Personnel Policies & Procedures
- Personnel Policies & Procedures Manual (.pdf)
- Tooele City Mission, Values, Vision, and Motto
- Employee Professional Image Standards/Dress Code/Grooming Code
- Safety Plan Policies Procedures Guidebook
Personnel Policies & Procedures Manual Table of Contents
B. ONLINE APPLICATION SYSTEM & SELECTION PROCESS
In general, applicants apply online. Hiring supervisors shall follow all employment laws and regulations pertaining to the selection process. Numeric rating or a ranking, general job criteria, or other job-related criteria should be used in the selection process. In addition, examinations or other tests may be administered when such tests are valid and reliable predictors of an individual’s ability to perform the job.
1. When a scored examination or other numeric rating mechanism is used and the applicant receives a passing score, Tooele City will give preference in hiring by adding to the applicant’s score as follows:
2. If a non-numeric ranking mechanism is used, Tooele City will give veteran’s preference in interviewing and hiring, generally by extending a first interview
d. Web Based Information. Reviewing information available via the internet, social networking sites, trade association sites, or other web based sites to determine whether information publicly available to the general public via electronic means may be perceived as being derogatory to a protected class, sexually objective, offensive, violent, threatening, criminal, illegal, harassing, discriminatory, or as having other publicly available information may have the potential to compromise the applicant’s credibility, present an unprofessional image for the City, compromise the public’s confidence in the individual as a City employee, or be contrary to position for which the applicant is being considered. These types of inquiries may be made for jobs with the following types of responsibilities:
e. Criminal History Records. Reviewing the applicant’s criminal history records obtained from various sources, including but not limited to, the Utah Bureau of Criminal Identification, other State Criminal Records, prosecution and court records, for all City jobs.
C. DISCIPLINE/DISCIPLINARY ACTION
Sometimes corrective action measures are not successful or are deemed by management to be inappropriate for the circumstances. In such cases, disciplinary action may be warranted.
D. EXAMPLES OF OFFENSES AND APPROPRIATE DISCIPLINARY ACTION
The following examples serve as a guideline. They are not intended to cover every possible type of offense and do not preclude the issuance of disciplinary action for specific action or inaction that is detrimental to the efficient operation of the City.
E. DISMISSAL OF APPOINTED DEPARTMENT HEADS/ASSISTANT TO THE MAYOR
The Tooele City Charter specifies the procedures for dismissal of appointed department heads and the assistant to the Mayor.
F. DISMISSAL OF EMPLOYEES WHO HAVE NOT COMPLETED THEIR ORIENTATION PERIOD
Employees who have not successfully completed their orientation period may be dismissed from employment at any time with or without cause. The dismissing supervisor or department head should document the circumstances of the dismissal and provide that documentation to the Director of Human Resources. Employees who have not completed their orientation period may not appeal a dismissal through the Tooele City Grievance Procedure, herein this Manual.
G. LAYOFFS/REDUCTION IN FORCE
An employee who resigns from employment is encouraged to provide their supervisor with written notice at least fourteen (14) calendar days prior to their last day of work. It is also appropriate to notify the Director of Human Resources.
I. CREDITED SERVICE TIME AND BENEFIT REINSTATEMENT IF REHIRED
An employee who is rehired within twelve (12) months of their separation date receive credit for prior service (not including the break in service). An employee who is rehired after twelve (12) months of their separation date is not entitled to any reinstatement of prior service or benefits except for any legally required benefits. Respective sections in this Manual address reinstatement of benefits, specifically, see Section 26 for reinstatement of forfeited sick leave.
J. SEPARATION NOTICE AND EXIT INTERVIEW
An employee’s department head or supervisor should complete a Separation Notice form, and when possible, an exit interview, and return it to the human resource department.
K. FINAL PAYCHECK
When an employee resigns voluntarily, the final paycheck is issued with the regular pay period. When an employee is separated involuntarily, the final paycheck is issued within 24 working hours of notification of separation.
Failure to Issue Timely Decision: If the Stage 1 supervisor fails to issue a decision within the applicable time limits and the employee has not been notified of a need for extension, the employee may, at his or her option, proceed directly to Stage 2 within 15 working days of the expiration of the
Failure to Issue Timely Decision. If the Stage 2 supervisor fails to issue a decision within the applicable time limits, the employee may, at his or her option, proceed directly to Stage 3 within 15 working days of the expiration of the time limit.
Examples:
d. Alternative Procedure for Discrimination Complaints. Employees may file a discrimination complaint through this Grievance procedure; or, if it is alleged that the discrimination is being conducted by an individual to whom the complaint would be filed, the employee may choose to file a complaint directly with the Director of Human Resources, City Attorney, or the Mayor by submitting Tooele City’s Statement of Grievance Form or by other written or verbal notification. In such cases, the complaint will be reviewed to determine if further investigation is either warranted or needed. Tooele City’s desire is to review such complaints expeditiously but the time periods
e. Alternative Procedure for Harassment or Retaliation Complaints.
The result of the Appeal Board’s secret ballot vote may be appealed by either the City or the appealing employee to the Utah Court of Appeals by filing with that Court a Notice of Appeal pursuant to U.C.A. §10-3-1106 (1953), as amended. In the event an appeal is filed with the Court of Appeals, the decision of the Appeal Board, including payment of back wages, will be automatically stayed from the date of the Appeal Board’s vote until a ruling has been rendered by the Court of Appeals.
E. COSTS
Each party pays its own costs and legal fees associated with any grievance or appeal.
F. NOTIFICATION WHEN EMPLOYEE IS NOT AVAILABE FOR HAND DELIVERY
For purposes of this Section, if an individual is not available for hand delivery of a notice or other communications, Tooele City may deem that respective communications were received on the date that the notice was sent to the e-mail address or three days after the notice was mailed by US Postal Service. Notice to any agent acting on behalf of or representing the employee, as listed on the submitted Tooele City Statement of Grievance Form or through other legal notice, will be deemed to be notice to the employee.
2. Employee must give priority to their employment with Tooele City.
3. The Police Department Policies & Procedures Manual may provide additional information regarding outside employment of sworn law enforcement officers.
B. DEFINITIONS
For purposes of Section, “outside employment & employed/employment” means the receipt of wages, compensation or other consideration of value from another employer, organization, or individual other than Tooele City for services, product(s) or benefits rendered. It also includes those employees who are self-employed, and/or have a substantial interest or ownership in a business. This does not include volunteer services.
C. DISCLOSURE REQUIREMENTS
The Utah Municipal Officers’ and Employees’ Ethics Act, as amended, requires public officials and employees of the municipality to make certain disclosures both prior to and annually thereafter certain actions. Outside employment, in some circumstances, falls under this requirement. (See Section 0: Ethics & Conflicts of Interest herein this Manual)
To comply with State Code and ensure compliance with Tooele City’s Outside Employment policy, employees considering or engaged in outside employment shall complete and submit to their department head the Outside Employment Disclosure Form which provides certification that the outside employment complies with State Code and this policy.
Employees shall submit a new Disclosure if the circumstances relevant to the original disclosure change.
D. DENIAL OR REVOKATION OF PRIOR APPROVAL
In the event Tooele City determines that outside employment does not comply with State Code or this policy, a statement of the reason and/or notice of policy violation shall be given to the employee.
Tooele City reserves the right to revoke any previous approval at any time. Notice of revocation shall be provided to the employee in writing with an explanation.
E. WORKING OUTSIDE EMPLOYMENT WHILE ABSENT FROM TOOELE CITY
Employees should reference appropriate policies regarding paid leave benefits to determine any limitation on use of paid leave benefits while working outside employment.
C. HOLIDAYS ON WEEKENDS
When a holiday falls on a Sunday, then the following Monday shall be the holiday. The exception is for sworn law enforcement officers normally assigned to patrol duty; the holiday will be the actual date of the holiday and for holidays worked, it will be recognized for employees whose shift begins on the date of the holiday.
D. HOLIDAY ON NORMAL DAY OFF
When a holiday falls on a normally scheduled day off, another day is substituted. The substituted day must be in the pay period prior to, during, or immediately following the pay period in which the original holiday occurred. The exception is for sworn law enforcement officers assigned to patrol duty. See Section 9: Compensation for information regarding holiday buyback for patrol officers.
E. FLSA EXEMPT WORK A HOLIDAY
When an FLSA exempt employee works on a designated holiday, another day may be substituted. The substituted day must be in the pay period prior to, during, or immediately following the pay period in which the original designated holiday occurred.
F. SPECIAL CONSIDERATIONS
SECTION 0: ABOUT THIS MANUAL (.pdf)
A. PURPOSE OF MANUAL
Employees have no contractual rights, either express or implied, except as contained in the Tooele City Charter, this Manual, or by a written contract signed by the employee and the Mayor.
C. ORGANIZATION OF MANUAL
This Manual is divided into Sections covering main topics. Each Section is divided into various Parts. For example, this is Tooele City Personnel Policies and Procedures Manual, Section 0: Disclaimer, Part B. Pages are numbered first according to the Section number and then each page within that Section. For example, this is page 0-1 meaning page 1 of Section 0.
D. EMPLOYEES RESPONSIBILITY TO BE FAMILIAR WITH MANUAL
Employees are responsible for reading and being familiar with the contents of this Manual. Various methods are used to keep employees informed of changes to this Manual including, but not limited to: posting the policies on the City website, e-mailing notices of changes, and/or disseminating revised copies. Employees are encouraged to reference the Tooele City website at www.tooelecity.gov for the most current version.
A. PURPOSE OF MANUAL
1. The policies and procedures that comprise this Manual have been prepared to comply with posting and notice requirements pertaining to various employment laws, to provide information regarding employment with Tooele City Corporation, and to communicate many of Tooele City’s desired goals and expectations relating to our workforce.
2. Employment with Tooele City is subject to City ordinances, policies, practices, and procedures as well as state law, federal law, and constitutional limitations on the City as a governmental entity. This Manual does not limit, affect, or alter any legal or constitutional rights the City or its employees may have.
3. This Manual cannot and does not address all circumstances and situations in which Tooele City Corporation employees might find themselves, nor does it describe all policies, procedures, and practices that might affect the employment relationship.
B. NOT A CONTRACTEmployees have no contractual rights, either express or implied, except as contained in the Tooele City Charter, this Manual, or by a written contract signed by the employee and the Mayor.
C. ORGANIZATION OF MANUAL
This Manual is divided into Sections covering main topics. Each Section is divided into various Parts. For example, this is Tooele City Personnel Policies and Procedures Manual, Section 0: Disclaimer, Part B. Pages are numbered first according to the Section number and then each page within that Section. For example, this is page 0-1 meaning page 1 of Section 0.
D. EMPLOYEES RESPONSIBILITY TO BE FAMILIAR WITH MANUAL
Employees are responsible for reading and being familiar with the contents of this Manual. Various methods are used to keep employees informed of changes to this Manual including, but not limited to: posting the policies on the City website, e-mailing notices of changes, and/or disseminating revised copies. Employees are encouraged to reference the Tooele City website at www.tooelecity.gov for the most current version.
SECTION 1: ETHICS & CONFLICTS OF INTEREST (pdf.)
1. Compensation or Benefit Receipt: All City Employees. All City employees must disclose receiving any compensation or benefit, or agreeing to receive any compensation or benefit, for assisting a person or a business in a transaction involving the City (e.g., a contract or a purchase). City employees must file a
A. POLICY
Employment with Tooele City carries a commitment to serving the public interest with ethical awareness and ethical actions. City employees have a duty to place the interests of Tooele City above personal interests. This level of ethical action is vital to develop public confidence in Tooele City employees and in Tooele City government. The trust can be sustained only if employees at all levels in our organization model the highest standard of ethical awareness and actions.
