Polices & Procedures Manual

City of Anniston, Alabama

Draft version: 5/17/2011

Policies and Procedures Manual

SUBJECT: POLICY ON ESTABLISHING POLICIES AND PROCEDURES (Category 2) PURPOSE: To define the scope and guide the application of the city’s Policies and Procedures Manual as it is established and amended from time to time.

STATEMENT OF POLICY The City manager shall prepare a Manual establishing policies and procedures for the administration of City affairs according to three general categories: (1) supervision of staff resources, which governs the selection, assignments, supervision, compensation, behavior, discipline, and promotion of employees; (2) local governance, which applies city power to the functions of city government as they affect all citizens; and (3) implementation of higher authority (i.e.: Federal and state laws and their administrative regulations).

In consultation with the city staff and utilizing professional resources where appropriate, the City Manager shall research, draft, revise, and apply policies for the proper administration of city affairs.

1. It is understood that according to the Council / Manager Act (Act 404, of 1953), the City Manager has sole responsibility for hiring, firing, and supervising city employees. Thus, category one policies are not subject to approval by the City Council; however, the City Manager should utilize the knowledge and pay reasonable heed to members of the Council in order to maintain a healthy relationship with them.

2. Areas of Council responsibility include licensing businesses, budgeting city operations, determining long-range community goals, adopting rules for citizen behavior, and allocating city resources. Thus, under category two policies and procedures, the administration is simply obedient to these types of policies when adopted; however, the Council’s power in this regard is exercised in concert and no individual councilman should expect obedience to his or her individual desires. Furthermore, the Council should heed the knowledge of experienced and trained professionals within the city staff to help them make wise decisions. Consensus is preferable to conflict.

3. The Council and City Manger must adhere to and apply Federal and state laws and the rules established by Federal and state agencies in the administration of city affairs. Concerning category three policies and procedures, the Council expects the City Manager to provide sufficient information for them to exercise wise judgment, and the City Manager expects the Council to respect his or her knowledge. Together, they can guide the city forward for the benefit of all.

Procedure for Establishment After consulting appropriate staff and other knowledgeable sources of expertise, the City Manager will submit category one policies (or revisions of them) to members of the Council for review and comment. After a reasonable period of reflection and discussion, the policy or revision will be incorporated into the official Policies and Procedures Manual drafted by the City Manager and thereafter applied to city operations uniformly and judiciously.

Category two policies and procedures must be considered and approved by the Council in advance of application according to their specifications. Many of these address issues that require the adoption of resolutions, ordinances, or other official acts in Council session. City administrators must be helpful and cooperative in their deliberations; however, in all cases and by law the Council must establish policies acting in concert.

Category three policies, which involve the imposition of higher authority, call for careful study and obedience by all, namely, the Council as a body, individual Councilmen, city staff, and the general citizen, as applicable. These need no endorsement of the City Manager, staff, or the Council; adherence and uniform application are mandatory.

Policy Proposal Introduction Citizens, city staff, and individual Councilmen may at any time propose new or revised policies and procedures.

While Councilmen may, at will, impose revisions to or additional category two and three policies through action at Council meetings, wise governance suggests utilization of available internal and external knowledge resources during deliberations before adoption. City employees may solicit policy revisions through the City Manager or through a member on the Council, depending on the nature of the issue. For example, if the issue involves an employee’s grievance, the established grievance procedure of the Policies and Procedures Manual applies. If the issue is one of citizen governance, rather than internal operations, the issue should be addressed through the Mayor or Councilman Page 1

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as would be the case with a citizen who is not employed by the city. If the policy addition or revision involves internal city operations, it must be vetted internally, starting at the division level and proceeding upward through the departments to the City Manager. When consensus is reached, the proposal will be submitted to the Council in session.

Employees are encouraged to be receptive to constituent needs and to propose revisions to the policies and procedures that increase productivity and efficiency. They are also encouraged to introduce internal procedures that contribute to harmonious relations among employees.

Absence of Policy In the absence of clear and established policies, precedents, or well-established and understood practices, the City Manager will necessarily exercise his or her judgment until appropriate policies can be adopted according to the procedures described in this Policy on Policies.

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SUBJECT: EMPLOYEE CONDUCT (Category I) PURPOSE: To outline specific areas that may result in employee discipline.

STATEMENT OF POLICY It shall be the responsibility of all employees to represent the City to the public in a courteous, efficient, and helpful manner.

It shall be the duty of employees to maintain high standards of cooperation, efficiency, and integrity in their work with other employees; and an employee who falls below standard may be subject to disciplinary action.

Behaviors for which an employee may be disciplined include, but are not limited to: 1. Failure to follow the orders of one's supervisor(s).

2. Being absent from work without permission or failure to report to the supervisor or Department Head when one is absent.

3. Being habitually absent or tardy for any reason.

4. Reporting to work under the influence of intoxicants or non-prescription/illegal drugs, or using such substances while on city property or operating city equipment.

5. Being wasteful of city material, property, or working time.

6. Inability or unwillingness to perform legitimately assigned tasks an efficient or effective manner.

7. Failure to observe property security procedures.

8. Being on city premises during non-work hours without permission.

9. Violating safety rules and regulations or operating city vehicles or equipment in an unsafe manner.

10. Inability to get along with fellow employees, which hinders effectiveness and productivity.

11. Making derogatory or false accusations so as to discredit other employees, supervisors, or elected officials.

12. Conduct on the job that violates the common decency or morality of the community.

13. Conducting city business in public in such a way as to bring criticism upon the city as a whole.

14. The use of profanity or abusive language towards a fellow employee or member of the general public while performing official duties as a City employee.

15. Exhibiting an attitude of distain for citizens while on the job or otherwise insulting them.

16. Harassment (see the policy sections on Harassment and Violence in the Workplace for more information).

17. Removal of city money, merchandise, or property or using city property for personal use.

18. Lying to supervisors in connection with job duties or responsibilities.

19. Dishonesty, including intentionally giving false information, withholding information, making false statements when applying for employment, or otherwise falsifying records.

20. Falsification of time records for payroll.

21. Abuse of sick leave privileges by reporting sick when not sick or obtaining sick leave under false pretenses.

22. Divulging or misusing confidential information, including removal of documents from city premises without proper authorization (e.g.: employee lists, records, designs, drawings, or confidential information of any kind).

23. Accepting fees, gifts, or other valuable items for the performance of one’s official duties or otherwise capitalizing personally from having official office.

24. Commission of a felony or misdemeanor.

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SUBJECT: VIOLENCE IN THE WORKPLACE (Category I) PURPOSE: To provide supervisors and employees with guidance should they encounter a situation they believe may result in violence and to provide information and training to management and employees to minimize the risk of injury or harm resulting from violence in the work-place.

STATEMENT OF POLICY The City will not tolerate any acts of violence to persons or property. All acts of violence are treated seriously. Each act of violence will be dealt with promptly and appropriately utilizing administrative, managerial, legal, and disciplinary actions to minimize risk to employees, constituents, and property.

DEFINITION: "Workplace Violence" means any verbal or physical action that is communicated or perceived as a threat, harassment, abuse, intimidation or personal contact, that produces fear, causes bodily harm or damage to property. Workplace violence may involve family, friends, strangers, co-workers or customers.

Preventing Violence in the Workplace. The employer recognizes that most serious incidents of workplace violence represent a personal crisis that the individual is unable or unwilling to solve alone. Intervention at an early stage provides the individual with the necessary assistance to resolve these issues, prevent escalation, and allow continued productive employment. Employees and supervisors have access to confidential and discretionary professional assistance through the personnel department. The City can provide advice, assessments, and case review to help management develop intervention strategies and make decisions that will prevent violent incidents from occurring.

Management can utilize outside professional agencies that can provide evaluations, diagnoses, and treatment.

Awareness Training Programs. Awareness training programs are available to help employees recognize threats and the early warning signs of potentially violent situations. Training is available to all employees and management. The employee training program includes classroom workshops covering such topics as awareness, reporting procedures, emergency preparedness, personal safety and conflict resolution. The management training program includes subjects covered in the employee training session, together with additional information on legal issues, reporting channels, investigation techniques, documentation requirements, and physical security improvements.

Note: This resource is not yet (as of 5/17/11) fully developed but will be available ASAP Responsibilities: 1. All employees are responsible for refraining from participating in violent actions and reporting any threatening or dangerous situations to management occurring within the workplace or those that affect their work requirements.

2. Management is responsible for responding to potential or violent situations, depending on the seriousness and nature of the incident. Supervisors will conduct interviews and investigations, prepare documentation, and notify appropriate assistance agencies.

3. Department heads are responsible for developing crisis procedures, establishing response teams, and creating simple action plans to follow in the event of a violent action occurring in the workplace.

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SUBJECT: DISCIPLINARY ACTION (Category 1) PURPOSE: To establish policies and procedures related to departmental disciplinary action for City employees.

STATEMENT OF POLICY Employees may be disciplined for failure to abide by behavior standards detailed in the Policy on EMPLOYEE CONDUCT. It shall be the policy of the City to administer discipline fairly, reasonably, and impartially. Employees and the City are best served when discipline is administered to correct actions rather than to punish. The tenure of City employees shall be based on reasonable standards of job performance and personal and professional conduct. Failure or refusal to meet these standards shall constitute just cause for disciplinary action including oral or written reprimand, administrative leave, suspensions, demotions, and dismissal. Disciplinary action is not primarily intended to be punitive, but rather to maintain the efficiency and integrity of City service. The nature and severity of an offense and the employee's prior record shall be considered.

PROCEDURES IN CASES OF MINOR INFRACTIONS In any disciplinary action, the pertinent information shall be reviewed with the employee specifying the cause for discipline, the specific reasons supporting the cause, the discipline to be imposed, the effective date, and the right of the employee to be heard. The degree of discipline administered will depend on the severity of the infraction and shall be in accordance with any applicable employment contract, Anniston’s civil service rules and regulations, and City policies and procedures as well as applicable local, state or federal laws and regulations. It is the responsibility of each supervisor and department head to evaluate thoroughly the circumstances and facts as objectively as possible and then apply the most suitable form of discipline.

Step 1: Oral Warning. Oral discipline should be applied to infractions of a relatively minor degree or in situations where the employee's performance needs to be discussed. The oral warning should be given in private.

Supervisors should inform the employee that the supervisor is issuing an oral warning, that the employee is being given an opportunity to correct the condition, and if the condition is not corrected, the offender will be subject to more severe disciplinary action. A notation that an oral warning was given should be made in the employee's personnel file on a standard form devised by the Personnel officer.

Step 2: Written Warning/Reprimand. Written sanctions will be issued in the event the employee continues to disregard an oral warning or if the infraction is severe enough to warrant a written reprimand in the employee's personnel file. Written warning/reprimand notices must be issued within ten days after the occurrence of the violation claimed by the supervisor.

• The warning/reprimand shall state the nature of the infraction in detail and what corrective action must be taken by the employee to avoid further discipline as outlined in Steps 3 through 7, below.

• A copy of the written warning/reprimand is to be handed to the employee at the time of the discussion of the discipline in a confidential setting.

• The employee shall sign the written warning to acknowledge receipt. A copy, signed by the employee, will be placed in the employee's personnel file. If the employee refuses to sign the acknowledgment, then the supervisor and one other witness shall note on the reprimand that the employee received a copy thereof and refused to sign for it.

Step 3: Restriction. Potential conflict and infractions due to personality differences or expressions of dislike between employees may be handled through changes in departmental assignments, work areas, or by otherwise restricting an employee’s movements on the job. Restriction gives the supervisor the opportunity to discuss the problem with his/her superior to determine an appropriate course of action when the situation is serious enough for the employee to be removed from the work environment.

Step 4: Administrative Leave. At the discretion of a department head, an employee of the City may be placed on “administrative leave” to forestall potential conflict between employees or pending an investigation into misconduct allegations when the nature of the allegation compromises the ability of the employee or others to perform their duties and/or when a substantial period of time will be required to complete an investigation or legal action. Such suspension is not a disciplinary action and may not be appealed.

• If the charges are ultimately substantiated, disciplinary action will be taken in accordance with the Page 5

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nature of the offense and may include recovery by the city of salary and benefits paid during the administrative leave.

• If the charges are unfounded, the employee will be restored to duty and a letter of exoneration will be placed in the employee's official personnel file.

The original documents of the disciplinary action are to be signed by the employee and placed in the employee's personnel file with a copy given to the employee.

PROCEDURES FOR MORE SERIOUS CASES All disciplinary actions involving suspensions, demotions in rank, or termination require approval of the City Manager prior to discipline being administered. Due process procedures in such cases are processed in the City Manager’s Office and based on Alabama Act 1953-592 and regulations adopted by Anniston’s Civil Service Board pursuant to that law.

Step 5: Suspension. A suspension is administered as a result of a severe infraction of policies or for repeated violation. A suspension is often given after the employee has received a written warning or warnings. An employee will be suspended without pay when the offense is of a serious nature but when circumstances related to an employee's overall performance would not warrant immediate discharge. The length of suspensions should not normally exceed fifteen (15) workdays.

Step 6: Demotion. Demotion may be imposed in instances where an employee occupies a position the responsibilities for which they are unwilling or unable to perform. Demotion is not to be used as a substitute for dismissal, when dismissal is warranted.

