or cotton, or a mix, but the employee is expected to arrive at work in a clean, pressed shirt.  Other departments, e.g. Golf, ProShop,  Parks & Recreation may wear polo styled shirts with logo and or staff identification with the approval of the City Manger.

Pants: The uniform will include 5 pairs of causal jeans, or shorts (tailored and hemmed), or a few of each, not to exceed five total. 

Part-time permanent employees may wear City uniform shirts if the department budget has sufficient funds to cover the expense. 

Jackets: The City manager may approve jacket purchases for those department personnel who work outdoors and with the public.  Jackets may be ordered only after probation is completed, no more that one jacket in each five year period.  Color will be blue or brown.  Preferred cost is $50 - $75  If the cost is over $75, the employee will pay the difference and explain in writing to his/her supervisor.

N.   EMPLOYEE SUGGESTIONS:  Employees are encouraged to make suggestions for improvements.  An employee having a suggestion concerning improvements to his/her job or services rendered by the department, should not hesitate to give the suggestion to his/her supervisor.

O.  RESIDENCE REQUIREMENT:    All employees of the City are encouraged to establish and maintain resident within the corporate limits of the City or within fifteen miles thereof, within six months after the completion of probation.  The City Manager shall reside within the City limits.

P.   COMPUTER WORKPLACE USE:  The city will provide the tools and services necessary for an employee to perform the tasks they are assigned.  Employees will utilize computers, the Internet, E-mail, etc in order to function at peak efficiency in their positions.  Any abuse of this equipment, or these services, will result in disciplinary action. The City Manager or his designee will determine what is inappropriate use and their decision is final.