B. LAWS, POLICIES & PROCEDURES, AND ETHICAL STANDARDS GUIDES
Our commitment to ethics is reinforced by laws, policies, and procedures that provide specific ethical standards, establish internal checks and balances, and assists our workforce in ethical conduct and decision making. They include, but are not limited to:
1. State & Federal laws governing criminal conduct and prosecution such as fraud and theft.
2. Utah State Code 10-3-1301 Utah Municipal Officer’s and Employees’ Ethics Act establish standards of ethical conduct for City officials and to require disclosure of actual or potential conflicts between the public duties and personal interests of City officials. The subsections below cover the Act’s main provisions, but are not exclusive.
3. Utah State Code 63G-2 Government Records Access and Management Act which regulates the disclosure, use, or release of government records classified as Private, Controlled, or Protected.
4. City Purchasing Policies adopted by City Council ordinance, and internal controls established by the Finance Department.
5. Sections within this Tooele City Personnel Policies & Procedures Manual have ethical implications and should be carefully reviewed, including, but not limited to:
a. Equal Employment Opportunity;
b. Hiring & Job Assignments;
c. Corrective Action, Discipline, & Separation, which includes examples of
offenses warranting immediate dismissal upon first occurrence, several of
which have ethical implications, as well as other conduct which may result in
disciplinary or corrective action;
d. Nepotism;
e. Compensation;
f. Outside Employment;
g. Political Activity;
h. No Harassment & No Retaliation;
i. Gifts/Prizes/Awards/Discounts;
j. Travel;
k. Loss of Property or Funds
l. Personal Use of City Resources (Funds, Property, Labor, Services, &
Equipment);
m. Purchases & Reimbursements; and,
n. Driving & City Vehicles.
| When facing an ethical dilemma, the best course of action may not always be clear. Questions to ask include, but are not limited to: |
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| If an employee is still not sure, ask for guidance! |
C. CONFLICT OF INTEREST & REQUIRED EMPLOYEE DISCLOSURES
City employees must avoid conflicts of interest. Tooele City recognizes that many potential conflicts of interest do not constitute actual conflicts or may be acceptable with proper disclosure, evaluation, oversight, and safeguards.
Utah State Code 10-3-1301 Utah Municipal Officer’s and Employees’ Ethics Act requires employees to make certain disclosures annually. The relationships described below are prohibited conflict-of-interest relationships unless the required disclosures are made. If the required disclosures are made, the relationships are allowed.
City employees must avoid conflicts of interest. Tooele City recognizes that many potential conflicts of interest do not constitute actual conflicts or may be acceptable with proper disclosure, evaluation, oversight, and safeguards.
Utah State Code 10-3-1301 Utah Municipal Officer’s and Employees’ Ethics Act requires employees to make certain disclosures annually. The relationships described below are prohibited conflict-of-interest relationships unless the required disclosures are made. If the required disclosures are made, the relationships are allowed.
1. Compensation or Benefit Receipt: All City Employees. All City employees must disclose receiving any compensation or benefit, or agreeing to receive any compensation or benefit, for assisting a person or a business in a transaction involving the City (e.g., a contract or a purchase). City employees must file a
Disclosure Form with the Mayor and also must inform their supervisor. (See UCA 10-3-1305 for disclosure details.)
2. Business Regulated by City: All Employees. City employees must disclose when they are an officer, director, agent, owner, investor, or employee of a business regulated by Tooele City. If a business requires a Tooele City business license or a conditional use permit, it is regulated by the Tooele City. Disclosure is made on a Disclosure Form and filed with the Mayor. (See UCA 10-3-1306 for disclosure
details.)
3. Business Ownership: All City Employees. All City Employees must disclose when they are an officer, director, agent, owner, investor, or employee with a business that conducts business with the City. Disclosure is made on a Disclosure Form and filed with the Mayor. (See UCA 10-3-1307 for disclosure details.)
4. General Conflicts: All City Employees. All City employees must disclose any conflict between their personal interests and their public duties. Disclosure is made on a Disclosure Form and filed with the Mayor. (See UCA 10-3-1306 for disclosure details.)
Tooele City requires all employees to re-submit a completed Disclosure Form for any of the above required disclosures in January of every year. The Disclosure Form is submitted to the Tooele City Purchasing Agent who will deliver them to the Mayor.
D. REPORTING CONCERNS OF VIOLATIONS OF THIS SECTION
To provide employees with reporting avenues that are free from bias, collusion, intimidation, or reprisal employees may use any of the following avenues to report concerns of violation of this Section:
1. Employees may report concerns of violations of this Section to their supervisor, department head, human resource director, city attorney, or the Mayor. Employees do not have to follow their chain-of-command to file a report. Reports may be done through either verbal or written notification; however, written notification is preferred. Reports should be as detailed as possible, including the names of the
individuals involved, the names of any witnesses, dates, times and any documentary evidence such as notes, screen shots, pictures, etc.
2. Employees may also report concerns of violations of this Section relating to fraud to the Tooele City Finance Director, PO Box 89, Tooele, UT 84074
3. Employees may also report concerns of violations of this Section relating to waste and abuse to the State of Utah hotline 1-800-955-2210 or emailed to wsinv@utah.gov
3. Employees may also report concerns of violations of this Section relating to waste and abuse to the State of Utah hotline 1-800-955-2210 or emailed to wsinv@utah.gov
E. PENALTIES
Violations of the Act, City rules and regulations, or Tooele City Personnel Policies and Procedures may result in discipline, up to and including dismissal from employment.
Additionally, the Utah State Code 10-3-1301 Utah Municipal Officer’s and Employees’ Ethics Act provides for criminal prosecution of an employee who knowingly and intentionally disclose records, receives compensation, accept gifts, or uses their official position in violation of the Act.
SECTION 2: EQUAL EMPLOYMENT OPPORTUNITY & WORKPLACE ACCOMODATIONS (pdf.)
C. FEDERAL CONTRACTS
In employing persons to carry out a federal contract, Tooele City, when contracting with the United States, will take affirmative action to employ and advance in employment qualified disabled individuals and qualified disabled veterans and veterans of the Vietnam era.
A. EQUAL EMPLOYMENT OPPORTUNITY
Tooele City’s goal is to foster a workplace culture that values diversity and provides equal opportunities in all aspects of employment. To help achieve this, all employees are expected to comply with:
1. Title VII of The Civil Rights Act of 1964, as amended, the Age Discrimination Act, as amended, and the Utah Antidiscrimination Act, as amended, and not discriminate in employment opportunities or practices on the basis of: race, color, religion, sex, pregnancy, pregnancy-related conditions, childbirth, national origin, age, if the individual is 40 years of age or older, gender identity, or sexual orientation;
2. The Equal Pay Act and not base pay decision on the basis of race, color, religion, sex, national origin, age, or disability. Tooele City policies provide those employees be compensated on the basis of equal pay for equal work;
3. The Americans with Disabilities Act of 1990 (ADA), as amended, and the Utah Antidiscrimination Act, as amended, and not discriminate against any individual with a disability in the admission or access to, employment, work programs, or activities;
4. The Genetic Information Nondiscrimination Act of 2008 (GINA) and not use genetic information of an individual in the hiring process or to affect the terms, conditions, privileges, benefits, or termination of employment unless there is a legitimate job related need that is consistent with business necessity or as otherwise mandated by law. Tooele City will not require collection or disclosure of genetic information prior to a conditional offer of employment. "Genetic information" is information about genes, gene products or inherited characteristics that may derive from the individual or a family member;
5. The Uniform Services Employment and Reemployment Rights Act and not deny initial employment, reemployment, promotion, or any benefit of employment to a person who is obligated to perform in a uniformed service;
6. Titles VI and VIII of the Civil Rights Act of 1964 and not excluded individuals from participating in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, or national origin, under any program or activities for which Tooele City has received any federal financial assistance; and,
7. Any other law that provides for non-discrimination or equal opportunity.
B. Workplace Accommodations
1. Tooele City provides reasonable workplace accommodations in the following circumstances:
a. Religious Accommodation. Tooele City respects the sincerely held religious beliefs and practices of all employees and will make, on request, a reasonable accommodation(s) for such observances when a reasonable accommodation is available and does not create an undue hardship for the City. Title VII& Utah Antidiscrimination & Workplace Accommodation Act
b. Disability Accommodation. Tooele City recognizes some qualified individuals with disabilities (meaning the employee has a mental or physical impairment substantially limiting one or more of the major life activities) may need reasonable accommodation to perform the essential functions of his/her position, to make the workplace readily accessible and usable for the employee, or to otherwise allow the employee to enjoy equal benefits and privileges of employment. Tooele City will make, on request, a reasonable accommodation when doing so does not create an undue hardship to the City. Americans with Disabilities Act, as amended
c. Pregnancy Accommodation. Tooele City will make, on request, a reasonable accommodation(s) to qualified individuals related to pregnancy, childbirth, or related conditions when a reasonable accommodation is available and does not create an undue hardship for the City. Utah Antidiscrimination & Workplace Accommodation Act & Federal Pregnant Workers Fairness Act (PWFA)
d. Breastfeeding Accommodation. Unless compliance would create an undue hardship, Tooele City will, on request, provide for at least one year after the birth of a public employee’s child: reasonable breaks (see Section herein for information regarding paid vs. unpaid break) for each time the public employee needs to breast feed or express milk; a room or other location, other than a bathroom or toilet stall, that is clean and sanitary, provides privacy shielded from view of and intrusion from coworkers or the public, and that has an outlet; and a reasonable means of storage. The City is not required to permit an employee to have the employee’s child at the workplace for purposes of accommodation. Utah Antidiscrimination & Workplace Accommodation Act and Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act
2. To request an accommodation consideration, employees should discuss the circumstances with his/her supervisor or contact the City’s Human Resource Director to begin the discussion/interactive process. This may include discussing specific needs, limitations, and possible accommodations that may be needed. Tooele City reserves the right to require documentation or more information to assist us in evaluating accommodation requests including, but not limited to, verification from religious leaders or medical providers; guidance from job accommodation consultants and advocates; and tools available under the Family and Medical Leave Act including obtaining 1st, 2nd, and 3rd opinions.
C. FEDERAL CONTRACTS
In employing persons to carry out a federal contract, Tooele City, when contracting with the United States, will take affirmative action to employ and advance in employment qualified disabled individuals and qualified disabled veterans and veterans of the Vietnam era.
D. FILING A COMPLAINT OF DISCRIMINATION OR FAILURE TO REASONABLY ACCOMMODATE WITH TOOELE CITY
1. An employee who believes he/she has been discriminated against or that the City has failed to provide a reasonable accommodation in violation of this Section or law may file a discrimination complaint with Tooele City pursuant to Tooele City’s Grievance Procedure herein this Manual; or,
2. An employee who believes that the nature of the complaint is harassment or retaliation may instead choose to file a complaint pursuant to Tooele City’s Anti-Harassment policy (i.e. Sexual and Other Forms of Harassment) herein this Manual.
2. An employee who believes that the nature of the complaint is harassment or retaliation may instead choose to file a complaint pursuant to Tooele City’s Anti-Harassment policy (i.e. Sexual and Other Forms of Harassment) herein this Manual.
SECTION 3: HIRING & JOB ASSIGNMENTS (pdf.)
A. GENERAL POLICY
1. Tooele City reserves the right to hire, fill vacancies, and otherwise make job assignments at management’s discretion to meet changing business conditions and staffing needs.