Step 7: Discharge/Dismissal. Immediate removal of an employee from the job site pending review for discharge may be warranted in instances involving serious insubordination, theft, illegal, or violent or destructive acts while on the job, or other substantial reasons deemed appropriate by the City Manager. An employee may also be discharged after repeated offenses of a less serious nature if his or her supervisor has documented the offenses and positive behavioral changes have not resulted following previous progressive disciplinary action.

Probationary employees may be terminated at any time without cause and without the right of appeal.

Notification of dismissal in writing shall be provided the probationary employee and a copy filed in his/her personnel file. Dismissals of probationary employees also require the concurrence of the appointing authority.

An employee shall be provided, in writing, a notice of the charge or charges with an explanation of the department's evidence. The employee shall be given an opportunity to respond to the charges, orally or in writing, as to why the proposed action should not be taken. Legal counsel may represent the accused employee at a due process hearing conducted by the City Manager.

The department's explanation of the evidence at a due process hearing shall be sufficient to apprise the employee of the basis for the proposed disciplinary action; however, said apprising shall not limit the city from presenting at subsequent hearings a more detailed and complete case, including presentation of witnesses and documents not available at a previous hearing.

DECISIONS Written notice of the City Manager’s decision shall be issued within three (3) normal work days following the due process hearing. Such notice shall include the charges against the employee and a general statement of the Manager’s findings.

• If after thorough investigation, it is determined that an employee was not guilty of any violation, he/she will normally be returned to his/her position, paid for any withheld compensation or benefits, and have a letter of exoneration placed in his/her official personnel file.

• If, however, the employee is found in violation of policies or behavior standards on the job, then the appropriate disciplinary action will take effect on the date that the investigatory suspension began.

APPEALS Warnings, reprimands, restrictions, and administrative leaves imposed by department heads or supervisors may be appealed to higher levels in the chain of command. To appeal a disciplinary action, the employee must present a written appeal to his/her immediate supervisor within ten (10) working days of the disciplinary action’s having been Page 6

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taken.

• If a resolution cannot be reached at this level, a copy of all relevant information should be presented to the Department Head who shall attempt to resolve the matter within five (5) working days after it is presented to him/her.

• If the Department Head is unable to resolve the situation, a final appeal can be made to the City Manager. The Manager shall attempt to resolve the appeal within five (5) working days after it has been presented to him/her.

The decision of the Manager shall be final.

• If it is the City Manager who has issued the initial disciplinary action, any appeal shall be in the form of a request for reconsideration. The manager shall respond to such request within (5) working days. The manager's decision shall remain final.

Suspensions, demotions in rank, or termination imposed by the City Manager after conducting a due process hearing may be appealed to the Civil Service Board according to their procedures and processes.

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SUBJECT: GRIEVANCE PROCESS (Category I) PURPOSE: To establish standardized grievance procedures for all employees.

STATEMENT OF POLICY It is the policy of the City of Anniston to afford all employees a means of obtaining further consideration of interpersonal relationship problems when they remain unresolved at the supervisory level and to establish procedures that provide for timely resolution of grievances.

DEFINITION: A "grievance" shall mean a claim or dispute by an employee with respect to the interpretation, meaning or application of the provisions of City's policies and procedures.

Initiating a grievance through contact with members of the City Council is not advisable. All citizens of Anniston have the right to associate with the members, of course, and employees of the City are encouraged to have positive relationships with them; however, the Council Manager Act that governs Anniston provides clear and specific channels of interaction between employees and management. Strict adherence to the procedures outlined below is mandatory for all concerned unless Federal or state regulations mandate other procedures. Every attempt will be made to resolve reported grievances to the mutual satisfaction of the employee and the City.

PROCEDURE: Step 1. An Employee must present a grievance within ten (10) working days of its alleged occurrence to the employee's immediate supervisor and department head, who shall attempt to resolve it within five (5) working days after it is presented to them.

Step 2. If the employee is not satisfied with the solution posed by the department head, the employee may submit the grievance, in writing, to the Manager's office no more than twenty (20) working days after the alleged occurrence. This written notice shall include: • a statement of the grievance and relevant facts and circumstances, • a description of the remedy sought, • a statement of the reasons for dissatisfaction with the department head's solution.

The Manager shall attempt to resolve the grievance within five (5) working days after it has been presented to him or her. The Manager is the final authority on grievances presented by employees. Questions or requests for additional guidance concerning procedural or substantial matters relating to the grievance should be directed to the Manager's Office.  

No part of the above procedure shall be in conflict or violation of state or Federal laws and regulations.

No punitive action shall be taken against any employee for utilizing this grievance procedure.

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SUBJECT: POLICY CONCERNING HARASSMENT (Category I) PURPOSE: 1. To prevent all forms of harassment in the workplaces occupied by employees of the City of Anniston, 2. To clarify the procedure for reporting harassment, and 3. To establish guidelines for administration of discipline in harassment complaint cases.

STATEMENT OF POLICY It is the policy of the City that harassment will not be tolerated. All employees are prohibited from engaging in the harassment of any other employee or other person in the course of or in connection with their employment. The desired standard of employee behavior is one of cooperation and respect for each other, despite physical differences, background, and belief.

DEFINITIONS: (1) Harassment is unwarranted and unwanted verbal or nonverbal conduct which threatens, intimidates, pesters, annoys, or insults another person, where such conduct has the purpose or effect of creating an offensive, intimidating, degrading, or hostile environment, or interferes with or adversely affects a person's work performance. Harassment does not include the conduct or actions of supervisors intended to provide employee discipline, such as deficiency notices, performance evaluations, oral warnings, reprimands or other supervisory actions intended to promote positive performance.

(2) Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical advances of a sexual nature. Sexual harassment can include, but is not limited to, physical assault or contact such as touching, pinching, or brushing against another’s body, unwelcome propositions, comments, and “kidding, “teasing,” display of sexual materials or publications, particularly when exercising authority over employees to coerce them into sexual conduct Sexual harassment is prohibited where • submission to such conduct is made either explicitly or implicitly a term of condition of employment; • submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals; or • such conduct has the purpose or effect of interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

(3) Racial, religious, national origin, disability, or age harassment includes a. any expression that ridicules other employees or officials based on race, religion, national origin, ethnicity, physical or mental handicap, size, or age that makes an employee at work uncomfortable or interferes with his or her ability to do his or her job. b.

Jokes, horseplay, teasing, or slurs that ridicule others because of their origins, conditions, or disabilities or characteristics.

City policy fully supports enforcement of State and Federal employment laws and regulations providing employment protection for protected classes of employees (i.e.: the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Equal Pay Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Americans With Disabilities Act, and the Davis Bacon Act), wherever and whenever applicable. However, unprotected classes as defined by these laws are also protected from intimidation, bullying, verbal and physical assault, or any other form of hostile treatment.

All employees have the right to seek redress at any time through the State Human Rights Commission, the Equal Employment Opportunity Commission, or a court of law; however, employees are encouraged to exhaust the city's administrative remedies before consulting outside agencies.

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Retaliation against employees who report cases of harassment to superiors is prohibited and is itself considered a form of harassment.

Disciplinary Action: An employee who harasses another employee or member of the public shall be subject to the full range of disciplinary action, including discharge.

Procedures: An employee subjected to any form of harassment should report such activity to his/her non-involved supervisor, department head, the personnel officer, or directly to the City Manager.

In any case in which a supervisor witnesses an incident of harassment, the supervisor shall immediately notify the offending party that harassment is not appropriate and will not be tolerated. A supervisor is required to report harassment cases to his/her Department Head, who, in turn, is required to report the matter to the Personnel Officer.

Such reports to superiors and to the Personnel Officer are to be made regardless of how knowledge of the case was acquired.

Because a harassment incident may involve a violation of one or more complex state or Federal laws, the Personnel Officer shall investigate and submit to the City Manager a report setting forth the facts of the case and a recommendation for action. Disciplinary action will follow completion of the investigation procedure as required by the policy on Disciplinary Action.

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SUBJECT: DEMOTIONS (Category I) PURPOSE: To establish a policy for demotions.

STATEMENT OF POLICY An employee reassigned to a position in a lower classification regardless of the reason (disciplinary, in lieu of layoff, for reasons of disability or incapacity, departmental reorganization, etc.) will receive a cut in pay commensurate with the nature of the demotion as determined by the Department Head in consultation with the Personnel Office.

1. Demotions do not change the person's date of hire; however, the anniversary date for future salary increases changes.

2. No employee shall be demoted to a position for which he or she does not possess the minimum qualifications.

3. An employee being demoted shall be notified two weeks prior to demotion except in emergency situations.

4. Any demotion to prevent layoffs may be revised when the employee's previous position is reopened.

5. Persons demoted to new positions will be subject to the standard one year probationary period for the new position.

6. Employees in position classifications that are downgraded or upgraded in salary to reflect changes in market conditions will retain their existing anniversary date for future step increases.

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SUBJECT: EQUAL EMPLOYMENT OPPORTUNITY (Category 1) PURPOSE: To ensure equal employment opportunity with the City and to outline procedures for action in case of violation.

STATEMENT OF POLICY: Equal Employment Opportunity Policy.

It is the policy of the City to ensure equal employment opportunity for all employees and appointed representatives.

This commitment includes a mandate to promote and afford equal treatment and services to all citizens, employees, and City representatives and to assure equal employment opportunity based on ability and fitness to all persons regardless of race, religion, color, creed, national origin, sex, marital status, age, genetic information, or the presence of any sensory, mental, or physical disability unless such disability effectively prevents the performance of the essential duties required of the position and which are bona fide occupational qualifications which cannot be accommodated without undue hardship.

Objectives The goals and objectives of the Equal Employment Opportunity (EEO) Policy are to: 1. Ensure fair treatment and non-discrimination in City hiring, City employment, and in appointments to and service on City boards and commissions; 2. Provide compliance with State and Federal equal opportunity requirements and regulations; and 3. Provide a basis for encouraging those who do business with the City to practice Equal Employment Opportunity.

PROGRAM RESPONSIBILITY The Personnel Officer shall serve as the Equal Employment Opportunity (EEO) Officer to carry out the Equal Employment Opportunity Policy and associated processes. The Officer shall be the focal point for the City's equal opportunity efforts and shall advise and assist staff and management personnel in all matters regarding implementation of and compliance with this Equal Employment Opportunity Policy. Further, the EEO Officer shall be responsible for its successful execution, utilizing the assistance of appropriate State and community agencies. The EEO Officer will have responsibility to examine existing internal policies or procedures which may serve as barriers to implementing the Equal Employment Opportunity Program.

EEO Practices The Equal Opportunity Officer shall undertake the following actions to assure equal employment opportunities in the City: 1. Periodically review all position qualifications and job descriptions to insure requirements are relevant to the tasks to be performed. Make recommendations to the City Manager as needed to delete requirements not reasonably related to the tasks to be performed.

2. Assure that pay and fringe benefits depend upon job responsibility and, along with overtime work, are administered on a non-discriminatory basis.

3. Inform and provide guidance to staff and management personnel so that all applications for selection, promotion, and termination (including those of minorities and women) are considered without discrimination and that all applicants are given equal opportunity regardless of race, creed, color, national origin, sex, marital status, age, or the presence or a sensory, mental, or physical disability, unless such disability effectively prevents the performance of essential duties and functions required by the position and which are bona fide occupational qualifications which cannot be accommodated without undue hardship.

4. Create a large pool of qualified candidates to encourage diversity and ensure equal employment opportunity in hiring through engagement with groups, institutions, and professionals in the community who can forward opportunity information among minorities in the City.

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Provide orientation for all new employees specifically emphasizing how the City assures equal opportunity, and encourage all employees to avail themselves of services rendered.

This policy shall be made known to all employees, contractors, and suppliers through distribution of the Equal Opportunity Policy. Applications for employment will include an equal opportunity clause.

Appointed City Representatives Though employees represent a very important part of City government, there are other areas where non-discrimination is essential. One of these areas is in the appointment of boards, commissions and ad-hoc committees. Therefore, in order to enhance the appearance of fairness and non-discrimination in the City, the administration will strive to achieve a balanced representation of racial, social and ethnic persons on City boards, commissions, and ad-hoc committees.

Ensuring non-discrimination in the appointment of the City's representatives will encourage the fair and even-handed administration of the City's code and policies.

Employee Development The following actions shall be undertaken to achieve employee job satisfaction and fair treatment: 1. There shall be no discrimination with regard to training and educational opportunities, upgrading, promotions, transfer and demotion, layoffs and termination of employees. Any actions which might inhibit employees’ opportunities will be brought to the attention of the Equal Opportunity Officer.

2. Employees shall be encouraged to increase their skills and job potential through training and educational opportunities.

Coordination with state and Federal Agencies The City recognizes its responsibility to comply with and assure that equal opportunity and non-discrimination policies of State or federal agencies with which it conducts business are carried out. Specifically, the City shall: 1. Be responsible for reporting to the appropriate agencies any complaints received from any employee of, or an applicant for employment with, any City contractor or subcontractor, subject to Executive Order No. 11246, as amended, which requires affirmative action programs of certain government contractors and subcontractors.

2. Cooperate in special compliance reviews or in investigations as requested.

3. Carry out minority reporting functions of contractors or subcontractors as required by state or Federal laws.

4. Furnish information as required, maintaining an affirmative action file detailing its efforts, with dates, to meet its commitments under Executive Order No. 11246, as amended.

5. Include a non-discrimination clause in all city contracts for services or products purchased.

The City's Equal Employment Opportunity Program shall be made available to any Federal or State agency upon request.

EEO GRIEVANCE PROCEDURES Success of the city’s Equal Employment Opportunity effort depends largely upon the attitude of the community as well as of the employees. Opinion as to what constitutes fair and equal opportunity and treatment may vary widely and grievances may result. The following steps shall be taken for any grievance arising from the implementation of this program so as to maintain the best possible employee/supervisor and City/community relationships: 1. Employees covered by civil service grievance procedures shall be encouraged to use it in seeking relief from alleged discriminatory practices.

2. Employees not subject to civil service rules shall bring their grievance to the attention of their immediate supervisor or department head, who will investigate as necessary to determine the cause of the complaint and work with the employee to affect an equitable solution. Every effort shall be made to resolve the difficulty at this level.

3. At the option of either party, the intervention of the Equal Opportunity Officer may be requested. The Equal Opportunity Officer shall interview both parties, conduct additional investigation as necessary, and recommend appropriate corrective action and settlement conditions.

4. In the event mutual agreement cannot be achieved and resolution is required by the City Manager, signed statements detailing the grievance and specific investigative action shall be obtained by the Equal Page 13

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Opportunity Officer from the employee and her/his supervisor. The Officer may draw upon all resources at her/his disposal to arrive at recommended corrective action and settlement conditions.

The City Manager may elect as deemed necessary and as circumstances dictate to refer the grievance to a special arbitration committee. Such committee shall be selected from among City employees and shall consist of an equal number of management and front line personnel. The Equal Opportunity Officer and those directly involved in the grievance shall not be members of this committee. Proceedings of the committee shall be documented and its decision shall be in the form of a recommendation to the City Manager subject to further judicial review as allowed by law. All reports, decisions and other documentation generated by the grievance procedure shall be maintained by the Equal Opportunity Officer as a matter of permanent record.

DEFINITIONS For purposes of this policy the following terms shall have the following definitions: 1. Equal Employment Opportunity Policy. It is the policy of the City to ensure equal employment opportunity for all employees and appointed representatives. This commitment includes a mandate to promote and afford equal treatment and services to all citizens, employees, and City appointed representatives, and to assure equal employment opportunity based on ability and fitness to all persons regardless of race, religion color, creed, color, national origin, age, sex, marital status, genetic information, or the presence of a sensory, mental, or physical disability unless such disability effectively prevents the performance of essential duties required by the position and which are bona fide occupational qualifications and which cannot be accommodated without undue hardship pursuant to Title I of the Americans with Disabilities Act. 2. Equal Employment Opportunity Program . The written, results-oriented program specifically set forth in this policy detailing the steps to be taken to ensure equal employment opportunity.

3. Equal Employment Opportunity Officer. That person designated by the City Manager, responsible for meeting the obligations and responsibilities of the Equal Employment Opportunity Program.

4. Appointed Representatives. Members of City-appointed boards, commissions and ad-hoc committees.

ENFORCEMENT Violations of this policy may be cause for disciplinary action up to and including termination.

EFFECTIVE: APPROVAL: REVISION HISTORY:

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RIGHT-OF-WAY CLOSURE POLICY (Category 2) Rationale: The blockage of streets for private or limited purposes can be inconvenient or even hazardous to the public at large; therefore, the policies and procedures applied should maximize the benefits to requesters while minimizing risk to others.

PURPOSE: To provide guidance to city staff on closure of streets, alleys, and/or sidewalks when requested by citizens.

STATEMENT OF POLICY No public right-of-way in the City may be blocked or restricted to limited or private use without approval of the City Council, except according to the following procedures.

Major Closures An event that requires the blockage or restricted use of multiple blocks or multiple streets is considered a large scale or Major Event. Requests for Major closure must be submitted to the Events Committee through the City Manager’s Office.

1. The following events and parades have been and should continue to be considered major events requiring Council approval: Noble Street Festival, the Rumble on Noble, Super Saturday, the Veterans Day Parade, the Christmas Parade, Juneteenth, and Woodstock Run. Future events of similar size and impact shall be considered Major.

2. These type events are generally coordinated by the established Events Committee; however, if no city services are needed, the request may be submitted directly to the Council, by-passing the committee.

3. After review and approval by the committee (or, as in the case of subsection two (2) above) the event sponsor or chairman must submit the request for street closure or restricted use to the Council.

Minor Closures An event that requires the blockage or restricted use of a short segment of a minor street, sidewalk, or alley will be considered a Minor Closure. A request by an event sponsor or organizer for a Minor Closure must be submitted to the City Manager’s Office at least five work days prior to the event.

1. Based on recommendations from the Police and Fire Departments as to safety, the City Manager will approve or deny the request and report same to the Council prior to the scheduled event or activity. Event sponsors or organizers denied closure may appeal the Manager’s decision to the City Council in writing.

2. Requests for Minor Closure must be submitted on either the approved “parade request form” or on the approved “event form.”

Construction Closures Closures or limiting access to public rights-of-way or other public places due to permitted construction projects shall be governed by Section 29.53 of the Code of Ordinances of the City of Anniston and/or Chapter 33 of the 2003 International Building Code.

Council Notice The Council is to be notified upon receipt of a closure request.

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SUBJECT: DIVERSITY AND WORKPLACE EQUITY (Category 1) PURPOSE: To state the City’s commitment to build a quality workforce representative of the community we serve.

STATEMENT OF POLICY The City of Anniston is committed to building a diverse workforce which (1) reflects the face of the community we serve, (2) honors and respects the beneficial and worthwhile differences and abilities of all our employees, and residents, and (3) provides employees with opportunities, tools, and support to achieve their maximum potential.

DEFINITION: Diversity recognizes and respects a multitude of differences that employees bring to our workplace. Diversity may complement organizational values that stress teamwork, leadership, responsibility, and quality service. Diversity means striving to maintain an environment in which managers value the worthwhile differences in their employees and take steps to ensure that employees know they are valued individuals.

To achieve workplace equity and inclusion, we will observe the policies and practices outlined below: 1. We will ensure that we do not discriminate in employment on the basis of race, color, religion, national origin, sex, age, disability, marital status, creed, ancestry, or medical condition.

2. Our recruiting efforts will ensure that applicant pools are both capable and reflective of the population we serve.

3. We will make employment decisions based on job-related criteria and will provide opportunities for entry and promotion into non-traditional jobs where appropriate.

4. We will provide a workplace free of all forms of harassment.

5. We will develop a procedure for prompt, thorough and impartial investigations of discrimination or harassment complaints and will take appropriate measures to provide remedy or relief to individuals who have been victims of illegal discrimination, harassment, or false accusations thereof.

6. Measures to ensure accountability for managing diversity will be incorporated into the performance management system for supervisors and managers. The City Manager will evaluate the effectiveness of our diversity policies and programs.

7. By creating a workplace where everyone can work towards their maximum potential, the City will be better able to retain quality, productive employees who will provide excellent services to our residents.

EFFECTIVE DATE: APPROVED: REVISION HISTORY:

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SUBJECT: DRUG FREE WORKPLACE (Category 1) PURPOSE: To provide a safe work environment and protect the public by ensuring a drug-free workplace.

STATEMENT OF POLICY The City is committed the highest standards of safety, integrity, and professionalism and, for this reason, does not condone the abuse of any substances by employees. The City is, therefore, committed to maintaining a drug free workplace, to educating employees regarding the dangers of substance abuse, and to providing support for employees undergoing treatment and rehabilitation for chemical dependency. The City also is committed to the accountability of employees for violations of this policy through appropriate discipline, up to and including termination.

RATIONALE: Drug and alcohol abuse is a problem of serious concern and one that affects all segments of the community, including the workplace. Such behavior poses risks to members of the public and to City employees alike. Employees have the right to work in an alcohol and drug-free environment. Members of the public have the right to be free from the harmful effects of alcohol and drug abuse in the provision of public services.

This policy also implements the 1995 Federal Highway Administration (FHWA) requirements for drug and alcohol testing for Commercial Drivers License holders and Federal Transit Administration (FTA) rules for employees performing safety-sensitive work on transit vehicles. All City employees, except Fire Department and uniformed Police Department employees who are required to have a current Commercial Drivers License (CDL) as a condition of employment, are subject to the CDL related provisions of this policy. Employees performing safety-sensitive work on transit vehicles (such as maintenance mechanics and their supervisors) are subject to the requirements of the Transit Administration Specific CDL and Transit provisions.

Treatment and Rehabilitation. The City provides an Employee Assistance Program for employees needing treatment or rehabilitation as well as medical plan coverage for both inpatient and outpatient treatment. Accrued leaves may be used for treatment and rehabilitation purposes. Employees who think they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance from the Employee Assistance Program.

Note: This resource is not yet (as of 5/17/2011) fully developed but will be available ASAP. The following are prohibited:: 1. The unauthorized use, possession, manufacture, distribution or sale of an illegal drug, controlled substance or drug paraphernalia on City property or while conducting City business, in City supplied vehicles, or during working hours.

2. The unauthorized use, possession, manufacture, distribution, or sale of alcohol on City premises or while conducting City business, in City supplied vehicles, or during working hours.

3. Storing any container holding an alcoholic beverage or storing an illegal drug, drug paraphernalia, or any controlled substance the use of which is illegal in or on City property (including vehicles).

4. Reporting to work, or working, while under the influence of illegal drugs or alcohol, whether on City premises or on City business, or in City supplied vehicles.

5. Failing to notify the employee's supervisor, before beginning work, that the employee is taking medications or drugs that may interfere with the safe and effective performance of duties.

6. Refusing to submit to an inspection as described in the Enforcement section (below) when requested by a supervisor, in accordance with this policy.

7. Refusing to immediately submit to an alcohol and drug test when requested by a supervisor in accordance with this policy.

8. Failing to provide, by the next workday following a request, a valid prescription for any drug or medication identified by the results of a drug test. If the employee is taking prescription drugs, the prescription must be in the employee's name.

9. Failing to adhere to the requirements of any drug or alcohol treatment program in which the employee is enrolled: (a) as a condition of continued employment or (b) pursuant to a written agreement between the City and the employee.

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10. Violating any criminal drug or alcohol statute while working.

11. Failing to notify the City of any arrest or conviction under any criminal drug or alcohol statute by the next workday following the arrest or conviction.

Enforcement Pre-Employment Testing. All new City employees, except temporary and extra help employees are required to pass a pre-employment drug and alcohol test prior to hire. The test will be administered after a conditional offer of employment has been made and prior to any tentative start date. In some cases additional testing for CDL holders may be delayed until they are ready to begin driving a CDL vehicle or performing a safety-sensitive function on the job. A positive test will exclude an applicant from being hired. All prospective hires, except uniformed Police and Fire personnel will be tested under the procedures contained in this policy that are consistent with the procedures for CDL holders. The pre-employment protocols for uniformed Police and Firefighters are on file in the Personnel Officer.

Managerial Responsibility. Managers and supervisors shall be responsible for enforcement of this policy. The City will provide training to all managers authorized to act under this policy in evaluating and working with substance abuse issues in the workplace.

1. Post-accident drug and alcohol testing is required whenever a city vehicle or piece of heavy city equipment is involved. Department heads should immediately restrict the operator from using any city vehicles or heavy equipment and initiate a test for the presence of drugs or alcohol.

2. When there is a “reasonable suspicion” to believe that an employee’s job performance may be impaired by drugs or alcohol, the supervisor may: (a) direct the employee to submit to a drug or alcohol test or (b) conduct a search, with or without employee consent, of all areas and property over which the City maintains control.

DEFINITION: “Reasonable suspicion” is a belief, based on objective facts, sufficient to lead a reasonable person to suspect that an employee is under the influence of drugs or alcohol to such an extent that the employee's ability to perform the functions of the job is impaired or that the employee’s ability to perform his or her job safely is reduced. Any of the following, alone or in combination, may constitute reasonable suspicion: slurred speech, irregular or unusual speech patterns, impaired judgment, the odor of alcohol odor on an employee’s breath, uncoordinated walking or movement, unusual or irregular behavior such as inattentiveness, listlessness, or hyperactivity, hostility or aggressiveness, or possession of alcohol or drugs.

3.

The supervisor shall directly observe the employee's behavior and document in writing the facts constituting reasonable suspicion. When circumstances permit, a second person shall also observe the employee to verify that there is a reasonable basis to believe that drug or alcohol impairment may be present. If possible, the supervisor shall question the employee with regard to the situation.

4. When a determination is made that an employee may be impaired because of drug or alcohol use, the employee shall be relieved of his or her duties and placed on administrative leave status. The supervisor shall immediately notify the appropriate Department Head. In the event that this person is not available, the supervisor shall immediately contact the Personnel Officer for review. Upon review, the department head or, in his/her absence the Personnel Officer, may authorize the supervisor to require a drug test or advise other actions based on the circumstances.

Drug and Alcohol Testing. A drug test under this policy is a urinalysis (for drugs) and an evidential Breathalyzer test (for alcohol) administered under approved conditions and procedures conducted for the sole purpose of detecting drugs and alcohol. Other methods to detect the presence of alcohol may be added at a later date if approved by the FHWA, such as blood/alcohol and saliva tests. A qualified Anniston Police Department officer may administer the Breathalyzer tests. Drug tests will be conducted by a City appointed medical laboratory and paid for by the City. An employee ordered to submit to a test following a determination of reasonable suspicion or an employee ordered for post-accident testing will transported to the designated laboratory.