2. When vacancies do occur, Tooele City generally prefers to give first consideration to current Tooele City employees who meet the minimum qualifications for the vacant position by opening a preferential internal posting. The Mayor may authorize waiving a preferential internal posting when it is deemed necessary or beneficial. Although this is not an exclusive list, preferential internal postings
may be waived:
a. For part-time, temporary, seasonal, appointed, or sworn law enforcement positions;
b. When it is believed that only one or no employees possess the required minimum qualifications for the open position;
c. When moving a person to another position will maintain an individual’s employment with Tooele City due to a layoff;
d. When moving a person to another position is prudent to meet legal requirements of the Americans with Disabilities Act or other laws;
e. When an individual has been involuntarily demoted or transferred to the new position, thus opening another position elsewhere;
f. When management believes that transferring or demoting an employee is necessary to meet business needs, to comply with Tooele City policies and procedures, or is in the best interest of the City;
g. When an employee who separated employment from Tooele City has requested reinstatement to the same position he/she held prior to separation and the employee had at least one full year experience in that position with Tooele City, and has requested reinstatement within 1 year
of separation. Terms and conditions pertaining to compensation, benefits, and seniority are established under the respective policies in this Manual; or
h. When a voluntary lateral transfer is desirable between two employees and their respective department heads.
3. A position may be filled by transferring an employee from one position to another provided that both are of the same salary grade. Transfers fall into two categories: voluntary and involuntary. A voluntary transfer is deemed to be acceptable by the effected employee and department head(s) and may be initiated at either the employee’s or the City’s request. An involuntary transfer is made by the City with or without the employee’s consent as deemed necessary to meet the needs of the City.
B. ONLINE APPLICATION SYSTEM & SELECTION PROCESS
In general, applicants apply online. Hiring supervisors shall follow all employment laws and regulations pertaining to the selection process. Numeric rating or a ranking, general job criteria, or other job-related criteria should be used in the selection process. In addition, examinations or other tests may be administered when such tests are valid and reliable predictors of an individual’s ability to perform the job.
C. VETERAN'S PREFERENCE
In accordance with Title 71, Chapter 10 of the Utah Code Annotated, 1953, as amended, Tooele City grants veterans’ preference upon initial hiring with Tooele City to a preference eligible veteran or preference eligible spouse that meets the minimum qualification for the position as follows:
In accordance with Title 71, Chapter 10 of the Utah Code Annotated, 1953, as amended, Tooele City grants veterans’ preference upon initial hiring with Tooele City to a preference eligible veteran or preference eligible spouse that meets the minimum qualification for the position as follows:
1. When a scored examination or other numeric rating mechanism is used and the applicant receives a passing score, Tooele City will give preference in hiring by adding to the applicant’s score as follows:
• 5% of the total possible score, if the individual is a veteran;
• 10% percent of the total possible score, if the individual is a disabled veteran or a Purple Heart recipient; or
In the case of a preference eligible spouse, widow or widower, the same percentage the qualifying veteran is, or would have received, is added.
2. If a non-numeric ranking mechanism is used, Tooele City will give veteran’s preference in interviewing and hiring, generally by extending a first interview
D. RANKED POSITION ROSTER
Once the selection process has been completed, applicants may be held on a roster for future consideration. This roster may, at the hiring manager’s discretion, be reused for a one-year period following the date the first offer for employment was made.
Once the selection process has been completed, applicants may be held on a roster for future consideration. This roster may, at the hiring manager’s discretion, be reused for a one-year period following the date the first offer for employment was made.
E. OFFERS FOR EMPLOYMENT
All offers for employment are made in writing generally by the human resource office.
F. BACKGROUND SCREENING & INVESTIGATIONS
In most circumstances the results of pre- and post- offer screenings and investigations are not made available to the applicant or employee. Information obtained from the background screening or investigation is deemed confidential and shared only with individuals involved in employment decisions.
The Tooele City Police Department maintains guidelines relating to background screening and
investigations of applicants and employees for positions as police officers, police department
personnel, or personnel in positions deemed to provide support to police personnel and requiring
the confidence and trust of Tooele City in fulfilling their duties in support of public safety.
1. Screening - Pre-Offer. Tooele City may conduct a pre-offer screening to assist in the selection process.
The pre-offer screening may include, but is not limited to:
a. Verifying past employment and rehire eligibility;
b. Evaluating the applicant’s past employment performance and recommendations from prior employers/supervisors/associates;
c. Contacting references or other individuals with knowledge of the applicant’s performance or suitability for the position;
d. Verifying the validity and accuracy of an individual’s education, certifications, and training; or,
e. Verifying the validity and accuracy of information provided by the applicant in written or oral communications.
2. Background Investigation – Post-offer. Tooele City may conduct further background investigation after a conditional officer of employment has been made. Based on the job requirements, a post-offer background investigations may include, but is not limited to:
a. Driving Records. Reviewing driving records for jobs with driving responsibilities to determine the applicant’s insurability and risk level;
b. Credit Reports. Reviewing personal credit reports for jobs with access to City bank accounts or other highly responsible financial matters;
c. Sex Offender Registries. Reviewing sex offender registries or other public databases for jobs working in positions of trust or proximity to children to verify that the individual does not appear in the database of persons who have been convicted of certain sex crimes;
d. Web Based Information. Reviewing information available via the internet, social networking sites, trade association sites, or other web based sites to determine whether information publicly available to the general public via electronic means may be perceived as being derogatory to a protected class, sexually objective, offensive, violent, threatening, criminal, illegal, harassing, discriminatory, or as having other publicly available information may have the potential to compromise the applicant’s credibility, present an unprofessional image for the City, compromise the public’s confidence in the individual as a City employee, or be contrary to position for which the applicant is being considered. These types of inquiries may be made for jobs with the following types of responsibilities:
(1) Senior and mid-level management such as department heads and supervisors;
(2) Representing the City in a position that is highly visible including positions that serve as first point of contact for the public;
(3) Responsibility for the care, safety, or security of people including children and minors;
(4) Working in a position of trust or in proximity to children and minors;
(5) Having access to private residences, yards, buildings, or other properties not otherwise accessible to the general public;
(6) Working in a position with access to controlled substances, drugs, paraphernalia, restraint systems, or other safety sensitive materials; and/or,
(7) Working in a position established to protect and preserve public safety, confidential or highly sensitive information, or other enforcement or legal proceedings.
e. Criminal History Records. Reviewing the applicant’s criminal history records obtained from various sources, including but not limited to, the Utah Bureau of Criminal Identification, other State Criminal Records, prosecution and court records, for all City jobs.
G. CRIMINAL HISTORY RECORD GUIDELINES
1. Generally, only criminal convictions, guilty pleas, pleas of no contest and deferred adjudication will be considered in determining an applicant’s suitability for employment or reassignment. Detention or arrest without conviction typically do not constitute valid grounds for employment decisions.
2. In determining an individual’s suitability for employment or reassignment where the individual has criminal convictions, a committee comprised of the Human Resource Director, City Attorney, and the Department Head (or substitutes if deemed necessary or prudent) evaluates such factors as: the specific duties of the position, nature and seriousness of the crime; the relationship of the conviction to the requirements of the job; all circumstances relative to the crime, including mitigating circumstances; the age at the time of the crime; the time elapsed since the crime; and all other competent evidence of rehabilitation and fitness for duty, including but not limited to, letters or references by persons who have been in contact with the applicant since the applicant’s conviction. The Mayor makes the final determination regarding approval to hire or reassign the applicant.
3. The following guidelines are not exclusive:
a. Felony convictions within the past seven (7) years for the following crimes, including convictions for attempt or conspiracy to commit the following crimes, will make an individual ineligible for hire:
(1) Murder;
(2) Arson;
(3) Criminal sexual conduct where the victim’s failure to affirmatively consent is an element of the crime, such as sexual assault, or felonies involving the sexual or physical abuse of children, the elderly or the infirm, such as sexual misconduct with a child, making or distributing child pornography, or using a child in a sexual display, or incest involving a child;
(4) Robbery whether simple or aggravated;
(5) Burglary;
(6) Federal or State Civil Rights Convictions; or,
(7) Felony controlled substance crimes where intent to distribute is an element of the crime.
b. Other convictions within the past seven (7) years for the following crimes, including convictions for attempt or conspiracy to commit the following crimes, are considered serious concerns for any position but generally do not automatically disqualify an individual from hiring or reassignment:
(1) Crimes of violence;
(2) Theft;
(3) Drug convictions without successful completion of post-rehabilitation program;
(4) Alcohol convictions;
(5) Weapons violations;
(6) Other sexual convictions not listed above;
(7) Fraud;
(8) Financial Crimes; or
(9) Falsification in official matters.
c. Regardless of the time period, other convictions for certain types of crimes generally preclude hiring or reassigning an employee into certain positions. For example:
(1) Individuals with convictions for theft, embezzlement, identity theft, or fraud cannot be hired into positions with fiduciary responsibilities; or,
(2) Individuals with convictions for child molestation and other sex offenses can not be hired or reassigned to positions that involve direct unsupervised contact with minors and children.
4. When disqualification occurs because of criminal conviction information obtained from a third-party vendor or other consumer report, Tooele City will notify the individual in writing of their disqualification within five (5) business days and provide the individual with reasonable time to contest the validity of the
information.
SECTION 4: EMPLOYEE CLASSIFICATIONS, INDEPENDENT CONTRACTORS, & VOLUNTEERS (pdf.)
A. PURPOSE
The proper classification of City employees, independent contractor, and volunteers is important in administering City personnel policies & procedures including, but not limited to, benefit and compensation plans, eligibility for grievance and appeal rights, and employment law compliance. This Section provides guidelines for such classification.
B. EMPLOYEE EMPLOYMENT STATUS
C. EMPLOYMENT STATUS
1. Full-time – At the time of assignment to position, schedule is contemplated to be at least 30 hours per week.
b. Less than 20 hours per week.
3. Variable Hour – Schedule will vary but may not exceed a total of 1,508 hours between April 1 and March 31. The total will include actual hours worked, over-time, and compensatory-time hours used/cashed out, and is a combined total for Tooele City not per department or job.
D. INDEPENDENT CONTRACTORS
2. In general, this Manual does not apply to independent contractors.
3. Independent contractors should have general liability insurance appropriate for their business, a business license appropriate for the services rendered, and worker’s compensation coverage or a worker’s compensation Statutory Exclusion (waiver) policy, whichever is applicable. The Fair Labor Standards Act (FLSA) and the Internal Revenue Service (IRS) specify that independent contractors should in general also:
b. Have an opportunity for profit/loss;
c. Cover their own overhead and related operational expenses; and,
d. Have a written agreement for results rather than specifying how the work is to be done and while doing so the independent contractor should be independent of Tooele City in all that pertains to the execution of the work.
E. VOLUNTEERS
2. In general, this Manual does not apply to volunteers.
3. Volunteers perform service for civic, charitable, or humanitarian reasons and without promise, expectation, or receipt of compensation for services rendered. Members of advisory, review, and appeal boards, or similar bodies, volunteers in police services, and firefighters are examples of volunteers.
A. PURPOSE
The proper classification of City employees, independent contractor, and volunteers is important in administering City personnel policies & procedures including, but not limited to, benefit and compensation plans, eligibility for grievance and appeal rights, and employment law compliance. This Section provides guidelines for such classification.
B. EMPLOYEE EMPLOYMENT STATUS
1. Regular – Regular status employees are considered the City’s core workforce. Work assignment is expected, but not guaranteed, to exist for a period of more than 1 year and, after completing the applicable orientation period, regular status employees are provided additional rights pertaining to benefits, discipline, or grievances, as outlined in this Manual. Regular status employees are subcategorized as follows:
a. Newly Hired Orientation Period Employee – A newly hired regular status employee who has not yet successfully completed 12 months of service from their date of hire. The newly hired employee orientation period may be extended for up to 6 calendar months at the supervisor’s discretion. The supervisor should document reasons for any extension and discuss them with the employee. The employee may be dismissed at any time during the orientation period or extension except for reasons prohibited by law.
b. Police Officers – Employees that are assigned to positions requiring Police Officer certification from Utah Peace Officer Standards and Training (POST) or police cadet training positions while preparing to attend or attending POST.
c. Police Officer Orientation Period Employee – An officer who has not yet successfully completed 12 months of service after completion of their departmental field officer training program as a certified officer by the State of Utah. The employee orientation period may be extended for up to 6 months at the supervisor’s discretion. The supervisor should document reasons for any extension and discuss them with the employee. The employee may be dismissed at any time during the orientation period or extension except for reasons prohibited by law.
d. Sergeant Promotional Orientation Period Employee – The Tooele City Police Department includes a 12 month orientation period as the final step in the promotional process to the position of sergeant as a safeguard against the advancement of officers beyond their capability. This promotional orientation period may be extended for up to 6 months at the supervisor’s discretion. The supervisor should document reasons for any extension and discuss them with the employee. The employee may be returned to his/her former rank and grade (example: police officer III - not necessarily same specialty assignment) within the second half of the 12 month orientation period, when in the judgment of the supervisor, the employee’s performance is not such as to merit continuation in the sergeant position. Such action is not considered disciplinary and does not eliminate the employee from consideration for later advancement. No new orientation period is required when moved to the former rank and grade position. The employee retains all of his/her seniority in his/her former rank and grade position.
2. Contingent – Contingent status employees serve at-will and have no expectation of continued employment or employment rights under merit protection principles, except as required by law or as provided for in this Manual. Tooele City maintains the at-will status of contingent employees and any discrepancies or conflicting interpretations will be regarded under the Utah at-will doctrine. For various administrative purposes, contingent employees are subcategorized as:
a. Cyclical Employee – Work assignment is typically ongoing throughout the year but generally includes periods of substantial reduction in work hours and/or includes periods with zero work hours due to cyclical patterns of the work area. Examples of cyclical assignments include lifeguards or some golf course operations staff.
b. Temporary Employee – Work assignment is typically short-term, is generally expected to be less than 120 work days per year (approximately 6 months), and includes an anticipated termination date.
c. Seasonal Employee – Work assignment is typically consistent with a recognized seasonal work period that is generally expected to be less than 150 work days per year (approximately 7 months) and incurs an “off season” with prolonged periods of layoff due to complete lack of work or very limited, incidental work. Examples of seasonal assignments include spring/summer landscape maintenance, winter snow removal, limited operation museums, and most golf course staff.
d. On-call Employee – Work assignment is established to have intermittent work hours with periods of prolonged lack of work, except that if the period exceeds 18 months, the on-call employee is generally removed from active status on payroll. Examples of on-call employees include those placed on substitute rosters or those placed on rosters that can be called upon to assist the City in meeting limited staffing needs associated with special events or a special program.
3. Elected Official – Elected by the citizens of Tooele City through a formal public vote pursuant to Utah election law and the Tooele City Charter.
4. Appointed –
a. Department Head/Special Appointment - A department head or other employee in a position which is filled through appointment by the Mayor with consent from the City Council. Appointed employees have no expectation of continued employment and serve at the pleasure of the current Mayor unless specified otherwise in the Tooele City Code, Tooele City Charter, or Utah law.
b. City Council Appointment – An employee in a position which is filled through appointment by the City Council majority. Council appointed employees have no expectation of continued employment and serve at the pleasure of the City Council unless otherwise specified in the City Charter.
c. Assistant Chief (Captain) or Lieutenant (Division Commander) – Sworn police officers who are appointed by the Chief of Police to the position of Assistant Chief (Captain) or Lieutenant (Division Commander) are classified as Regular status employees on the official City personnel record and are not considered as appointed employees for purposes of this Manual. They are, however, subject to the Police Department Policies & Procedures, as amended, regarding appointment to and
revocation from these positions.
C. EMPLOYMENT STATUS
1. Full-time – At the time of assignment to position, schedule is contemplated to be at least 30 hours per week.
2. Part-time – At the time of assignment to position, Schedule is contemplated to be fewer than 30 hours per week. Part-time employees are subcategorized as:
a. 20 to 29.75 hours per week; or,
b. Less than 20 hours per week.
3. Variable Hour – Schedule will vary but may not exceed a total of 1,508 hours between April 1 and March 31. The total will include actual hours worked, over-time, and compensatory-time hours used/cashed out, and is a combined total for Tooele City not per department or job.
D. INDEPENDENT CONTRACTORS
1. Independent contractors are not City employees.
2. In general, this Manual does not apply to independent contractors.
3. Independent contractors should have general liability insurance appropriate for their business, a business license appropriate for the services rendered, and worker’s compensation coverage or a worker’s compensation Statutory Exclusion (waiver) policy, whichever is applicable. The Fair Labor Standards Act (FLSA) and the Internal Revenue Service (IRS) specify that independent contractors should in general also:
a. Offer their services to the general consumer base rather than exclusively to Tooele City;
b. Have an opportunity for profit/loss;
c. Cover their own overhead and related operational expenses; and,
d. Have a written agreement for results rather than specifying how the work is to be done and while doing so the independent contractor should be independent of Tooele City in all that pertains to the execution of the work.
E. VOLUNTEERS
1. Volunteers are not City employees.
2. In general, this Manual does not apply to volunteers.
3. Volunteers perform service for civic, charitable, or humanitarian reasons and without promise, expectation, or receipt of compensation for services rendered. Members of advisory, review, and appeal boards, or similar bodies, volunteers in police services, and firefighters are examples of volunteers.
4. At the City’s discretion, volunteers may be reimbursed for expenses, provided reasonable benefits, a nominal fee (as defined by FLSA guidelines, nominal fee may not exceed 20% of what would be paid to a City employee providing the same or similar service), and/or a stipend to perform the services for which the individual volunteered.
5. Utah State Code, Chapter 67-20, the Utah Volunteer Government Workers Act, provides regulation for the authorized use of volunteer government workers and applicable insurance including worker’s compensation, and general liability and indemnification.
6. Additional guidelines for use of volunteers are available from the Human Resource Department.
SECTION 5: CORRECTIVE ACTION, DISCIPLINE, & SEPARATION (pdf.)
A. POLICY
Although Tooele City seeks to use progressive principles to address workplace concerns, the City reserves the right to initiate corrective action or discipline at any stage as deemed by management to be appropriate. Temporary, seasonal, on-call, appointed, or employees completing their orientation period have no expectation of continued employment and may be terminated at any time with cause or without cause and with or without following progressive discipline.
B. CORRECTIVE ACTION
Tooele City believes it is important to bring matters or concerns needing correction to the attention of employees so that employees may realize success.
1. Corrective action measures are deemed prudent management principles relating to the ongoing performance management processes and are non-punitive.
2. For records classification purposes corrective actions are not considered formal disciplinary actions.
3. Corrective action measures may include, but are not limited to:
a. Verbal notices;
b. Written notices of correction;
c. Notation of Significant Incidents via a level 1 or 2 “SIR”;
d. Meeting with the employee for counseling, discussion, or additional training;
e. General memos;
f. General orders or directives;
g. Indications on annual and other performance evaluations; or,
h. Corrective action plans.
C. DISCIPLINE/DISCIPLINARY ACTION
Sometimes corrective action measures are not successful or are deemed by management to be inappropriate for the circumstances. In such cases, disciplinary action may be warranted.
1. In no specific order, disciplinary action may include, but is not limited to:
a. Written reprimand;
b. Suspension (time off) without pay for up to 80 hours;
c. Involuntary demotion;
d. Reduction in salary; or
e. Termination.
2. Prior to issuing discipline the supervisor and/or department head should meet with the employee to discuss the concern and provide the employee with the opportunity to respond and present his/her side of the story.
3. The supervisor and/or department head should take under advisement the information provided by the employee and other relevant information, and issue discipline deemed appropriate for the severity, consistent with policy guidelines, and consistent with discipline issued to other employees for similar severity.
4. The disciplinary record is to be documented and delivered to the employee for a signature of acknowledgment of receipt and returned to the Director of Human Resources. In circumstances where the employee is not available for signature, other notation should be made on the record showing how the employee was notified of the discipline. Investigations files, notes, or other supplementary materials should be kept in a file separate from the personnel file. It is recommended that these be forwarded to the Director of Human Resources or kept in locked or confidential files by the supervisor.
5. Employee may appeal certain disciplinary actions via the Tooele City Grievance Procedure, herein this Manual.
6. Disciplinary actions remain in the employee’s personnel file and may not be expunged once the grievance period relating to the original issuance of the discipline has passed.
D. EXAMPLES OF OFFENSES AND APPROPRIATE DISCIPLINARY ACTION
The following examples serve as a guideline. They are not intended to cover every possible type of offense and do not preclude the issuance of disciplinary action for specific action or inaction that is detrimental to the efficient operation of the City.
1. Grounds for Immediate Dismissal. The following types of offenses warrant dismissal upon first occurrence:
a. Disobedience or insubordination to constituted authorities, including refusal or deliberate failure to carry out or follow lawful and safe directives and orders from any supervisor or person of authority; or challenging the authority of any supervisor or person of authority;
b. Conviction of any criminal offence which in the opinion of management adversely affects the employee/employer relationship, whether on- or off-duty;
c. Conviction of any felony crime, any sexual crime, any crime involving violence (i.e. domestic abuse, assault, etc.), any crime of dishonesty (i.e. theft, forgery, etc.), or any crime directly related to the employee’s ability to perform his/her job (i.e. DUI when the job requires driving);
d. Misappropriating or misusing public funds;
e. Engaging in disorderly or indecent (lewd, sexual, etc.) conduct,
f. Engaging in acts of workplace violence or threats, whether on or off duty, whether direct or implied;
g. Using profane, obscene, or demeaning language toward others;
h. Engaging in conduct which has the potential to endanger the health or safety of others;
i. Inducing or attempting to induce any employee in the service of the City to commit an unlawful act in violation of law or City policies, procedures, or regulations;
j. Using, threatening to use, or attempting to use personal or political influence in an effort to secure special consideration as a City employee;
k. Offering or accepting a bribe or other valuable consideration with a view of corrupting the behavior of a person;
l. Continued incompetency and inefficiency in the performance of job duties despite prior disciplinary action;
m. Recklessness (when a person knows or should have known that an action would cause a certain result) or negligence (when a person disregards the potential risks of committing an action) with City monies or property;
n. Theft or the wrongful borrowing, loaning, selling, giving away or appropriating any City property for the personal use of the employee or any unauthorized person;
o. Falsifying any work-related records, the making of misleading entries or statements which can reasonably be inferred to be done so with malicious intent or intent to deceive, or the willful and unauthorized destruction and/or mutilation of any City records, book, paper, or documents;
p. Failing to disclose, or misrepresenting material facts, or the making of any false or misleading statement either verbally or in writing form including, but not limited to, examinations, official documents, report forms, or during the course of any work-related investigation;
q. Refusing to cooperate fully or to provide complete and accurate information during an internal administrative investigation;
r. Engaging in deliberate acts of discrimination or harassment or instructing or aiding someone to commit an act of discrimination, harassment, or victimization in breach of the Equal Opportunities and Harassment policies herein this Manual;
s. Retaliating against an employee who has engaged in a legally protected right;
t. Violating a serious safety rule or practice such as driving recklessly, operating equipment employee is not authorized to operate, removing safety devices from equipment, horseplay and other related kinds of conduct that has the potential to put other’s safety in jeopardy;
u. Smoking in posted “No Smoking” or unauthorized areas;
v. Sleeping while on duty except as provided for in official City regulations;
w. Failing to obtain or maintain - any certification, license, or other qualification necessary to perform the job. Any certification, license or other necessary qualification lost due to a temporary disability must be regained within a reasonable time, as determined by the supervisor or department head, upon the disability being removed; or,
x. Other reasons deemed valid by the Mayor to have the potential to bring the City into disrepute or to disrupt the workforce.