Applicants for employment who are directed to be tested by the Personnel Officer shall appear via their own resources at the designated laboratory at the time instructed by the Personnel Officer. All subjects (employees or applicants) will be interviewed by laboratory personnel prior to the sample collection to determine if they are currently Page 18

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using drugs under medical supervision and/or taking over-the-counter medications that might reasonably impact the test.

The room where the sample is obtained must be private and secure. Documentation shall be maintained that the area has been searched and is free of any foreign substance. For all general employees, CDL holders, and individuals tested under the reasonable suspicion standard, no observer shall be present when the sample is collected. Procedural actions shall be taken in all tests to ensure the sample is from the subject and was actually passed at the time noted on the record. In the case of job applicants for uniformed Fire and Police (under separate policy), an observer of the same sex shall be present when the urine sample is taken.

Processing Urine Samples Each step in the collection and processing Confirmation Screening Level of the urine specimen shall be documented Drug Level* to establish procedural integrity and the Amphetamines 1000 ng/ml 500+ ng/mL chain of custody. Testing shall be under 300 ng/ml 150+ ng/mL Substance Abuse and Mental Health Cocaine Metab.

Services Administration standards, testing Opiates 300/ng/ml 300+ ng/mL procedures, and approved laboratories. PCP (Phencyclidine) 25mg/ml 25+ ng/mL Unless specifically noted as in testing for 100 ng/ml 15+ ng/mL uniformed police officers (under separate THC (Marijuana) --------0.02** policy) or pre-employment tests for Alcohol firefighters, all testing will be done using * SAMSA specified thresholds SAMSHA procedures and threshold levels. ** Tested through an evidential breathalyzer instrument at a Uniformed Police and Fire level of .02 alcohol/breath concentration or greater, pre-employment testing will be done expressed in terms of grams per 210 liters of breath. according to the drug/alcohol testing protocols that are on file in the office of the Personnel Officer. Confirmation testing will be conducted using Gas Chromatography-Mass Spectrometry. The urine sample shall be retained for 12 months by proper storage methods to allow for further testing if necessary. Specimens shall be sealed and labeled. Samples shall be stored in a secure and refrigerated atmosphere. A large enough sample will be taken to allow for a second, follow-up test.

Any sample that has been adulterated or is shown to be a substance other than urine shall be reported as such. Any applicant or employee providing false information about a urine or breath specimen or who attempts to contaminate such specimen shall be subject to removal from consideration for hiring or to termination. The laboratory shall test for the following drugs at levels that meet or exceed the limits hereafter set forth: Lab Results The laboratory will review the results of the test and determine if the sample contains any illegal drug or any legal drug or alcohol at levels that would cause impairment or reveal its use in an illegal manner. The lab director will also review the medical history made available by the subject when a confirmed positive test could have resulted from a legally prescribed medication.

For all CDL holders, mechanics, and City employees, the results shall be forwarded immediately to the City’s designated Medical Review Officer (MRO) for further review and to the Personnel Officer. The Personnel Officer will send a copy of the drug test results to the employee's home address, reporting positive results also to the City Manager.

In the case of legal, prescriptive drug use that may affect an employee's ability to perform his/her job safely, the laboratory director or, in the case of employees and all CDL testing, the City's designated MRO will require the subject to provide by the next scheduled work day a bona fide verification of a valid current prescription for the drug identified. An applicant shall be dropped from eligibility and an employee will be subject to disciplinary action if: 1. verification of a valid prescription is not provided or the employee has not previously notified his or her supervisor of the needed drug use, 2. the prescription provided is not in the subject's name, Page 19

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3. there is a confirmed presence of alcohol at the .02 level or above 4. there is confirmed presence of any illegal drug, 5. there is confirmed presence of any legal drug for which, in the opinion of the Lab Director or City designated MRO, no reasonable explanation or proof of need is provided, Job Applicants. In the case of job applicants, the lab director or City MRO shall notify the applicant. An opportunity to have the original urine sample retested at the applicant's expense shall be afforded. The applicant must request a re-test within 72 hours. If there is a confirmed positive test, the Human Resources Manager shall notify the department and the applicant shall be removed from eligibility for hire. Pre-employment test results for uniformed Fire Department employees will be forwarded directly to the Fire Department physician. A copy will be sent to the Human Resources Manager. Pre-employment test results for uniformed police officers (covered under separate policy) will be reported directly to the Police Chief or designee.

Employees. The City’s MRO shall advise a current employee of the positive test result. The employee shall be afforded the opportunity to have the original urine sample retested. Retests must be requested within a period of 72 hours after notification of an initial positive test by the MRO. A re-test will be done by the original lab (at the city's expense) unless the employee wishes to pay for a re-test at a different laboratory. The second test must be conducted under SAMHSA procedures, or for CDL holders by a SAMSHA certified lab. If the subject declines a re-test or the re-test confirms the results of the initial test, the Personnel Officer shall be notified. The Personnel Officer shall notify the department head and the City Manager of the results and of the action taken.

Discipline. As with any issue of employee misconduct, an appropriate investigation and assessment of circumstances needs to be made with guidance from the Personnel Officer and legal council. Advice from medical professionals may be sought. A decision to refer for substance abuse evaluation, treatment and/or discipline may be made depending on the nature and severity of misconduct, the employee's work history, and other pertinent facts and circumstances. In certain situations, follow-up drug testing may be recommended and conducted to ensure the employee remains drug and alcohol free. A referral for evaluation by a substance abuse professional is mandatory for CDL holders when there is a positive test.

Any disciplinary action will be carried out in accordance with City Personnel Policies and Civil Service Rules.

Confidentiality Negative Test Results. Employees who have been tested for drugs and alcohol, where no substance abuse was found, shall receive notice of such findings from the Personnel Officer. A copy of the notice will not be placed in the subject’s personnel file, unless requested by the employee. A record of negative results shall be placed in a confidential folder in a separate, secured file maintained by the Personnel Officer. In the case of job applicants (except Police and Fire), the hiring department shall be notified by the Personnel Officer that the applicant is clear for hire.

Positive Test Results. Laboratory reports of positive test results shall not appear in an employee's general personnel folder but in a separate confidential medical folder that will be maintained by the Personnel Officer. The positive reports or test results shall be disclosed to the department head only on a need-to-know basis. Disclosures without patient consent may also occur when: (1) the information is compelled by law or by judicial or administrative process, (2) the information has been placed at issue in a formal dispute between the City and the employee, (3) the information is to be used in administering an employee benefit plan such as for drug or alcohol treatment, (4) the information is needed by medical personnel for the diagnosis or treatment of the employee as patient who is unable to authorize disclosure.

Records Retention. The City shall maintain all records related to drug and alcohol testing for each subject in a secure location with controlled access. The following records shall be maintained for a minimum of five years: • records of alcohol test results indicating an alcohol concentration of .02 or greater.

• records of verified positive drug test results.

• documentation of refusal to take required alcohol and/or drug tests.

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• evaluations and referrals. • copies of periodic reports.

Records related to the alcohol and drug collection process and training shall be maintained for a minimum of two years. Records of negative and canceled drug test results and alcohol test results with a concentration of less than 0.02 shall be maintained for a minimum of one year. No records containing driver information required by this policy will be released except upon written request of the employee. Upon written authorization of the employee, records will be disclosed to a subsequent employer subject to use as specified by the employee. Upon specific, written authorization by the employee, records will be released to an identified person for use only as specified by the employee.. Records may be disclosed to a decision-maker in a lawsuit, grievance, or other proceeding initiated by or on behalf of the employee, including, but not limited to, a worker's compensation, unemployment compensation or other proceeding relating to a benefit sought by the employee.

Drug and Alcohol Testing for Commercial Drivers License (CDL) Holders.

All employees of the City who are required to have a Commercial Drivers License (CDL) as part of their jobs are subject to drug and alcohol testing as required by the U. S. Department of Transportation through the Federal Highway Administration. The following procedures apply to CDL holders.

Pre-Employment Testing. All new employees who must have a CDL as a job requirement must pass a pre-employment drug and alcohol test prior to hire. The test will be administered after a conditional offer of employment has been made and prior to any tentative start date or before driving any City vehicle. This test will be conducted under the SAMHSA standards and protocols (see earlier sections of this policy for a list of drugs and confirmation levels). The test will involve an unobserved urine sample collection for drug testing and an evidential Breathalyzer test administered by a Breath Alcohol Technician (BAT) for alcohol. The procedures and protocols are identical to those for all City employees covered above unless specifically noted. All urine drug testing will be conducted by a SAMHSA certified laboratory.

Pre-Duty Use of Alcohol. Employees are prohibited from consuming alcohol for 4 hours before going on duty or before operating a City motor vehicle. This regulation from the FHWA applies to scheduled shifts and all callout situations. If an employee cannot meet this requirement, it is his/her responsibility to tell their supervisor, or person initiating the callout, that they cannot report to work.

Random Testing. During the calendar year, 50% of CDL holders will be tested on a random basis for the presence of drugs and alcohol. Although testing could occur anytime during the year, approximately quarterly, names of CDL holders will be drawn randomly to select individuals for drug and alcohol testing. These individuals will be required to go to a collection site for drug and alcohol testing. No advance warning will be given to employees regarding the date and time of the random test. As described above, urine sample collection will be in an unobserved setting with collection and chain of custody protocols as required under SAMHSA regulations.

Individuals who are scheduled to drive a CDL vehicle or perform a safety-sensitive function (such as a mechanic working on a Police or Fire vehicle, working brakes, etc.) on the day of the random test shall also take a Breathalyzer test for alcohol. Test results and the handling of any positive tests are the same as noted above for all employees.

Post-accident Testing. Any accident involving a CDL vehicle must be reported as soon as possible by the employee to his/her supervisor. The supervisor should investigate the circumstances of the accident and determine if there is reasonable suspicion to require a drug and alcohol test. Testing is mandated in any accident in which the driver receives a citation. Further, according to the Federal Transit Act, an individual in a safety sensitive position, such as a mechanic, is subject to drug and alcohol testing, when in the opinion of a supervisor, employee performance caused or contributed to the accident. For example, a mechanic would be tested when he or she worked on a transit coach's brakes just prior to an accident to which a brake problem may have contributed.

A post accident drug and alcohol test should be completed as soon as possible. Drug testing must occur no later than 32 hours after the accident. Alcohol testing must occur no later than 8 hours after the accident. If more than two hours elapse before an alcohol test is administered, the City is required to prepare and maintain on file an explanation of why a test was not properly administered for the FHWA. Page 21

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A driver is prohibited from consuming alcohol for 8 hours after an accident or until he/she has taken a drug and alcohol test.

Return to Work Testing. When an employee has tested positive for drugs or alcohol during a random or postaccident test, the same provisions apply as for all employees in the section above on Discipline and/or Treatment/Rehabilitation. In addition the following specific rules apply: 1. Employees-will be referred to the EAP or to another substance abuse counseling resource as part of their return to work requirements.

2. The employee must comply with any recommended rehabilitation.

3. The employee must have a negative retest before being permitted to return to work.

4. Unannounced follow-up tests will be conducted at least six (6) times within the first 12 months after an employee returns to work.

5. Testing may be extended for a period of up to 60 months after return to work.

EFFECTIVE: APPROVAL: REVISION HISTORY:

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SUBJECT: EMPLOYEE ETHICS (Category I) PURPOSE: The purpose of this policy is to establish guidelines for ethical standards of conduct that shall govern City employees in the performance of City business and in the duties of their respective jobs.

STATEMENT OF POLICY: It shall be the duty of all employees to conduct themselves and City business according to the highest standards of ethical conduct at all times, avoiding conflicts of interest and obtaining personal benefit from the use of public resources.

This policy is intended to provide positive direction to City employees in order to prevent potential conflicts of interest but is not all-encompassing in its definition of conflict of interest. The "prudent man" theory can and will be applied: action deemed inappropriate by a reasonable person, whether specifically cited in this policy or not, will be subject to review.

Conflicts of Interest No City employee shall engage in any act, which is in conflict of City interests or creates the appearance of unfairness or conflict of interest with the performance of official duties. An employee shall be deemed to have a conflict of interest if the employee: 1. has any financial interest in any sale to the City of any goods or services when such financial interest was received with prior knowledge that the City intended to purchase the property, goods, or services; 2. solicits, accepts, or seeks (either directly or indirectly) a gift, gratuity, or favor from any person, firm, or corporation involved in a contract or transaction which is or may be the subject of official action by the City; Recognizing that personal friendships often precede and can evolve from official contact between employees and persons engaged in business with the City, reasonable exceptions to this section are permitted for those occasions which are social in nature and are not predicated on the employee's ability to influence, directly or indirectly, any matter before the City. The employee will be guided in interpretation of this section by the distinction between a gift, gratuity, or favor given or received which has significant monetary value and is offered or accepted in expectation of preferential treatment, and an expression of courtesy. Examples of acceptable courtesies include: a meal or social event; exchanges of floral offerings or gifts of food to commemorate events such as illness, death, birth, holidays, promotions; a sample or promotional gift of nominal value ($25 or less).

3.

4.

participates in his/her capacity as a City employee in the issuing of a purchase order or contract in which he/she has a private pecuniary interest, direct or indirect, or performs in regard to such contract some function requiring the exercise of discretion on behalf of the City; engages in, accepts employment from, or renders services for private interests for any compensation or consideration having monetary value when such employment or service is incompatible with the proper discharge of official duties or would tend to impair independence of judgment or action in performance of official duties, or give the appearance of the above; An employee should not make a unilateral decision, if there is any doubt about his/her private employment. The City Manager's office should be consulted.

5.

6.

discloses or uses without authorization confidential information concerning property or the affairs of the City to advance a private interest with respect to any contract or transaction which is or may be the subject of official action of the City; or has a financial interest or personal interest in any legislation coming before the City Council and participates in discussion with or gives an official opinion to the City Council unless the employee discloses on the record of the Council the nature and extent of such interest.

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Use of Public Property No employee of the City shall request, use, or permit the use of City-owned vehicles, clothing, equipment, materials, or other property for personal convenience, profit, private use, or as part of secondary employment. Use of such City property is to be restricted to such services as are available to the City generally and for the conduct of official City business.

Authorized personal use may include taking an assigned City vehicle to lunch on workdays within the guidelines issued by department heads, use of a City copy machine at cost, stopping to run personal errands when the destination point is in conjunction with official or authorized business, and other nominal personal uses as permitted by policy or the City Manager on a case-by-case basis.

Political Activities: 1. No City employee may use City time or resources in any manner to promote any political issue or candidate, to solicit funds for any political purpose, or to influence the outcome of any election. With the approval of the City Manager, an exception shall be allowed when the subject of an election has received the endorsement and support of the City Council (e.g. tax or bond issue).

2. No City employee shall be eligible for appointment or election to any public office when the holding of such office would be incompatible or would substantially interfere with the discharge of official duties.

DEFINITIONS: Employee................An employee is defined as any person holding a regularly compensated position for the City of Anniston, including regular full time, part-time, temporary, and seasonal or any other classification that is regularly compensated.

Interest....................Interest is any direct or indirect monetary or material benefit accruing to a City employee as a result of a contract or transaction which is or may be the subject of an official act or action by or with the City (except for such transactions which would confer similar benefits to all other persons and/or property similarly situated). Interests include: (a) interests in an employee's family, (b) any business entity in which stock or legal beneficial ownership is in excess of one percent (1%) of the total stock, or legal ownership is controlled or owned directly or indirectly by the employee, (c) interest in any business entity in which the City employee is an officer, director, or employee, (d) interest in any person or business entity with whom a contractual relationship exists with the employee; provided that a contractual obligation of less than $500 or a commercially reasonable loan or purchase made in the course of ordinary business shall not be deemed to create a conflict of interest.

Immediate Family...Family includes spouse, child, parent, parent-in-law, brother, sister, grandparent, son-in-law, daughter-in-law, and grandchildren. Family also includes other persons who reside in the employee's household or who are financially dependent upon the employee.

Contract..................Contract shall include any contract or agreement, sale, lease, purchase, or purchase order.

Discipline Any employee who is found to be in violation of this policy may be subject to disciplinary action up to and including termination from employment. Depending upon the seriousness of the action, other appropriate civil or criminal sanctions may also be pursued.

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EFFECTIVE DATE: APPROVED: REVISION HISTORY:

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SUBJECT: DRIVER'S LICENSES (Category I) PURPOSE: To establish a policy for the requirement of a valid Driver's License by employees whose Jobs routinely involve driving City vehicles.

STATEMENT OF POLICY: Any employee whose work requires that he or she drive City vehicles must hold a valid Alabama State Driver's License.

All new employees who will be assigned work entailing the operation of a City vehicle will be required to submit to a Department of Motor Vehicles driving records check as a condition of employment. The Personnel Officer shall process such checks. A report indicating a suspended or revoked license status may be cause to deny or terminate employment.

Department Heads or Division Supervisors shall make periodic checks of employee drivers’ licenses through visual and formal Department of Motor Vehicles review checks. Any employee who does not hold a valid driver's license will not be allowed to operate a City vehicle until such time as he/she obtains a valid license.

Any employee performing work that requires the operation of a City vehicle must notify his/her immediate supervisor in those cases where his/her license is expired, suspended, or revoked. An employee who fails to immediately report such revocation or suspension to his/her supervisor and continues to operate a City vehicle shall be subject to possible termination.

EFFECTIVE DATE: APPROVAL: REVISION HISTORY:

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SUBJECT: NEPOTISM (Category I) PURPOSE: To establish policy for the employment of immediate relatives in order to assure both the reality and appearance of fairness in the City’s employment practices.

STATEMENT OF POLICY: It is the City's policy that immediate relatives will not be employed in regular full-time or regular part-time positions when: 1. one relative would have the authority to supervise, appoint, remove, discipline, or evaluate the performance of the other; 2. one relative would be responsible for auditing the work of the other; or 3. other circumstances exist which would place the relatives in a situation of actual or reasonably foreseeable conflict between the City's interest and their own.

DEFINITION: The term “immediate relative” includes spouse, child, parent, brother, sister, grandparent, parent-in-law, daughter-in-law, son-in-law, or grandchild. The term also includes other persons related by blood or marriage who reside in an employee’s household or who are financially dependent on the employee.

When necessity requires the limitation of employment opportunity of spouses, the means chosen to meet the business necessity shall be those that have the least adverse impact on spouses or members of either sex. For example, the exclusion should be limited to the job, work crew, shop, or unit where the reason for exclusion exists, and should not bar the person from the whole work force unless the reason applies to the whole work force. When it is necessary to exclude a person because of what his or her spouse does, then the employees will be asked to determine which spouse shall keep the job. The City may require one spouse to resign 60 days after marriage if they become in violation of this policy and a mutually agreeable solution cannot be reached between the City and the employees.

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SUBJECT: WHISTLEBLOWER POLICY (Category I) PURPOSES: The purpose of this Administrative Policy, is to: 1) encourage reporting by City employees of improper governmental action taken by City Officials or employees, 2) protect City employees who have reported improper governmental actions in accordance with City policies and procedures, 3) act as a safeguard for legitimate City interests, and 4) provide for speedy dispute resolution.

STATEMENT OF POLICY: The City strives to conduct its business with the utmost integrity and in strict accordance with all applicable federal, state, and local law. Accordingly, employees are encouraged to bring to the attention of the City any improper actions of City officials and employees. The City will not retaliate against any employee who makes such a disclosure in good faith and in accordance with the procedures set forth in this policy.

DEFINITION “Improper actions� are actions undertaken by an official or employee in the performance of his or her official duties which (1) are in violation of any federal, state or local law, (2) constitute an abuse of authority, (3) create a substantial and specific danger to public health or safety, or (4) grossly waste public funds. Improper actions do not include common personnel actions, such as the processing of grievances, decisions regarding hiring, promotion, firing, and other discipline, or alleged violations of labor agreements, employment contracts or policies or procedures set forth in this policy manual.

Reporting Procedures: 1. Misconduct can often be corrected most expeditiously if handled internally. Accordingly, an employee who has a good faith concern that improper action has occurred or is about to occur must first raise that concern with the City. Specifically, the employee must submit his or her concerns and related information in writing to the City Manager. In the event that the complaint concerns the City Manager, it shall be submitted to the City Attorney. The identity of a reporting employee will be kept confidential to the fullest extent possible under law unless the reporting employee provides written authorization for disclosure.

2. The City shall have ten (10) working days to address the issue raised by the reporting employee and provide the reporting employee with a written response which identifies the alleged improper action at issue, describes the scope and findings of the investigation, states what, if any, action will be taken against the offending official(s) and/or employee(s) and explains why such action is appropriate.

3. If the reporting employee is not satisfied with the investigation and/or resolution of the complaint, the reporting employee may request reconsideration in writing within five (5) working days of receipt of the City's written response. Written requests for reconsideration must be submitted to the City Manager or Attorney and must identify the specific elements of the City's investigation or written response that the reporting employee finds unsatisfactory. The City has three (3) working days to advise the reporting employee in writing whether reconsideration will be granted. Any reconsideration will be limited to examination of the specific issues raised by the reporting party in his or her written request. The City will have five (5) working days from the date reconsideration is granted to complete its additional investigation and provide the employee with a written response.

4. If a reporting employee is still dissatisfied with the City's investigation or response, the reporting employee may disclose the complaint to an outside agency or organization for further review or to the City Council in regular session. Reporting employees may disclose complaints to outside agencies only after fully exhausting the reporting and reconsideration procedures set forth in this policy. All reporting employees must strictly follow this policy. Employees who comply with the policy shall not be subject to discipline or discharge for reporting, disclosure, or other activities subject to the policy.

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reporting employee can show that persons or property will be damaged if the alleged improper conduct is not immediately addressed.

Reporting employees who, after exhausting the internal reporting and reconsideration procedures, choose to continue to pursue their complaints should consider contacting one or more of the following organizations: the Office of the Attorney General; the Office of the State Examiners of Public Accounts; the Alabama Ethics Commission, the Regional Office of the Department of Housing and Urban Development’s Regional Inspector General for Audits; or the Calhoun County District Attorney’s Office.

Protection from Retaliation All City personnel are prohibited from taking any adverse employment action against an employee who registers a complaint with a public body in accordance with this policy. If an employee believes there has been retaliation for reporting improper actions in accordance with this policy, the employee may seek redress as follows.

1. The employee must provide written notice of the charge of retaliatory action to the City Manager or Attorney within thirty (30) days of the date the alleged retaliatory action occurred. The notice must describe the alleged retaliatory action and identify the persons allegedly involved and the relief requested.

2. The City Manager or Attorney must respond to the charge in writing within thirty (30) days of its submission. Said response must describe the investigation conducted; state and explain the disposition of the charge; identify the relief, if any, that is being granted, and explain why the relief is appropriate.

3. The charging party is entitled to a hearing if he or she so chooses; however, the hearing must be requested in writing within fifteen (15) days of delivery of the City's written response to the charge or, if the City fails to respond within the allotted thirty (30) day period, within fifteen (15) days of the last day upon which the City could have responded.

4. Within five (5) working days of receipt of a timely request for hearing, the City shall apply to the state office of administrative hearings for an adjudicative proceeding before an administrative law judge.

5. Unless the administrative law judge extends the period, the judge shall issue a final decision no later than forty-five (45) days after the date the timely request for hearing was delivered to the City. The administrative law judge's decision is subject to court review.

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SUBJECT: PERSONAL APPEARANCE AND DRESS (Category I) PURPOSE: The purpose of this dress code policy is to provide guidance for all administrative, supervisory, technical, and professional employees as to appropriate business and casual business wear during normal workdays. A primary purpose is to have employees project a professional image while allowing a comfortable working environment.

STATEMENT OF POLICY: City employees shall always be well-groomed and dressed in a manner suitable for the public service environment and will project a positive City image.

DEFINITIONS: “Casual business wear” means clean, neat, clothing that contributes to an appropriate and generally accepted image of the respective job classification. For men, ties and sport coats will be optional. Slacks, corduroys, khakis, dressy jeans, sweaters, shirts with collars, polished leather shoes and quality accessories are acceptable. For women, all of the same items plus dress-denim skirts, mid-length skirts, flat shoes and loosefitting stirrup pants accompanied by a long top or jacket are acceptable. Anything one would normally wear to a gym, beach, bar, or to clean the garage would generally not fall under the definition of business wear. Regardless of the item, any attire that is excessively worn, frayed or wrinkled does not fall under the definition of acceptable casual business wear.

The employee's supervisor will discuss the subject of personal appearance with the employee if it is felt it does not positively reflect a favorable image of the City staff.

Guidelines 1. More formal attire such as dresses, business suits, coats (or blazers) and ties are recommended, particularly for more auspicious events such as meetings with dignitaries, visits from development prospects, Council Meetings, or large gatherings of constituents. This standard will be looked upon very favorably when annual evaluations are made.

2. Employees may wear “casual business wear” as defined above on normal business days; however, on Fridays clothing emblazoned with the logos of one’s college alma mater (e.g.: Alabama, Auburn, Jacksonville State, LSU, etc.) is acceptable (if not too obnoxious).

3. On occasion, management may announce special dress days where looser clothing standards apply, including sweatshirts, colored T-shirts (without messages), and athletic shoes which can be worn in order to allow employees to enjoy a special occasion such as Halloween costumes, spring or fall office "cleanup" clothes, summer picnic attire, etc.. Employees should ask their supervisors ahead of time about choices that may be questionable.

4. Department heads shall provide more detailed guidance since the circumstances vary from department to department. For example, PARD employees commonly wear clothing of uniform colors for identification purposes. The duties of many employees necessitate styles that endure more wear and tear due to greater physical demands.

5. Police and Fire personnel should wear approved uniforms according to their departmental Standard Operating Procedures (SOP) manuals. Senior officers should hold themselves to a higher standard of formality, rather than a more casual standard, especially during more auspicious occasions.

6. Listed here are of some of the more common items that are and are not appropriate for the office. Obviously, neither group is intended to be all-inclusive. Rather, this inventory should help set the general parameters for proper casual business wear and allow employees to make intelligent judgments about items that are not specifically addressed. A good rule of thumb is this. “If you are not sure something is acceptable, choose something else or ask your supervisor ahead of time. a. Slacks. Jeans and cotton slacks are acceptable provided they are clean and wrinkle free. Inappropriate items include sweat pants, shorts, bib overalls, .spandex or other form-fitting pants and Jeans that are Page 30

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excessively worn or faded.