2. Grounds for Dismissal Following Prior Notice. The following types of offenses warrant progressive discipline and may result in dismissal if the employee has received a first disciplinary action for the same or different offenses of the following list within a twelve-month period:
a. Failing or refusing to properly perform the assigned functions and duties;
b. Violating attendance policies or universally understood expectations such as poor attendance, poor punctuality, quitting work early, or leaving the work premises without authorization from the appropriate supervisor;
c. Unsatisfactory work performance, including but not limited to, poor quality work, failing to perform assigned tasks, incompetence, inefficiency or delay in performing and/or carrying out proper instructions, work assignments or directions of supervisors without reasonable and bona fide and acceptable reason;
d. Being inattentive to work, wasting time, or inefficiently using City time including but not limited to, excessive time on a telephone, e-mail, or text messaging; excessive visiting for non-City business; driving longer distances than necessary to get from one location to another; and loitering in others’ work areas for non-City business;
e. Being careless with or improperly using equipment, such as at fault vehicle or equipment accidents deemed to be minor, leaving tools unattended, and failure to report damage to vehicles or equipment;
f. Failing to follow dress and grooming standards;
g. Failing to report a work-related accident within 24 hours unless it was impractical to do so;
h. Engaging in horseplay and related kinds of activity which create safety hazards;
i. Violating a minor safety rule or practice such as failure to wear protective clothing or use required safety equipment;
j. Smoking in posted or unauthorized areas;
k. Engaging in unauthorized and/or excessive personal use of any means of City-issued equipment including the telephone system, electronic mail, internet, cellular phones, and radios; or,
l. Vending, soliciting, or collecting contributions on the City’s time or premises without proper authorization.
E. DISMISSAL OF APPOINTED DEPARTMENT HEADS/ASSISTANT TO THE MAYOR
The Tooele City Charter specifies the procedures for dismissal of appointed department heads and the assistant to the Mayor.
F. DISMISSAL OF EMPLOYEES WHO HAVE NOT COMPLETED THEIR ORIENTATION PERIOD
Employees who have not successfully completed their orientation period may be dismissed from employment at any time with or without cause. The dismissing supervisor or department head should document the circumstances of the dismissal and provide that documentation to the Director of Human Resources. Employees who have not completed their orientation period may not appeal a dismissal through the Tooele City Grievance Procedure, herein this Manual.
G. LAYOFFS/REDUCTION IN FORCE
1. When circumstances such as lack of funds, restructuring, or lack of work dictate the need for a reduction in force, the necessary number of employees may be laid off.
2. The selection of employees to be laid off is based on the ability to perform the duties of the job being kept on staff either as it exists or as it is expected to exist due to restructuring or other changes in task assignments. As a minimum, applicable experience and qualifications for the remaining job, performance reviews for current and past jobs, and certifications/licenses applicable to the remaining job may be reviewed and evaluated. Seniority in the Department serves as a tiebreaker when review of such factors indicates that employees’ abilities are similar. For purposes of this Section, seniority will be calculated first by the credited service time as a benefit eligible employee in the Department, and will then take into consideration credited service time as a benefit eligible employee for the City, and then will take into consideration credited service time as a seasonal, and then credited service time as a temporary employee.
3. Once an employee has been identified for lay-off, the City may make reasonable efforts to maintain the job security of such employees by considering the following alternatives, if available and practical, in no particular order of priority:
a. Demoting employee(s) to previous position within the same department or demoting to other open position;
b. Promoting employee (s) based on merit and qualifications;
c. Transferring employee(s) to an open position; or
d. Replacing employee(s) within the City with lower qualifications for the remaining position and less seniority in favor of employees with better qualifications for the remaining position and more seniority.
H. VOLUNTARY RESIGNATIONAn employee who resigns from employment is encouraged to provide their supervisor with written notice at least fourteen (14) calendar days prior to their last day of work. It is also appropriate to notify the Director of Human Resources.
I. CREDITED SERVICE TIME AND BENEFIT REINSTATEMENT IF REHIRED
An employee who is rehired within twelve (12) months of their separation date receive credit for prior service (not including the break in service). An employee who is rehired after twelve (12) months of their separation date is not entitled to any reinstatement of prior service or benefits except for any legally required benefits. Respective sections in this Manual address reinstatement of benefits, specifically, see Section 26 for reinstatement of forfeited sick leave.
J. SEPARATION NOTICE AND EXIT INTERVIEW
An employee’s department head or supervisor should complete a Separation Notice form, and when possible, an exit interview, and return it to the human resource department.
K. FINAL PAYCHECK
When an employee resigns voluntarily, the final paycheck is issued with the regular pay period. When an employee is separated involuntarily, the final paycheck is issued within 24 working hours of notification of separation.
SECTION 6: NEPOTISM (pdf.)
A. POLICY
Tooele City desires to avoid the appearance of favoritism that may result from employment relationships with relatives and to minimize the potential for disruption or limitations in the workplace that may result from employment relationships with relatives. It is the policy of Tooele City that no City employee may do any of the following:
B. TWO EMPLOYEES MARRY – ONE IS THE SUPERVISOR
When two existing employees within a supervisory chain of command marry, Tooele City will consider moving one of the employees to a position outside the supervisory chain of command by either lateral transfer or demotion. When such efforts are not practical for Tooele City, are not in the best interest of the organization as determined by the Mayor in consultation with the department head, or are not accepted by the employee subject to the transfer or demotion, the City will then notify both employees that one of the employees must separate from City employment within 60 days. In the event neither employee chooses to separate from City employment, the employee with the least seniority will be separated from City employment. For purposes of this Section, seniority will be calculated first by the credited service time as a benefit eligible employee and then take into consideration credited seasonal, then credited temporary time.
C. REQUIREMENT TO DISCLOSE
Both applicants for positions and any individual involved in any capacity with a selection process involving a relative are required to make a complete written disclosure of such relation at time of application or prior to becoming involved in any selection process. Failure to make the disclosure is a violation of this nepotism policy and may result in disciplinary action, up to and including dismissal from employment, as well as the applicant for employment no longer being considered for employment.
D. EMPLOYMENT OF RELATIVES WHEN NO SUPERVISIORY RELATION EXISTS
Tooele City reserves the right to refuse to hire, promote, transfer, or otherwise reassign a person to a position, shift, or other condition of employment in the same department, division, or work area, wherein his/her relationship to a relative has the potential to adversely impact the workplace.
E. CITY’S RIGHT TO TRANSFER
Notwithstanding any of the above, Tooele City reserves the ultimate right to involuntarily transfer an employee on a lateral basis, to a position of similar duties at such time as the relationship between two or more relatives has the potential for creating adverse impact on the workplace (such as, but not limited to, supervision, safety, security, or morale), or involves a potential conflict of interest, and such a position becomes available.
F. DEFINITIONS
2. Supervise, Supervision, and Supervisor - an employment relationship in which an employee’s relative is in the employee’s “chain of command” or in the direct line of managerial oversight; or, the elected Mayor or member of the City Council is a relative of an employee or applicant for employment.
3. Chain of Command - the vertical employment relationship in which an employee is accountable to a direct supervisor, and that supervisor is accountable to another supervisor, and so on. Any person in this line is in the chain of command.
A. POLICY
Tooele City desires to avoid the appearance of favoritism that may result from employment relationships with relatives and to minimize the potential for disruption or limitations in the workplace that may result from employment relationships with relatives. It is the policy of Tooele City that no City employee may do any of the following:
1. Participate in the process of hiring or reassigning a relative (including serving on interview panels or other applicant evaluation boards while the relative is still being considered);
2. Hire or cause to be hired a relative (signing final paperwork for administrative purposes when not otherwise involved in the hiring or reassigning of a relative does not constitute a violation of this provision);
3. Reassign or cause to be reassigned a relative (signing final paperwork for administrative purposes when not otherwise involved in the reassigning of a relative does not constitute a violation of this provision);
4. Accept employment or reassignment to a regular/appointed status position, when doing so would place him/her under the supervision of a relative;
5. Hear or investigate a grievance or an appeal from a relative; or,
6. Supervise a relative, unless one of the following exceptions apply:
6. Supervise a relative, unless one of the following exceptions apply:
a. Two employees in a supervisory relationship, or an employee who is employed in a position before a relative assumed a supervisory position over the relative, may on a temporary, transitional basis, retain employment in their existing positions until such time as Tooele City is able to reasonably transfer one of the employees on a lateral basis to another position outside the supervision of the relative. Tooele City retains the right to decide which employee is to be involuntarily transferred on a lateral basis, taking into consideration the needs of the organization.
During the transitional period, measures should be put into place by the department head to ensure that the relative does not evaluate the employee’s performance, recommend changes in pay, or make other employment decisions that could give rise to a perception of favoritism resulting from nepotism. Such actions may include having another manager review and approve such actions.
b. The new or reassigned employee is the only person available, qualified, or eligible for the position;
c. The new or reassigned employee is compensated from funds designated for vocational training;
d. The new or reassigned employee is employed for a period of 12 weeks or less per 12-month look back period;
e. The new or reassigned employee will be working in a contingent position (i.e. temporary, seasonal, cyclical, or on-call) with no expectation for continued employment or appeal rights, and there is an intermediate supervisor (as opposed to a lead) between the relatives;
f. The new or reassigned individual is a volunteer as defined by this Manual;
g. The Mayor has determined that the new or reassigned employee is the only employee available or qualified to supervise the relative; or,
h. The new or reassigned employee is employed by Tooele City before a relative is elected as Mayor or a member of the City Council. Elected officials have the duty to minimize the appearance of favoritism resulting from nepotism whenever possible.
NOTE: If one of the above exceptions applies, but the individual is a relative of an elected official, consent must be given by both the Mayor and majority vote from the city council.
B. TWO EMPLOYEES MARRY – ONE IS THE SUPERVISOR
When two existing employees within a supervisory chain of command marry, Tooele City will consider moving one of the employees to a position outside the supervisory chain of command by either lateral transfer or demotion. When such efforts are not practical for Tooele City, are not in the best interest of the organization as determined by the Mayor in consultation with the department head, or are not accepted by the employee subject to the transfer or demotion, the City will then notify both employees that one of the employees must separate from City employment within 60 days. In the event neither employee chooses to separate from City employment, the employee with the least seniority will be separated from City employment. For purposes of this Section, seniority will be calculated first by the credited service time as a benefit eligible employee and then take into consideration credited seasonal, then credited temporary time.
C. REQUIREMENT TO DISCLOSE
Both applicants for positions and any individual involved in any capacity with a selection process involving a relative are required to make a complete written disclosure of such relation at time of application or prior to becoming involved in any selection process. Failure to make the disclosure is a violation of this nepotism policy and may result in disciplinary action, up to and including dismissal from employment, as well as the applicant for employment no longer being considered for employment.
D. EMPLOYMENT OF RELATIVES WHEN NO SUPERVISIORY RELATION EXISTS
Tooele City reserves the right to refuse to hire, promote, transfer, or otherwise reassign a person to a position, shift, or other condition of employment in the same department, division, or work area, wherein his/her relationship to a relative has the potential to adversely impact the workplace.