Shirts. Casual shirts with collars, golf shirts, sweaters and turtlenecks are acceptable. Avoid T-shirts, sweatshirts, tank tops, halter tops, shirts with large lettering or logos and any tops with bare shoulders unless worn under another blouse or jacket. c. Dresses and skirts. Casual dresses and skirts, Jean skirts and mid-length split skirts are acceptable.

Mini-skirts and spaghetti-strap dresses are not acceptable. d. Footwear. Loafers, boots, flats, dress sandals and leather deck shoes are acceptable. Casual socks or even no socks or stockings are acceptable if it s appropriate for the rest of the outfit. Athletic shoes, sneakers, thongs and slippers are not acceptable. e. Jewelry--Jewelry, if worn, should be simple and classic. Ear rings are not acceptable for men. f. Other--Belts and socks in complementary, muted colors are necessary for completing a professional look.

Caution. Extremely loose clothing or over accessorizing may be hazardous. b.

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SUBJECT: PERSONAL TELEPHONE CALLS (Category I) PURPOSE: To provide for control of incoming and outgoing personal telephone calls.

STATEMENT OF POLICY: City phones are to be used for City business and may be used for personal business on a limited basis only.

Procedures Telephone calls received during business hours must be held to both a minimum number and time limit and must not interfere with the employee's work.

When a toll call must be placed, the call is to be billed to the employee's home number or made collect.

It is the employee's responsibility to ensure that no cost to the City results from their personal telephone calls.

Violation of this policy will minimally result in cost reimbursement to the City and may subject the employee to disciplinary action.

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ACCEPTABLE USE OF INFORMATION RESOURCES POLICY (Category II) PURPOSE: The purpose of this policy is to outline the acceptable use of The City of Anniston’s computer and network resources. These rules are implemented to protect the employee and the City. Inappropriate use exposes the City to risks including virus attacks, compromise of network systems and services, and regulatory and legal compliance issues.

STATEMENT OF POLICY Anniston provides access to the Internet to only enable employees to fulfill business requirements, including accessing information from Internet sites of vendors, securing software updates and fixes as authorized to keep approved enterprise software current, and the ongoing communication with software vendors relative to the regular operation of their software.

Acceptable Use of City Information Resources Internet/Intranet/Extranet-related systems, including but not limited to, computer equipment, software, operating systems, storage media, network accounts providing electronic mail, Internet browsing, and FTP, and the like are the property of the City. These systems are to be used for official purposes in serving the interests of the city and or our constituents in the course of normal operations. Effective security is a team effort involving the participation and support of every city employee and contractor who deals with information and/or information systems. It is the responsibility of every computer user to know these guidelines, and to conduct his or her activities accordingly.

The City provides computer equipment and network access including Internet connections intended only for authorized users to conduct legitimate city related business and for professional development activities that further the operations and programs of the city. While Anniston desires to provide a reasonable level of network privacy, users should be aware that the data they create on public systems remains the property of the public.

Further, because all information stored on the city’s computers and network is considered public property, management cannot maintain the confidentiality of information stored on any network device belonging to the city.

Connection to the Internet using the City’s resources must not jeopardize those resources or the reputation or the integrity of the City. Further, all Internet use on resources provided by the City will be in accordance with the procedures set forth in this document.

The City reserves the right to monitor, track, record, or audit Internet usage using City equipment or network facilities. There is no expectation of privacy since all personal information is subject to internal or external disclosure. In general it is not acceptable to use the City’s computer or network resources for purposes which: 1. Violate federal, state or local law, 2. Are harmful or harassing to others, 3. Introduce, either intentionally or by negligence, computer viruses, worms, Trojan horses, or other destructive code, 4. Create an unauthorized link on personal or commercially oriented web sites, 5. Violate personal privacy of employees or customers, or 6. Are personal or commercial and that are intended for the exclusive benefit of the user.

Release of Email Content All users are cautioned that the content of their messages along with attachments are subject to release to inquirers according to the Freedom of Information Act and specific Alabama law. Users are charged with the responsibility to maintain their own privacy. The city cannot be held responsible for the release of users’ private information when the FOIA and state law require compliance with requests for release of all but the most limited information.

BASELINE CONTROL STANDARDS Examples of Acceptable Use Page 33

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1.

2.

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Communications and information exchanges directly relating to the vision, mission, and work tasks of the City; Announcements of laws, regulations, and other information involving compliance; and Use of advisories, standards, research, analysis and professional development activities related to the user’s City recognized job duties.

Examples of Prohibited Use The following activities are prohibited. The list is by no means exhaustive, but an attempt has been made to provide a framework for activities, which fall into the category of unacceptable use: General 1. Under no circumstances is an employee of Anniston authorized to engage in any activity that is illegal under local, state, federal or international law while utilizing the city’s computer resources or network services.

2. The City has adopted and will strictly enforce a "ZERO Tolerance" policy with respect to the access, storage, or other use of pornography enabled by City computer or communications resources. Such use is considered a “dismissible” offense.

3. Exporting software, technical information, encryption software, or technology in violation of international, national, or regional export control laws, is illegal.

4. All users of the corporate network or the Internet must have approved virus protection software installed and regularly updated.

System and Network Activities 1. Users may not violate the rights of any person or corporation protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by the city.

2. Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books or other copyrighted sources, copyrighted music, and the installation of any copyrighted software for which the City or the end user does not have an active license is strictly prohibited.

3. Introduction of malicious programs into the network or server (e.g., viruses, worms, Trojan horses, email bombs, etc.).

4. Revealing one’s account password to others or sharing use of one’s account by others. This includes family and other household members when work is being performed at home.

5. Using the city’s computing asset to actively engage in procuring or transmitting material that is in violation of sexual harassment or hostile workplace laws.

6. Making fraudulent offers of products, items, or services originating from any city account.

7. Effecting security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which the employee is not an intended recipient or logging into a server or account that the employee is not expressly authorized to access, unless these duties are within the scope of assigned responsibilities. Disruption includes, but is not limited to, network sniffing, pinged floods, and packet spoofing, denial of service, and forged routing information for malicious purposes.

8. Port or security scanning is expressly prohibited unless permission is granted by the City Manager.

9. Executing any form of network monitoring which will intercept data not intended for the employee's host, unless this activity is specified in the employee's normal job description.

10. Circumventing user authentication or security of any host, network, or account.

11. Use that degrades the system in such a manner as to restrict or inhibit other legitimate users from using the system in an effective and efficient manner.

12. Interfering with or denying service to any user other than the employee's host, such as a denial of service attack.

13. Using any program/script/command or sending messages of any kind with the intent to interfere with or disable a user's terminal session in any way locally or via the Internet/Intranet/Extranet.

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14. Providing information about, or lists of, city employees to parties outside the City without clearance from the Personnel Office.

Email and Communications Activities 1. Sending unsolicited email messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material (email spam).

2. Sending or disseminating material classified as confidential, such as that protected by the Taxpayer Bill of Rights law in Alabama or confidential information provided by companies contacting the city in regard to locating in the city or incentives under negotiation.

3. Offensive material of a sexual or discriminatory nature will NOT be tolerated. In addition, visits to sites exhibiting this type of material are strictly forbidden. Accidental access to such material must prompt an immediate disconnect!

4. Any form of harassment via email, telephone, or paging, whether through language, frequency, or size of messages.

5. Engaging in any activity for personal gain or personal business transactions including "day trading" or other stock trading.

6. Use of the City’s resources to play games on the Internet, up-loading or downloading games or screen savers.

7. Unauthorized use, forgery, or alteration of email headers by employees is prohibited. For example, altering the source of email (the legitimate user id) to another identifier for the purpose of "spoofing," harassing, or perpetrating fraud on an individual is expressly prohibited.

8. Conducting any political activity.

9. Soliciting the performance of any activity that is prohibited by law.

10. Making personal purchases or shopping on line for products of a personal nature.

11. Creating or forwarding "chain letters" or "pyramid" schemes of any type.

12. Posting the same or similar non-city-related messages to large numbers of Usenet newsgroups (newsgroup spam).

User Responsibilities 1. It is the responsibility of each individual city employee to comply with established policies and procedures as well as to report known or suspected incidents of abuse.

2. Department Heads must supervise the content being posted to their departments’ web pages to insure its accuracy and its suitability from a moral standpoint.

3. While information security is a shared duty of every city employee, the city’s contracted IT consultant through the City Manager’s Office provides technical guidance to Department Heads and others.

4. Other city Departments should incorporate or reference pertinent sections of this policy into their standard processes and procedures.

5. Department heads are responsible for taking appropriate disciplinary action when this policy is contravened.

6. Department heads are responsible for ensuring that all employees are aware of the provisions of this policy and standards document. This includes the assurance that there is a communications vehicle capable of informing all users of management’s intent with respect to Internet and technology use throughout the enterprise.

7. Department heads must ensure that all employees, contracted workers, and others understand and comply with this and other Information System policies.

8. Department heads must ensure that access by employees, contractors and others to computing resources, data, information, and information processes is limited to those processes required to perform his or her current responsibilities and that the appropriate IT support person is notified when changes to such access privileges are required.

9. Department heads shall perform periodic management reviews to ensure the continued awareness of the requirements of this policy and that all employees and contracted workers continue to be aware of their individual responsibilities.

10. Inform employees, contractors and third parties of any additional departmental guidelines.

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11. Department heads shall report all known or suspected security violations or information abuse to the City Manager.

12. All users are personally accountable for the content of their email communications or other information downloaded from the Internet.

13. Each user has the individual responsibility to protect passwords and other access information for accounts that are established on the Internet. Access information for these accounts should not be shared with others.

14. All users should propose additional department requirements for protecting computing resources and information with management.

15. All users must report any known or suspected security breaches to appropriate IT Support staff and departmental management.

Variance Management expects adherence to all IT policies. However, under rare circumstances, a user may need to perform tasks or use information systems in a manner that is not consistent with this and other Information Resource policies. The City Manager must approve all such variances in writing and in advance. Variances will be reviewed periodically to determine if the conditions for granting the exception continue to be valid. Variances that violate law or regulatory requirements may not be granted.

Maintenance 1. This policy will be periodically (at least annually) reviewed and updated for effectiveness and efficiency.

Should there be an urgent need to modify this policy, the City Manager may issue a Policy Memorandum.

If needed permanently the revision will be incorporated into the next revision of the applicable city policy.

2. All recommended changes or modifications to this policy should be forwarded to the City Manager Enforcement This Policy will be monitored and enforced by the City Manager. Failure to comply with the policy and applicable law or regulation may subject the offender to disciplinary action, up to and including termination.

Distribution This policy will be distributed to all city management employees via email. Managers having reporting employees should cover the content of this policy in the next scheduled employee meeting, reporting success by the submission of the verification form attached hereto to the Personnel Office for filing in the employee’s personnel file. Familiarity by all employees should be be assured within 60 days of receipt.

Internet Policies and Procedures Notification Verification Form I have read and understand Anniston’s Acceptable Use Policy concerning the city’s Information Resources. By signing this form, I agree to abide by the policy and procedures detailed in this document. I recognize that compliance with the law and associated policy regarding use of Internet, electronic mail, and the City’s information system is my personal responsibility.

I have been notified and understand the City’s "Zero Tolerance" Policy with respect to illegality or abuse. I understand my individual usage activities are subject to monitoring by authorized personnel and any violation of the spirit or intent of the policy or requirements can lead to loss of privileges, legal action, or other action including dismissal.

I understand that under no circumstances do I have any expectation of privacy while using the City’s Email or other technology resources.

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User Name: __________________________________

Department: ________________________________

User Signature: _______________________________

Date:

______________________________________

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SUBJECT: USE OF CITY-OWNED MOTOR VEHICLES (Category II) PURPOSE: To establish guidelines for the use of City-owned motor vehicles.

STATEMENTS OF POLICY: Except as set out herein, city-owned motor vehicles shall be used for official City business only and are not to be used for personal trips to and from home, shopping trips, meal trips during working hours, or any other trips for individual benefit.

Guidelines and Standards 1) General Guidelines a) Employees may take a City-owned vehicle home for one night when attendance at an out-of-city meeting is required before or after normal working hours. b) Employees designated by their Department Heads to be "on 24-hour call" for department emergencies may take a City-owned vehicle home; however, city vehicles are not to be used for personal transportation.

2) Approval for Item 1.A above may be granted verbally by the employee's Department Head or by the City Manager for Department Heads.

3) Approval for 1.B above must be requested, with specific and detailed justification, in writing to the Manager and concurrence obtained in writing from the Manager. The list of approved “1.b.” vehicle users shall be kept up to date and available for perusal in the City Manager’s Office.

4) City vehicles must be available for City business at all times.

5) City vehicles may be used for travel to lunch only: a) when an employee is on City business (e.g.: accompanying a visiting dignitary or commercial prospect) or b) when an employee is in a location where driving to obtain his/her personal car would result in an extra and unnecessary expenditure of fuel (e.g.: in another town or other remote location).

6) Transporting family members in City vehicles is prohibited. If family members are expected to accompany a city employee to a meeting or conference, the employee must use his or her own vehicle requesting mileage reimbursements afterward.

7) City vehicles shall be legally and appropriately operated and/or parked at all times. Violations issued to the driver of the vehicle will be the responsibility of the driver not the City.