E. CITY’S RIGHT TO TRANSFER
Notwithstanding any of the above, Tooele City reserves the ultimate right to involuntarily transfer an employee on a lateral basis, to a position of similar duties at such time as the relationship between two or more relatives has the potential for creating adverse impact on the workplace (such as, but not limited to, supervision, safety, security, or morale), or involves a potential conflict of interest, and such a position becomes available.
F. DEFINITIONS
1. Relative –
For the purposes of this policy, an employee’s relative is defined as (blood relationship, including half-siblings) or as affinity (marriage, step-relations, or adoption): Spouse, Parent, Sibling, Child, Grandparent, Grandchild, Uncle, Aunt, Nephew, Niece, First Cousin or any of the following In-Laws: Mother, Father,
Son, Daughter. Relative does not include: grandparent-in-law, uncle-in-law, aunt-in-law, nephew in-law, niece-in-law, cousin-in-law, second cousins, or other similar distant relationships. Relative also includes cohabitants, such as a husband and wife by common-law marriage, domestic partners (a person with whom the employee’s life is interdependent and who shares a common residence), any person claimed as a dependent for income tax purposes for the most recent two tax years, and individuals living in the residence of the employee for a cumulative period of six months or longer over a two year look back period. Relative also includes nonmarried cohabitants, roommates, foster children, etc. A legal divorce dissolves affinity relationships but not cohabitant relationships.
2. Supervise, Supervision, and Supervisor - an employment relationship in which an employee’s relative is in the employee’s “chain of command” or in the direct line of managerial oversight; or, the elected Mayor or member of the City Council is a relative of an employee or applicant for employment.
3. Chain of Command - the vertical employment relationship in which an employee is accountable to a direct supervisor, and that supervisor is accountable to another supervisor, and so on. Any person in this line is in the chain of command.
SECTION 7: WORK SCHEDULES & ATTENDANCE (pdf.)
A. PURPOSE
B. WORK SCHEDULES
C. ATTENDANCE & PUNCTUALITY
Reliable and predictable attendance is expected of all employees. Attendance encompasses not only being at work, but also being punctual and being ready to work. Although this is not an exclusive list, employees have the following responsibilities:
D. CORRECTIVE ACTION & DISCIPLINE
Attendance violations are grounds for corrective and/or disciplinary action pursuant to Section 5: Corrective Action, Discipline, & Separation, herein this Manual.
E. JOB ABANDONMENT
In the event an employee is absent for three or more consecutive work days, without prior notice or approval, such absence is viewed as job abandonment. The employee is then considered to have abandoned their job and the City may process separation paperwork as a voluntary resignation.
F. COORDINATION OF LEAVE
Tooele City reserves the right to coordinate absences with any other applicable leave policies, legal rights, or benefits.
G. VERIFICATION
Tooele City reserves the right to require an employee to submit verification for reasons such as chronic absenteeism, a reasonable belief that the employee has misrepresented his/her need for leave, and except for approved FMLA-protected leave, for medical reasons exceeding three days.
A. PURPOSE
1. The purpose of this Section is to communicate Tooele City’s policy regarding work schedules and to provide employees with notice of some of their responsibilities relating to attendance and punctuality. This Section does not identify every schedule or attendance related matter that may arise. Tooele City
reserves the right to otherwise address such matters in a manner that best meets the City’s needs.
2. Tooele City recognizes that time off work is unpaid unless the City has established a policy to provide paid leave benefits such as annual leave, sick leave, funeral leave, etc. The respective Section in this Manual should be referenced when determining if an absence may be paid or unpaid.
B. WORK SCHEDULES
1. Work schedules may vary and are set by the department head and/or supervisor, with concurrence from the Mayor, to meet the needs of Tooele City and the general public.
2. Tooele City complies with federal regulations and limits work hours for employees under age 16 as follows:
a. Outside of school hours;
b. not more than 40 hours in any one week when school is not in session;
c. not more than 18 hours in any one week when school is in session;
d. not more than 8 hours in any one day when school is not in session;
e. not more than 3 hours in any one day when school is in session; and,
f. between 7 a.m. and 7 p.m. in any one day, except during the summer (June 1
through Labor Day), when the evening limit is 9 p.m.
3. Employees age 16 to 17 may work any hours for unlimited hours as long as outside of school hours.
C. ATTENDANCE & PUNCTUALITY
Reliable and predictable attendance is expected of all employees. Attendance encompasses not only being at work, but also being punctual and being ready to work. Although this is not an exclusive list, employees have the following responsibilities:
1. Be on Time & Begin Working at the Scheduled Start Time.
Be at the work station ready for work by the scheduled start time. Begin working at the scheduled start time. In order to be “ready” employees should arrive to work with sufficient time to attend to personal needs such as hanging up coats, storing food items, visiting restrooms, obtaining a morning drink, etc. prior to the beginning of their scheduled start time. Although the City does not “dock” employees for the first 7 minutes of the shift, employees should not assume this permits them to be late. For the purpose of determining tardiness, an employee is late if he/she reports for work any time after the designated start time.
Be at the work station ready for work by the scheduled start time. Begin working at the scheduled start time. In order to be “ready” employees should arrive to work with sufficient time to attend to personal needs such as hanging up coats, storing food items, visiting restrooms, obtaining a morning drink, etc. prior to the beginning of their scheduled start time. Although the City does not “dock” employees for the first 7 minutes of the shift, employees should not assume this permits them to be late. For the purpose of determining tardiness, an employee is late if he/she reports for work any time after the designated start time.
2. Leave as Scheduled.
Do not leave prior to the scheduled end time unless approved to leave earlier. Leave no later than 7 minutes past the end time. Tooele City recognizes that exceptions may be approved such as when given advance approval from the supervisor to work longer or when staying later is appropriate to assist a
customer or assist with an emergency situation. In such cases, the supervisor should be notified of the circumstances in a timely manner.
3. Give Proper Notice of the Need to be Absent or Tardy.
3. Give Proper Notice of the Need to be Absent or Tardy.
a. Pre-Scheduled Absence.
When the need to be absent is known, submit an absentee request in a timely manner pursuant to the department’s policy for requesting to be absent. In absence of department policies, Form #8 Absentee Request should be submitted.
When the need to be absent is known, submit an absentee request in a timely manner pursuant to the department’s policy for requesting to be absent. In absence of department policies, Form #8 Absentee Request should be submitted.
b. Unscheduled Absence or Tardy.
When the need to be absent is not pre-scheduled, follow the department’s procedure for making proper notification of an unscheduled absence or tardy. Tooele City recognizes that department needs will vary and has authorized each department head to adopt a procedure for employees to
give notification of unscheduled absences. Each department is expected to notify employees of their respective procedure. In the absence of a department procedure or if an employee is unaware of the department’s procedure, an employee (or designee) is expected to contact his/her supervisor within 10 minutes of the scheduled start time. Notification does not excuse the absence or tardy but simply notifies the supervisor so that appropriate adjustments can be made. Chronic absenteeism is unacceptable. Chronic absenteeism is frequent or repetitive absences from the workplace for one or a multiplicity of reasons. This does not include pre-scheduled absences or absences protected through legal rights such as the FMLA or ADA.
4. Be at the Assigned Work Station.
Be at the assigned work station as scheduled unless excused, on break, or the needs of the job require being elsewhere.
5. Return from Breaks and/or Meal Periods in a Timely Manner.
Take only the time allowed for breaks and meal periods and return at the appropriate time.
6. Obtain Proper Approval for Leave without Pay.
For benefit eligible employees, ensure that adequate paid leave is available prior to requesting to be absent. If adequate paid leave is not available, receive advanced approval for leave without pay or reduced pay pursuant to Section 27: FMLA and City Approved LOA, herein this Manual.
D. CORRECTIVE ACTION & DISCIPLINE
Attendance violations are grounds for corrective and/or disciplinary action pursuant to Section 5: Corrective Action, Discipline, & Separation, herein this Manual.
E. JOB ABANDONMENT
In the event an employee is absent for three or more consecutive work days, without prior notice or approval, such absence is viewed as job abandonment. The employee is then considered to have abandoned their job and the City may process separation paperwork as a voluntary resignation.
F. COORDINATION OF LEAVE
Tooele City reserves the right to coordinate absences with any other applicable leave policies, legal rights, or benefits.
G. VERIFICATION
Tooele City reserves the right to require an employee to submit verification for reasons such as chronic absenteeism, a reasonable belief that the employee has misrepresented his/her need for leave, and except for approved FMLA-protected leave, for medical reasons exceeding three days.
SECTION 8: REST & MEAL PERIODS (pdf.)
A. REST PERIODS/BREAKS
A 15-minute rest period is provided to each employee for every 4 hours of work, up to two per day. Rest periods are generally scheduled by the immediate supervisor or work lead. Rest periods may not be taken in conjunction with a lunch break or at the beginning or end of a work shift. Rest periods may not be allowed to accumulate; neither can they be carried over to another 4-hour period if not used.
B. MEAL PERIODS
1. Meal periods are scheduled by the immediate supervisor or work lead, with concurrence from the department head, to meet the needs of the City. Employees may not perform any work during their meal periods (example, may not answer phones while eating at their desk). Supervisors should ensure that employees are relieved of duty during their meal period. If not, the meal period is considered hours worked and must be recorded on their time card.
2. Special Provision for Employees Age 17 or younger. Utah State law requires that employees age 17 or younger be provided with a 30-minute meal period not later than five hours after beginning of his/her shift. Supervisors must ensure that these employees take the required meal period and are relieved of duty during their meal period.
A. REST PERIODS/BREAKS
A 15-minute rest period is provided to each employee for every 4 hours of work, up to two per day. Rest periods are generally scheduled by the immediate supervisor or work lead. Rest periods may not be taken in conjunction with a lunch break or at the beginning or end of a work shift. Rest periods may not be allowed to accumulate; neither can they be carried over to another 4-hour period if not used.
B. MEAL PERIODS
1. Meal periods are scheduled by the immediate supervisor or work lead, with concurrence from the department head, to meet the needs of the City. Employees may not perform any work during their meal periods (example, may not answer phones while eating at their desk). Supervisors should ensure that employees are relieved of duty during their meal period. If not, the meal period is considered hours worked and must be recorded on their time card.
2. Special Provision for Employees Age 17 or younger. Utah State law requires that employees age 17 or younger be provided with a 30-minute meal period not later than five hours after beginning of his/her shift. Supervisors must ensure that these employees take the required meal period and are relieved of duty during their meal period.
SECTION 9: COMPENSATION (.pdf)
A. PURPOSE
This Section establishes and communicates Tooele City’s compensation program, promotes consistent administration of common compensation matters, and supports compliance with the Fair Labor Standards Act and applicable federal and state laws. Tooele City reserves the right to administer compensation matters not expressly covered by this Section in a manner consistent with applicable law and the City’s operational needs.
B. DEFINITIONS
C. COMPENSATION OBJECTIVE & JOB CLASSIFICATION
D. APPOINTED EMPLOYEES’ COMPENSATION
Appointed employees’ compensation is generally consistent with the pay plans for regular status employees, with pay ranges established following the notice and public hearing requirements of Utah Code and City Council adoption. The Mayor, with approval of the City Council, reserves the right to deviate from established standards or make adjustments at any time. However, any change to a salary range after the required public hearing has concluded would necessitate a new public hearing and adoption.
E. ELECTED OFFICIALS’ COMPENSATION & ALLOWANCES
F. STEP ASSIGNMENT UPON HIRE
G. STEP INCREASES
When approved in the fiscal budget, regular status employees may be eligible to receive a step increase in pay up to the maximum step for their job’s salary grade. The following are the most common forms of step increases:
H. TENURED SERVICE PERFORMANCE BONUS (TSPB)
When approved in the fiscal budget, a Tenured Service Performance Bonus (TSPB) of $1,000 may be given to an employee who has reached the maximum step of their job’s salary grade, is not red-circled, and has received a minimum of 3.0 on their most recent performance review. TSPB payment is included in the Regular Rate of Pay when calculating FLSA Overtime for the period of time the bonus covered, generally the prior one-year review period. (The TSPB Amount was approved retroactively, effective June 21, 2026)
I. COST OF LIVING ADJSUTMENT
When approved in the fiscal budget, the salary schedule is adjusted to reflect cost of living adjustment (COLA). Salary review dates are not reset.
J. LATERAL TRANSFER
A lateral transfer is a move from one job to another at the same salary grade.
No change in pay is granted for lateral transfers and the salary review date is not reset.
K. PROMOTION
L. TEMPORARY PROMOTION
An employee who is temporarily promoted for one calendar month or more may receive a temporary pay increase. This adjustment will be reversed when the temporary promotion ends, is not considered a demotion, and does not affect the employee’s regularly scheduled salary review date.
M. DEMOTION
A demotion is a move from one job to another with a lower salary grade.
N. RECLASSIFICATION
A job may be considered for reclassification due to significantly changed duties, qualification requirements, or market pressures, generally during the fiscal budget process. Requests made after the budget has been approved are generally held for consideration in the next fiscal budget process.
O. OVERTIME (FLSA-REQUIRED)
P. PREMIUM PAY (PP 1.5)
Q. COMPENSATORY TIME (COMP-TIME)
R. HOLIDAY PAY, PATROL OFFICER HOLIDAY BUY-BACK, & HOLIDAY WORKED
The Holiday Policy, herein this Manual, identifies the holidays Tooele City recognizes for pay purposes.
T. CALL-OUT PAY
U. ON-CALL ROTATION PREMIUM PAY / ON-CALL EMPLOYEE
V. TIPS & GRATUITIES
Golf Course cook/concessions employees are authorized to accept tips given voluntarily by customers and to be paid gratuities that are billed for catering. Employees must report tips on their time card and are paid gratuities through regular payroll processing.
W. COURT APPEARANCE HOURS WORKED FOR POLICE OFFICERS
Police officers required to appear at court in their official capacity under subpoena will be compensated for actual time worked, with a guaranteed minimum of two (2) hours. All time paid under this provision counts as regular hours worked toward the calculation of overtime.
X. SCHOOL RESOURCE OFFICER (SRO) RETENTION BONUS
Subject to budget approval and administrative terms for the school year, a retention bonus may be offered to School Resource Officers as a single lump-sum payment at the end of the school year. To comply with FLSA standards, a bulk overtime recalculation will be performed across the entire bonus period (generally August through May), incorporating total hours and total Overtime worked to pay any retroactive overtime adjustment earned. The bonus amount will be prorated for officers entering or leaving the assignment mid-year when initiated or required by the City without cause. Officers who voluntarily vacate the SRO position (such as for transfers, promotions, or personal requests) are removed for cause, or separate from employment prior to the end of the school year forfeit all eligibility for the lump-sum bonus.
Y. DAYLIGHT SAVING TIME
Z. UNIFORM ALLOWANCE FOR POLICE OFFICERS AND FIREFIGHTERS
Subject to budget approval, a uniform allowance is authorized for full-time police officers and firefighters to cover the cost of replacing, maintaining, laundering, and repairing required uniforms and gear.
AA. PHONE ALLOWANCE & AFTER-HOURS USE OF TECHNOLOGY
BB. FLSA EXEMPT EMPLOYEES’ COMPENSATION
1. General Policy - FLSA-exempt employees are paid on a salary basis and receive a predetermined salary each week. While public sector regulations (29 CFR § 541.710) permit salary reductions for partial-day absences, it is City policy not to reduce an exempt employee’s salary or accrued leave balances for partial-day absences, provided the employee performs work during that day, unless one of the specific partial-day exceptions listed below applies.
2. Permitted Salary Deductions and Leave Charges – Deductions from an exempt employee’s salary - or required charges against accrued paid leave - are restricted to full-day increments, with limited partial-day exceptions:
In fiscal years with 27 pay periods rather than the standard 26, additional compensation may be approved through the fiscal budget to maintain employees’ regular bi-weekly paycheck amounts.
DD. PAY ADVANCEMENTS
The City will not issue advances for unearned wages or permit the early release of paychecks for active employees.
EE. SEVERANCE PAY
FF. WORK PERIOD & WORK DAY
GG. PAY DAY
Employees are paid every two weeks, on or before the Friday following the end of the pay period.
HH. APPROVING PAY CHANGES
A change in employee pay is made by the use of a Personnel Action Report (PAR). A PAR is not considered valid until it has approval by at least two authorized individuals. Global pay adjustments, such as COLA adjustments or those made in the fiscal budget, do not require the use of a PAR and may be documented by alternative means.
II. TIME REPORT (TIME CARD)
3. Both supervisors and payroll administrators have the authority to make or correct time entries to ensure compliance with City policies or procedures. The electronic system keeps a record of edits. Employees and supervisors/authorized designees must approve time reports by 12:00 p.m. the Monday following the end of the pay period, unless the City publishes an alternate approval deadline on the official annual payroll schedule (i.e., due to a holiday closure) or gives other notice. Late approvals may result in a delay in payment. As needed, payroll administrators may approve time reports, or aspects of time reports, to expedite payroll processing.
JJ. DIRECT DEPOSIT
Direct deposit is a condition of employment and requires a completed authorization form prior to the first paycheck. In limited circumstances—such as initial onboarding, account changes, one-time payments, or situations in the City’s best interest—the City may issue a paper check.
KK. EMPLOYEE VERIFICATION OF PAYCHECK ACCURACY
Employees are responsible for reviewing their paystubs every pay period to ensure that hours, wages, benefit deductions, and tax withholdings (W-4 status) are accurate. Suspected errors must be reported to the Human Resources Department immediately. The City will promptly correct administrative or wage errors in accordance with applicable state and federal wage laws. The City is not liable for tax penalties, personal tax obligations, or financial losses resulting from an employee’s failure to verify their tax withholding status or payroll deductions.
LL. PAYMENTS UPON DEATH
Final wages and eligible leave payments will be paid to the employee's estate or other legally authorized recipient in accordance with applicable law and City records.
A. PURPOSE
This Section establishes and communicates Tooele City’s compensation program, promotes consistent administration of common compensation matters, and supports compliance with the Fair Labor Standards Act and applicable federal and state laws. Tooele City reserves the right to administer compensation matters not expressly covered by this Section in a manner consistent with applicable law and the City’s operational needs.
B. DEFINITIONS
1. De Minimis Work Time - Work time up to seven (7) minutes may be disregarded for pay purposes, but longer periods in a single instance or in total throughout the work day must be recorded on the time report.
2. Flex/Flex-time – A scheduling practice in which an employee’s work schedule is adjusted within the standard workweek (or, for police officers, the standard 14-day pay period) to offset additional hours worked on another day and avoid the accrual of comp-time or payment of FLSA-required Overtime.
3. FLSA Non-Exempt / FLSA Exempt / Not Covered – An employee's classification under the Fair Labor Standards Act as non-exempt, exempt, or not covered by the applicable FLSA provisions. FLSA Non-exempt employees are subject to the recordkeeping and overtime provisions of the FLSA. FLSA Exempt employees are salaried and not subject to the overtime provisions of the FLSA. Not Covered means the job is not covered under the provisions of the FLSA.
4. Green-Circled – Employee rate of pay is temporarily below their job’s salary grade minimum making them eligible for larger or more frequent pay increases, as approved by the department head and the Mayor, until rate of pay reaches the minimum.
5. Hours Worked - Time an employee is required, permitted, or suffered to work that is compensable under the FLSA. Hours worked are distinguished from paid leave, holiday pay, administrative pay, and other paid hours that do not constitute hours worked under the FLSA.
6. Job Description - A job description outlines the main duties, responsibilities, and qualifications needed. It describes the typical duties and responsibilities. It is not a complete list and other duties may be assigned. It may be changed at any time.
7. Reclassification – A change to a job’s salary grade on the salary schedule.
8. Red-Circled - Employee rate of pay is temporarily above their job’s salary grade maximum, making them ineligible for pay increases until the salary grade maximum equals or exceeds the employee’s rate of pay.
9. Regular Rate of Pay for FLSA Overtime - The rate used to calculate FLSA-required Overtime. The regular rate generally includes all remuneration for work performed, including the employee’s regular wages and applicable nondiscretionary payments, bonuses, and on-call pay, unless specifically excluded by the FLSA. The Regular Rate of Pay may be higher than the hourly rate when these other forms of pay are included.
10. Salary Review Date - Scheduled date to review an employee’s pay.
11. Standby Status (Unrestricted Alert or “Waiting to be Engaged”) – A status in which an employee is notified that a call-out may occur (such as a winter snow storm, potential emergency, or special community event), but is otherwise free to use their time effectively for their own purposes subject to reasonable requirements to remain reachable and responding when called.
12. Transfer - A move from one job to another. Transfers may be lateral transfers, demotions, or promotions. Transfers may be voluntary or involuntary.
13. Underfill - Employee assignment to a lower salary grade because they do not yet meet the minimum qualifications for the job. The employee works to gain the required training and/or experience to become fully qualified and move to the job’s salary grade.
C. COMPENSATION OBJECTIVE & JOB CLASSIFICATION
1. Tooele City’s goal is to maintain a compensation program that balances the City’s ability to attract and retain qualified employees with the City’s fiscal goals.
2. A salary schedule, approved with the fiscal budget, specifies the minimum and maximum pay for each salary grade, broken into incremental steps. Generally, jobs are assigned a salary grade as follows:
a. Grades 1-12. Jobs within these grades are generally filled from the local market and the primary compensation objective is to maintain internal equity.
b. Grades 13-18. Jobs within these grades generally represent middle management, specialized craft or skilled occupations, senior level licensed and/or certified occupations, and professional occupations that often require a college degree, a formal two-to-four-year certification, or extensive vocational training. While internal equity is the primary goal for these grades, the City recognizes that circumstances may necessitate deviation from internal equity. With Mayoral approval, a salary grade can be assigned based on the market conditions to address specific issues such as recruitment difficulty or high turnover.
c. Grades 19-25. Jobs within these grades generally represent upper management, appointed staff, experienced professionals, or highly specialized and skilled jobs. Tooele City recognizes the prevailing market often impacts the ability to hire and retain employees in these jobs so it is generally the primary consideration when assigning a salary grade. Internal equity is generally a secondary consideration. The City reserves the right to adjust salary grades based on budget limitations. Market comparisons for these jobs are generally completed every two years but may be done more frequently or less frequently as deemed appropriate.
d. Grades 50-60. Jobs within these grades represent the salary schedule for sworn law enforcement officers.
e. Not on Scale. Jobs designated as “Not on Scale” generally have highly unique circumstances or market factors making it unreasonable to place them on the standard salary schedule due to competitive market pressures.
f. Grade Assignment for Contingent Jobs. Contingent employees (temporary, seasonal, and on-call) are generally not assigned a salary grade. Pay plans for such jobs are established to meet the unique recruitment and retention needs and are generally reviewed each fiscal year.
3. Final salary grade assignment is recommended by the department head and the director of human resources. The Mayor makes the final approval.
D. APPOINTED EMPLOYEES’ COMPENSATION
Appointed employees’ compensation is generally consistent with the pay plans for regular status employees, with pay ranges established following the notice and public hearing requirements of Utah Code and City Council adoption. The Mayor, with approval of the City Council, reserves the right to deviate from established standards or make adjustments at any time. However, any change to a salary range after the required public hearing has concluded would necessitate a new public hearing and adoption.