8) Seat belts will be used by the driver and all passengers at all times when the vehicle is in motion. It shall be the driver's responsibility to ensure use of seat belts by all passengers.

9) Department Heads may establish supplemental or additional department vehicle policies, which shall be distributed to staff and included in this manual as appendices.

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SUBJECT: POLITICAL ACTIVITIES (Category I) PURPOSES: 1. To foster governmental efficiency and to ensure that employees can perform their jobs without being pressured to support specific Council or other political candidates or to interpret regulations favorably for supporters of such candidates; 2. To allow employee performance and advancement to be judged without regard to prior political activity; and 3. To promote public confidence in the integrity of City government to the end that employees of the City will not be perceived as making decisions on the basis of political loyalties.

STATEMENTS OF POLICY: An employee shall be subject to discipline up to and including immediate dismissal for violation of these provisions: 1. While on duty during an assigned work shift as an employee of the City, no officer or employee shall request or solicit contributions or anything of value for any political candidate or cause or to participate in any political campaign by: a. speaking in favor of any candidate or cause; b. distributing campaign related literature; c. picketing or demonstrating on behalf of or in opposition to any political candidate or cause; or d. organizing, planning, or in any other way participating in the administration of any political campaign.

2. No officer, employee, or volunteer shall, while on duty and/or in the uniform of the City, or while in or operating any City vehicle, display any badge, button, sign or sticker promoting or opposing any political cause or candidate.

3. No officer or employee of the City shall use public funds, property, or any other instrumentality or thing of value belonging to the City to promote or oppose any political cause or candidate.

4. Nothing in this policy shall be interpreted to prohibit an employee from: a. expressing an opinion regarding any political issue in ordinary conversation during working hours providing that such a conversation does not interfere with the employee's assigned job duties. b. wearing a pin or button promoting or opposing any cause or candidate.

5. No officer or employee of the City shall use his/her public office or employment for the purpose, or with the effect of: a. Coercing or intimidating any City employee or employees with respect to contributing to, opposing or promoting, or refraining from contributing to, opposing or promoting any political cause or candidate.; b. Obtaining a benefit as a result of any political activity by intentionally committing an unauthorized act under color of law; and/or c. Intentionally refraining from performing a duty imposed upon him by law.

6. No officer or employee of the City shall engage in any political activity which is prohibited under state or federal law. Any person engaging in such an activity may be subject to disciplinary action, up to and including immediate dismissal. The following list of activities is included for illustrative purposes. Any illegal activity which is prohibited by state law but which fails to appear on this list is hereby incorporated by reference.

7. No officer or employee shall at any time engage in any of the following activities within 300 feet of a polling place: a. Electioneering, b. Circulating cards or handbills, c. Soliciting signatures, d. Interfering with voting or the administration of the polling place, or e. Conducting an exit or public opinion poll, 8. No officer or employee shall at any time engage in any of the following activities: Page 39

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Obstruct or prevent access to a polling place; Remove a ballot from a polling place or solicit a voter to show his or her ballot; Attempt to intimidate, influence or bribe a voter by menace, force, threat or corrupt means; Directly or indirectly offer a bribe or reward to induce a voter to vote for or against a person or proposition; Attempt to influence a voter to vote or not to vote, directly or indirectly, by menace or corrupt means; Hinder, disturb, persuade, threaten or intimidate any person from giving his/her vote; Knowingly and willfully make a false assertion or propagate a false report concerning a candidate which has a tendency to prevent his/her election; Give a bribe or thing of value to secure a vote, solicit a bribe, or otherwise to offer any preference or other valuable consideration to give or withhold a vote.

Federally Funded Programs. In addition to this policy, an officer or employee whose position is funded totally or primarily with federal funds shall be governed by the rules established by the United States Civil Service Commission and/or the Office of Personnel Management. Any person who administers Federal funds under a contract which limits the political activities of the administrator or which incorporates U.S. Civil Service rules shall comply with those provisions. Failure of any officer or employee to comply with applicable restrictions imposed by such a grant or contract shall be subject to disciplinary action, including immediate dismissal or contract termination EFFECTIVE DATE: APPROVAL: REVISION HISTORY:

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SUBJECT: SMOKING POLICY FOR EMPLOYEES WITHIN CITY-OWNED FACILITIES (Category I) PURPOSE: To respond to the increasing evidence that tobacco smoke creates a danger to the health of persons who are present in a smoke-filled environment and to establish City policy to regulate the use of smoking materials by City employees while on duty. Every attempt will be made to obtain to the greatest extent possible, freedom for the nonsmoker from the harmful effects of smoking materials, while preserving a reasonable degree of freedom for those who choose to smoke.

STATEMENT OF POLICY: Definition: "Smoke" or "smoking" shall mean and include the smoking or carrying of any kind of lighted pipe, cigar, or cigarette.

Smoking will be restricted to designated areas as established by the City Manager. The following areas have been so designated provided that the resulting smoke does not affect nonsmoking employees or the public: Public Safety Buildings: Community Centers: City Owned Vehicles: City Hall:

Apparatus (Truck) Bays Lower level equipment bays Public areas of private parties No smoking in City vehicles when a nonsmoker is present.

1. Outside but near the exit on the north side of the building adjacent to the City Clerk’s Office.

2. Outside but near the exit on the south side of the building adjacent to the Public Works Director’s Office.

3. Outside the front entrance of the building but no closer to the door than _____ feet.

Smoking shall further be prohibited in City Hall, including all counter areas frequented by the general public, in all meeting rooms used by City staff, in all stairways and restrooms, and in all work areas where nonsmokers and/or sensitive equipment may be subject to the effects of smoke.

Areas designated for smoking may change from time to time to meet the needs of the City and desires of its employees and the public. In the event there is a conflict about the establishment of a smoking area, the right of the nonsmokers to breathe clean air free from harmful smoke shall supersede the right to smoke.

Signs prohibiting smoking shall be conspicuously posted in every facility and major work area where smoking is prohibited. Ashtrays will not be kept in nonsmoking areas. Ashtrays will be made available in the designated smoking areas and are to remain in the designated areas at all times.

Page 1 of 2 Smoke breaks are to be confined to the affected employees lunch period or rest break.

PROCEDURE: The effectiveness of this policy shall depend largely on the understanding and willingness of all employees to abide by its provisions and to request others to do so. Smokers must consider the health concerns and comforts of their nonsmoking co-workers and nonsmokers must consider the freedom of choice of the smoker. It shall be the responsibility of each employee to abide by the rules and regulations contained in this policy, and it shall be the responsibility of the affected Department Head to see that the policy is applied in an equitable manner and adhered to by all employees.

Complaints of violation of the policy should be directed to the Department Head responsible for the particular work area or facility involved in the complaint. The Department Head shall be responsible for notifying the violator of Page 41

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the pertinent portions of this policy. Failure to comply with the policy after proper notification shall initiate the City's progressive discipline procedures.

EFFECTIVE DATE: APPROVAL: REVISION HISTORY:

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SUBJECT: CONFLICT OF INTEREST / MOONLIGHTING (Category I) PURPOSE: To establish guidelines to guard against conflicts of interest and to assure an employee's ability to render full service to the City.

STATEMENTS OF POLICY: 1. Employees must avoid situations that might cause their interests to conflict with the City’s or might compromise the City's integrity and reputation.

2. Working for individual, personal gain or profit during hours when an employee is expected to be on the job at his or her city post, is prohibited and may subject the offender to disciplinary action up to an including termination of employment.

DEFINITION: A conflict, or the appearance of one, occurs when an employee or a close family member of an employee uses his or her position at the City for personal benefit through an investment, association, or business relationship that interferes with his or her ability to exercise independent judgment on behalf of the City. An example would be having a financial interest in, or moonlighting with, any company that is a customer or supplier of the City or in anyway could be subject to any proposal or permit arising from the employee’s official duties.

Full time employees are required to work full time for the city, that is, eighty hours per pay period. Further, work shifts are established by Department Heads in order to deliver city services efficiently and effectively; so employees are expected to be at work during their prescribed times. Department heads are expected include themselves in their posted shift schedules and comply with the same departmental shift schedules as their subordinates.

Employees shall not conduct any outside business or employment activities utilizing city resources or telephones.

An employee holding or considering an additional job or additional self-employment must notify his or her supervisor in order to ensure that the job will not create a conflict of interest or interfere with the proper performance of his or her duties.

Police and Fire Departments’ Standard Operating Procedures (SOP) 1. Police Officers are required to adhere to the Off-duty Job regulations in General Article #400.055 and Administrative Order 28A-2-97 of the APD’s Standard Operating Procedures.

2. Firefighters are required to adhere to the Off-duty regulations in Chapter IV (Code I-IV-9) of the Fire Department’s Standard Operating Guidelines.

EFFECTIVE DATE: APPROVED: REVISION HISTORY:

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RIGHT-OF-WAY CLOSURE POLICY (Category II) Rationale: The blockage of streets for private or limited purposes can be inconvenient or even hazardous to the public at large; therefore, the policies and procedures applied should maximize the benefits to requesters while minimizing risk to others.

PURPOSE: To provide guidance to city staff on closure of streets, alleys, and/or sidewalks when requested by citizens.

STATEMENT OF POLICY No public right-of-way in the City may be blocked or restricted to limited or private use without approval of the City Council, except according to the following procedures.

Major Closures An event that requires the blockage or restricted use of multiple blocks or multiple streets is considered a large scale or Major Event. Requests for Major closure must be submitted to the Events Committee through the City Manager’s Office.

4. The following events and parades have been and should continue to be considered major events requiring Council approval: Noble Street Festival, the Rumble on Noble, Super Saturday, the Veterans Day Parade, the Christmas Parade, Juneteenth, and Woodstock Run. Future events of similar size and impact shall be considered Major.

5. These type events are generally coordinated by the established Events Committee; however, if no city services are needed, the request may be submitted directly to the Council, by-passing the committee. Streets, the closure of which is considered major, include but are not limited to Crawford, Moore, Gurnee, Noble, and Wilmer. The closure of streets under the control of the Alabama Department of Transportation such as Quintard, Greenbrier Dear, and Golden Springs cannot be closed without ALDOT approval.

6. After review and approval by the committee (or, as in the case of subsection two (2) above) the event sponsor or chairman must submit the request for street closure or restricted use to the Council.

Minor Closures An event that requires the blockage or restricted use of a short segment of a minor street, sidewalk, or alley will be considered a Minor Closure. A request by an event sponsor or organizer for a Minor Closure must be submitted to the City Manager’s Office at least five work days prior to the event.

3. Based on recommendations from the Police and Fire Departments as to safety, the City Manager will approve or deny the request and report same to the Council prior to the scheduled event or activity. Event sponsors or organizers denied closure may appeal the Manager’s decision to the City Council in writing.

4. Requests for Minor Closure must be submitted on either the approved “parade request form” or on the approved “event form.”

Construction Closures Closures or limiting access to public rights-of-way or other public places due to permitted construction projects shall be governed by Section 29.53 of the Code of Ordinances of the City of Anniston and/or Chapter 33 of the 2003 International Building Code.

Council Notice The Council is to be notified upon receipt of a closure request.

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APPROVAL: REVISION HISTORY:

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SUBJECT: SOLICITATIONS (Category II) PURPOSE: To establish a uniform policy for solicitations by sales representatives or agents in order to alleviate disruption of City employees during normal working hours.

STATEMENT OF POLICY: With the exception of United Way and other City-approved activities, peddling or soliciting for sale or donation of any kind on City premises during normal working hours is not allowed. Exceptions may be granted by the Manager's office.

Working hours include the working time of both the employee doing the soliciting or distributing, and the employee to whom such activity is directed.

Employees are free to discuss these matters before or after normal working hours, and during lunch or rest periods in non-work areas.

EFFECTIVE: Immediately

DATE:

APPROVAL:

LAST REVISED: Page 1 of 1

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SUBJECT: CONTRIBUTIONS AND HONORARIUMS (Category I) PURPOSE:

To establish a policy and procedure for reporting contributions and honorariums.

STATEMENT OF POLICY: Speeches and presentations which are related to City services delivered by City employees to community and professional organizations are made without charge. If an organization wishes to give an honorarium or contribution for such a presentation, the remuneration must be made to the City, not to the individual employee.

An honorarium or contribution for a speech or other presentation made by a City employee to a group outside the City, either during working time or for which the City provided travel expenses, will also be made to the City.

Such contributions and honorariums shall be turned over to the _______________ for disposition.

EFFECTIVE: Immediately

DATE:

APPROVAL:

LAST REVISED:

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SUBJECT: LIFE-THREATENING ILLNESSES IN THE WORKPLACE (Category I) PURPOSE: To establish policies regarding confidentiality, continued employment and reasonable accommodation of employees with life threatening illnesses.

STATEMENTS OF POLICY: Employees with life-threatening illnesses, such as cancer, heart disease, and AIDS, often wish to continue their normal pursuits, including work, to the extent allowed by their condition.

The City/Town/County of ________________ supports these endeavors as long as employees are able to meet acceptable performance standards. As in the case of other disabilities, the City/Town/County of ________________ will make reasonable accommodations in accordance with all legal requirements, to allow qualified employees with life-threatening illnesses to perform the essential functions of their jobs.

Medical information on individual employees is treated confidentially. The City/Town/County of ________________ will take reasonable precautions to protect such information from inappropriate disclosure. Managers and other employees have a responsibility to respect and maintain the confidentiality of employee medical information. Anyone inappropriately disclosing such information is subject to disciplinary action, up to and including termination of employment.

Employees with questions or concerns about life-threatening illnesses are encouraged to contact the Personnel Office for information and referral to appropriate services and resources.

EFFECTIVE:

DATE:

APPROVED: ___________________________________ LAST REVISED:

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SUBJECT: PERSONAL USE OF TELEPHONE AND MAIL SYSTEMS (Category II) PURPOSE:

To provide for control of incoming and outgoing personal telephone calls and mail.

STATEMENT OF POLICY: Phones, including FAX machines, are to be used for municipal business, and may be used for local personal business on a very limited basis only.

The use of city/town/county-paid postage for personal correspondence is not permitted.

PROCEDURE: To assure effective telephone communications, employees should always use the approved greeting and speak in a courteous and professional manner. Please confirm information received from the caller, and hang up only after the caller has done so.

Telephone calls received during business hours must be held to both a minimum number and time limit and must not interfere with the employee's work.

When a personal toll call must be placed, the call is to be billed to the employee's home number or collect.

It is the employee's responsibility to ensure that no cost to the city/town/county results from personal telephone or FAX calls.

Violation of this policy will minimally result in cost reimbursement to the city/town/county and may subject the employee to disciplinary action.

EFFECTIVE: Immediately

DATE:

APPROVAL:

LAST REVISED: Page 1 of 1

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SUBJECT: INFORMATION PROTECTION & CONTROL STANDARDS (Category II) PURPOSE: These guidelines set the standards for appropriate behavior of an employee when accessing the Internet.

These guidelines apply to all employees. The City specifically reserves the right to modify, change or discontinue any portion of the Internet guidelines from time to time at its sole discretion. All Internet users should first be familiar with the City's Information Protection and Control Standards and particularly the Internet Access policy contained herein.

DEFINITIONS: For the purposes of this policy, the following terms shall have the following meanings: Cracking. attempting to break into another system on which you have no account, and is treated as malicious intent.

Netiquette - a word made from combining "Network Etiquette". It is defined as the practice of good manners in a network environment.

MIME - Multipurpose Internet Mail Extension. The format for Internet mail that includes objects other than just text.

STATEMENTS OF POLICY: 1. Behavior Resulting in Disciplinary Action. The following behaviors are examples of actions or activities that can result in disciplinary action. Because all possible actions cannot be contemplated, the list is necessarily incomplete.

Thus, disciplinary action may occur after other actions when the circumstances warrant it. Disciplinary actions range from verbal warnings to termination; the severity of the misbehavior governs the severity of the disciplinary action.

The following are examples, but not an exhaustive list, or behaviors that may result in disciplinary action: A. Unauthorized attempts to break into any computer whether a City computer or that of another organization (Cracking).

B. Using City time and resources for personal gain.

C. Sending threatening messages.

D. Sending racially and/or sexually harassing messages or other messages that violate government regulations or laws.

E. Theft, or copying of electronic files without permission.

F. Sending or posting the City's confidential materials outside of the city or posting confidential materials inside the city to non-authorized personnel.

G. Refusing to cooperate with a reasonable security investigation.

H. Sending chain letters through electronic mail.

I. Sending messages that could damage the image or reputation of the City.

2. Behavior Considered Prudent, Good Manners, Etiquette. The following behaviors are recommended for sending Internet communications, participating in Internet mailing lists and Usenet groups, ftp, and telnet. Lack of conformance may result in loss of Internet access. These guidelines have been gleaned from a variety of Internet Guides.

Page 1 of 3

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A. Electronic Mail (E-mail). The following guidelines cover the sending of electronic mail outside the City.

Internet mail packages are significantly different than our internal printed mailings. Care should be used particularly when responding to a message or using mailing lists.

NOTE: Mail on the interned is not secure. Never include in an E-mail message anything that you want to keep private and confidential. E-mail is sent unencrypted, and is easily readable.

Be cognizant of any system etiquette. The computer on which you reside may have limitations on disk space usage. Mail takes up space. It is best not to save every message you receive.

Do not attempt to send anything but plain ASCII text as mail. Recipients may not have the ability to translate Word or WordPerfect documents. MIME format messages are encouraged. (MIME=Multipurpose Internet Mail Extension).

Be careful when sending replies - make sure you are sending to a group when you want to send to a group, and to an individual when you want to send to an individual. It is best to address directly rather than use the reply command.

Include a signature that contains methods by which others can contact you (Usually your E-mail address).

Let senders know you have received their mail, even if you cannot respond in depth immediately. They will need to know their mail has not been lost.

Use good grammar and syntax. Watch punctuation and spelling.

Remember that the recipient is a human being. Since they cannot see you, they cannot tell when you are joking. Be sure to include visual clues. Convention indicates the use of the smiled face.

DO NOT SEND MESSAGES ALL IN CAPITALS. It looks as if you are shouting. Use capitals for emphasis or use some other symbol for emphasis, i.e. That IS what I meant, (or) That *is* what I meant.

B. Internet Mailing list and Usenet News Groups. All the guidelines covering E-mail apply here as well.

Actively disclaim speaking for the City. Note that if you use a City system to post an article, the City name is carried along with what you post in (at least) the headers. The "standard" disclaimers attached to many articles are meaningless if the reader finds the article offensive.

Remember that some people have to pay for each byte of data they receive. Keep messages to the point without being so terse as to be rude.

Obey copyright laws.

Be sure to change your mailing address if your account changes. Do not simply forward your mail from your old account to your new one. This creates a burden on machines.

As a new member of a group, monitor the messages for a while to understand the history and personality of the group. Jumping right into the discussion may make you look foolish if you have no context.

Do not advertise City services, programs or products. This violates the Internet Acceptable Use Policy.

Do not re-post any messages without permission.

Page 2 of 3 Avoid cross-posting whenever possible. When not, apologize, especially if the groups seem to have a lot of overlap. Of course, apologize for any mistakes in posting.

Do not post personal messages to a group.

If you survey the group, post a summary.

Indicate quoted material.

Do not post any messages anonymously. This is viewed as bad form by the Usenet community and system managers are asked to track down offenders. This wastes time and resources and could be embarrassing to the City.

Do not re-post requests.

Make sure the subject of your message is clear.

Before joining lists or monitoring newsgroups, give thought to how much time these activities absorb. Also for Usenet, look at the news. announce. newusers group. It contains good information on getting started. There are also local groups that are good for new people.

Be sure to read the FAQs (Frequently Asked Questions) for your group(s).

If provoked, do not send angry messages (flames) without waiting overnight. If you still think a flame is warranted, label your message with "flame on". If you receive a flame, do not go overboard in reaction. Remember that not everyone is as polite as you are.

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3. FTP (File Transfer Protocol). do not ftp to any machines on which you do not have an account, or which doesn't advertise anonymous ftp services. Random net-hunting is not allowed.

Observe working hours or posted hours for ftp sites. Many sites request you NOT ftp between their local hours of 8 - 5.

Don't ftp during prime working hours. (9 a.m. - 4 p.m.).

Look locally before ftping something from a site geographically remote.

Don't ftp on the off chance you'll "need it someday." Conversely, do not hunt around for "neat stuff" to ftp. If you discover that you do not need what you've ftp'ed, delete it. You can always get it again if you discover you do need it.

Observe any posted restrictions on the ftp server.

Use your real username and node as your password on anonymous ftp servers.

4. TELNET (Remote connection to another computer over the Internet). Do not telnet to machines on which you have no account, or there is no guest account. Do not attempt to telnet deliberately into anonymous ftp servers.

Observe any posted restrictions on the machine to which you have telnetted. Do not try to telnet into miscellaneous ports; use only authorized ports for access. Telnet into City computers is strictly forbidden.

APPROVED BY: EFFECTIVE DATE: REVISIONS HISTORY: Page 3 of 3

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SUBJECT: ADMINISTRATION OF EMPLOYEE PERSONNEL RECORDS (Category I) PURPOSE: To establish procedures and responsibilities for the maintenance of employee Personnel Records.

STATEMENT OF POLICY: The Personnel Officer is responsible for establishing and maintaining an official personnel file for each employee of the City, maintaining privacy for the employee according to law.

Contents of Files: Personnel files may include psychological profiles, test results, polygraph results, background checks, oral statements made to staff, evaluation results, performance reviews, employment contracts, supervisor evaluation reports, disciplinary action records, etc..

1. Official Civil Service files (not to be confused with official employee personnel files) are maintained by the Civil Service Board according to law. Access to the Civil Services files may be allowed to the extent permitted by the Civil Service Board, if the City Manager and/or Department Head determine access would be helpful, necessary, or warranted for administrative purposes.

2. Department Heads are responsible for the forwarding of documents for inclusion in the Personnel files of those employees assigned to their departments.

3. Each employee is responsible for the verification of information contained in his or her personnel file through periodic audits. a. All audits or inspection of records by employees shall be scheduled by the Department Head. All audit appointments should be with the Personnel officer and/or Civil Service staff. The purpose of the audit or inspection is to ensure accuracy and completeness of the file. b. The Personnel Officer and the employee’s supervisor must be present when a file is audited. c. Only the Personnel Officer or Civil Service Board may remove items from their respective files with notification to respective Department Heads.

4. Separate personnel files shall not be maintained by individual departments, though unofficial copies of documents may be maintained by department heads for their general information.

5. Information to be included in the employee's personnel file are either permanent or temporary. Permanent documents are retained in the folder throughout the association of an employee with the City: 1. Employee application 2. Job description and specification information 3. Job performance ratings and evaluations 4. Education/training information 5. Personnel data card 6. Personnel action forms b.

Temporary documents (Personnel). Documents which have limited retention of three (3) calendar years or less unless otherwise provided pursuant to labor agreement. Examples include: 1.

Administrative correspondence relating to leave/vacation requests.

2.

3. files.

All other administrative documents of limited informational life span.

3. Letters of appreciation, commendation, or discipline.

Establishment of procedures for the release and accessibility of information and audit of the personnel

a.

Personnel treats as confidential all employee information except when requested to verify information relating to job title, department, base salary, and dates of employment. b.

Information contained in the personnel or civil service file (other than items listed in Section 3a will not be released to the public without the express written permission of the employee, provided, however, Page 53

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certain situations may arise where the City as current or past employer has a duty to prospective employers concerning such employee's character or medical history, in which cases, pertinent information may be released to the prospective employer without the permission of the employee. c.

Access to information contained in the personnel file will be limited to the Manager, Personnel Officer, respective Department Heads, immediate supervisor and individual employees. Files pertaining to employees who are bonafide candidates of interdepartmental transfer will be accessible by the prospective gaining Department Head. d. and purpose.

Each employee folder will contain an entry log for recording every person's access to the records

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4.

Items not included in the Official Personnel File and/or Official Finance Department records of the City may not be used for either promotional or disciplinary proceedings, unless the employee falsified time and information.

5.

This policy will be periodically reviewed to ensure compatibility with current accepted personnel procedures.

6.

These records are maintained during the tenure of the employee and for seven years after the employee leaves City employment.

EFFECTIVE: Immediately

DATE:

APPROVAL:

LAST REVISED: Page 3 of 3

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SUBJECT: HOURS OF WORK (Category I) PURPOSE: To establish a policy setting standard hours of work for employees.

Rationale: The standardization of working hours is necessary to (1) provide continuity of access by and service to the citizenry, (2) facilitate teamwork, and (3) maintain supervisory control while flexible scheduling is necessary to maximize efficiency and productivity STATEMENT OF POLICY: The normal work day for employees extends from 8:00 a.m. to 5:00 p.m., with a one (1) unpaid hour lunch period except as otherwise provided by a labor agreement or contract. This does not include personnel engaged in shift work such as Police, Fire, and (in some cases) public works crews. City Hall employees are expected to be at their work locations and ready to begin work at the beginning of their work schedules. The City shall provide each employee with one (1) hour for a meal between the third and fifth hour of each shift. All rest breaks and lunch breaks shall be arranged by the employee at the discretion of his/her supervisor. Lunch hour absences will be scheduled to allow for continuous staffing of all offices with at least one person.

Occasions may arise when the service to the citizen can be improved through the adjustment of an employee's work hours. The Department Head shall obtain approval of the Manager for the adjustment in work hours, except for lunch period. Individual requests for adjustment of working hours for personal reasons must be evaluated in light of the effect on the criteria enumerated above.

Advance notice of anticipated tardiness is expected; notice of unavoidable tardiness is expected when possible.

Failure to do so will be construed as an unexcused absence, and the day missed will not be paid. Tardiness must be made up during the pay period in which it occurs. Notification by another employee, friend, or relative is not considered proper except in an emergency situation where the employee is physically unable to make the notification.

Daily attendance records will be maintained by each department including date and time absent and reason for absence. Attendance shall be a consideration in determining promotions, step raises, transfers, satisfactory completion of probationary periods, and continued employment with the City. Frequent tardiness or other attendance irregularities shall be cause for disciplinary action. This may take the form of progressive discipline.

Hours for part-time and certain employees may vary from the normal office hours noted above due to the nature of their duties and will be determined by the appropriate department head with concurrence of the City Manager.

EFFECTIVE DATE: APPROVAL: REVISION HISTORY:

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