E. ELECTED OFFICIALS’ COMPENSATION & ALLOWANCES
1. The Mayor's salary is established by ordinance of the City Council. In addition, the Mayor may receive a vehicle and phone allowance, the amounts of which are established by the City Council. The vehicle allowance is provided to cover all costs of maintaining a safe and reliable vehicle for City use. This includes all aspects of vehicle ownership, such as registration, a personal automobile insurance policy that meets or exceeds the City's minimum coverage requirements, and all operating costs. This allowance also covers the cost of vehicle rentals for all in-state City business.
2. City Council members’ salaries are established by ordinance of the City Council. In addition, City Council members may receive a phone allowance in an amount established by the City Council.
F. STEP ASSIGNMENT UPON HIRE
1. Newly hired regular status employees are assigned to step zero of their job’s salary grade.
2. With consideration to internal equity, the Mayor may approve a higher starting step under these specific circumstances:
a. Difficulty Recruiting. If a qualified applicant cannot be recruited at the initial pay step, a higher starting step may be approved.
b. Exceptional Qualifications. If the applicant possesses highly exceptional and unique qualifications that are measurable and provide a significant benefit to the City, such as reducing the need for standard training or providing the immediate ability to address critical, high-priority work.
c. Legal Compliance. If the job is classified as FLSA exempt and placement at step zero does not meet the required minimum salary under FLSA.
G. STEP INCREASES
When approved in the fiscal budget, regular status employees may be eligible to receive a step increase in pay up to the maximum step for their job’s salary grade. The following are the most common forms of step increases:
1. Completion of Orientation Period - Employees completing the required orientation period receive a step increase in pay and their salary review date is reset to one year.
2. Merit Increase – Employees receiving a score of at least 3.0 on their performance evaluation receive a one-step increase in pay on their salary review date, and their next salary review date is reset to one year. A merit increase may be delayed for up to six months if an employee receives a 1 or 2 on any performance factor and is provided a corrective action plan or other written notification. The next salary review date remains based on the original salary review date.
H. TENURED SERVICE PERFORMANCE BONUS (TSPB)
When approved in the fiscal budget, a Tenured Service Performance Bonus (TSPB) of $1,000 may be given to an employee who has reached the maximum step of their job’s salary grade, is not red-circled, and has received a minimum of 3.0 on their most recent performance review. TSPB payment is included in the Regular Rate of Pay when calculating FLSA Overtime for the period of time the bonus covered, generally the prior one-year review period. (The TSPB Amount was approved retroactively, effective June 21, 2026)
I. COST OF LIVING ADJSUTMENT
When approved in the fiscal budget, the salary schedule is adjusted to reflect cost of living adjustment (COLA). Salary review dates are not reset.
J. LATERAL TRANSFER
A lateral transfer is a move from one job to another at the same salary grade.
No change in pay is granted for lateral transfers and the salary review date is not reset.
K. PROMOTION
1. A promotion is a move from one job to another job at a higher salary grade. Promotions generally occur by selection or by advancement through a career ladder (e.g. Operator I, II, and III). Career ladder promotions are not guaranteed to any employee. The supervisor has the discretion to determine if an employee meets the minimum qualifications, possesses the required knowledge, skills, and abilities for the higher-level job, and whether the employee will be assigned the duties associated with the promotion.
2. Upon promotion, an employee’s pay is adjusted by a 5% increase to their current pay. The employee is then placed at the closest salary step for the new job’s salary grade that is equal to or higher than this calculated amount. This may result in a pay increase greater than 5% due to rounding and/or the structure of the salary schedule. The salary review date is reset to one year. Promoted employees are generally not placed at Step zero, as this step is reserved for new hires completing their orientation period. Exceptions apply when an employee is promoted while still completing their orientation period, or for an internal promotion to a police officer, in which case the employee may be placed at step zero and complete any required orientation period (including police officer FTO completion). The original salary review date for completion of orientation is not reset.
3. With consideration to internal equity, the Mayor may approve placement at a higher step under these specific circumstances:
a. Difficulty Recruiting. If a qualified applicant cannot be recruited after completing a competitive external recruitment, a promoted employee may be placed at a higher step.
b. Exceptional Qualifications. If the employee possesses highly exceptional and unique qualifications that provide a clear and substantial benefit to the City, such as a reduced need for standard training or the immediate ability to address a critical, high-level project need. The knowledge gained from a standard career path is not considered an exceptional qualification.
c. Underfill Pay Assignment. For jobs that require specialized certifications or licenses by law or industry and are difficult to fill, a promoted employee may be placed at a higher step upon initial promotion to ensure their pay remains competitive with the market rate once they complete the required training and are fully certified. This is done to retain the employee and protect the City's investment in their development.
d. Pay Compression. When a supervisory employee (but not a lead) would earn substantially less than a direct subordinate. This exception requires careful Citywide analysis to ensure internal equity and equitable consideration for all employees.
e. Legal Compliance. If the job is classified as FLSA exempt and the calculated promotion pay does not meet the FLSA required minimum salary.
L. TEMPORARY PROMOTION
An employee who is temporarily promoted for one calendar month or more may receive a temporary pay increase. This adjustment will be reversed when the temporary promotion ends, is not considered a demotion, and does not affect the employee’s regularly scheduled salary review date.
M. DEMOTION
A demotion is a move from one job to another with a lower salary grade.
1. Reduction in Force – When a demotion occurs due to a reduction in force, the employee will be placed in the new job’s salary grade at the step the employee would have been at if they had been in that grade since their most recent hire date, not to exceed the maximum step. The salary review date is not reset.
2. Disciplinary Demotion – When a demotion occurs due to disciplinary reasons, the employee’s pay will be reduced by a minimum of 5%. Depending on the circumstances, the City reserves the right to impose a greater pay reduction. The salary review date is reset to one year.
3. Involuntary Demotion for Other Reasons – When a demotion occurs due to other involuntary reasons, the employee’s pay will be determined by the City, considering the reason for the demotion and internal pay equity. The salary review date is reset to one year.
4. Voluntary Demotion – When an employee requests a demotion, their pay will normally be reduced by at least 5% and may be reduced more. The final salary will be set on a case-by-case basis, considering factors such as the change in job responsibilities, internal pay equity, comparison to similarly situated employees, and the employee’s experience, certifications, specialized training, and potential step the employee likely would have attained had they been in that job. The salary review date will be determined based on the circumstance of the demotion.
N. RECLASSIFICATION
A job may be considered for reclassification due to significantly changed duties, qualification requirements, or market pressures, generally during the fiscal budget process. Requests made after the budget has been approved are generally held for consideration in the next fiscal budget process.
1. Upgrade - When a job is upgraded, the employee’s pay is increased by 5%. The employee is then assigned to the step equal to that amount or, if no exact step exists, the next higher step. Because of this step placement, the final raise may actually exceed 5%. While this change usually resets the employee’s salary review date to one year later, those still in their orientation period keep their current salary review date. If the department lacks the budget to cover the raise, affected employees may be “green-circled,” with a specific plan developed to eventually bring their pay to the minimum of the salary grade.
2. Downgrade - When a job is downgraded, employees are moved to the new salary grade at the step closest to their current pay, ensuring they do not receive a pay cut. If an employee’s current salary is already higher than the maximum step allowed for the new grade, they are “red-circled.” The salary review date is not reset. An employee may not grieve a downgrade.
3. Market-Based Reclassification - Market-based reclassifications are generally considered during the fiscal budget process and typically follow the standard calculations for an Upgrade or Downgrade. However, if a specific job faces heavy market pressure, an “in-range” pay adjustment may be used instead. To meet a targeted market position or address internal equity issues among employees, the Mayor may approve unique pay amounts or varied effective dates. Salary review dates may be reset to account for the market adjustments or internal equity.
O. OVERTIME (FLSA-REQUIRED)
1. Overtime/FLSA-required Overtime is compensation required under the Fair Labor Standards Act (FLSA) for eligible FLSA non-exempt employees. FLSA-required Overtime compensation is separately reported as required by federal tax law such as the One Big Beautiful Bill Act, effective January 1, 2025.
2. Overtime is calculated at a multiplier of 1.5 times the Regular Rate of Pay for hours actually worked over 40 in the 7-day workweek, or over 84 in the 14-day work period for police officers. In calculating FLSA-required Overtime, only hours actually worked are counted to determine the hours worked threshold for overtime.
3. Overtime budgets are approved with the fiscal budget. The default for Overtime compensation is earned comp-time, unless a specific budget line item for Overtime pay has been approved.
4. Supervisors should manage schedules to minimize unnecessary overtime and should use flex-time when appropriate and permitted.
5. Before working Overtime, approval from the employee’s supervisor or designee is required, unless otherwise pre-approved for given circumstances.
P. PREMIUM PAY (PP 1.5)
1. Premium Pay is additional compensation provided to FLSA non-exempt employees for specific assignments or situations, regardless of total hours actually worked. Premium Pay may also be referred to as “guaranteed Overtime,” but this pay is distinct from, and reported separately from FLSA-required Overtime.
2. Premium Pay is calculated at a multiplier of 1.5x the hourly rate of pay.
3. To receive Premium Pay, an employee’s combined regular hours worked and paid leave must equal their standard base schedule (typically 40 hours per week, or 84 hours per 14-day period for police officers). The only exceptions are periods of approved unpaid leave, including Uniformed Services Employment and Reemployment Rights Act (USERRA), Family and Medical Leave Act (FMLA), or City-approved Leave of Absence without Pay.
4. For purposes of the One Big Beautiful Bill (OBBB), actual hours worked under a Premium Pay code are counted to determine the hours worked threshold for the reclassification as FLSA-qualifying Overtime.
Q. COMPENSATORY TIME (COMP-TIME)
1. FLSA non-exempt employees may be granted comp-time off in lieu of Overtime or other Premium Pay, as determined by the department head. This is a condition of employment due to varying departmental budgets. Comp-time is earned at a rate of 1.5 hours for every hour of Overtime or Premium Pay earned.
2. Employees can accrue up to a maximum of 200 hours of comp-time. Any hours earned beyond this limit are paid as Overtime or Premium Pay.
3. Requests for comp-time off are made like other leave. Requests should be approved and permitted within a reasonable timeframe, unless doing so would unduly disrupt the workplace. Supervisors may schedule an employee off on comp-time as needed.
4. Comp-time must be exhausted prior to using sick leave, annual leave, or leave with reduced or no pay.
5. Employees may carry over a maximum of 80 hours of comp-time beyond the annual use-by deadline. Any comp-time balance in excess of 80 hours must be used by the end of the pay period that includes March 31. Any hours remaining in excess of this carry-over limit after that deadline will be paid out, unless one of these approved exceptions applies:
a. Snow Removal - Comp-time earned from snow removal between December and March may be carried over until the last day of the pay period following September 30 upon written request from the employee.
b. Work Prevented Use - The Mayor may authorize an amount to carry-over up to the last day of the pay period following September 30 when work prevents an employee from using it.
6. Seasonal/Cyclical Status Employees - Comp-time is paid out upon seasonal layoff or with the final paycheck in the calendar year, whichever date occurs first in the calendar year.
The Holiday Policy, herein this Manual, identifies the holidays Tooele City recognizes for pay purposes.
1. Holiday Pay (Benefit Hours) – Holiday pay for eligible full-time employees equals their hourly rate multiplied by their regularly scheduled hours for that day. Eligible part-time employees paid holiday hours are prorated based on the average hours worked and paid leave used during the pay period that includes the holiday.
2. Patrol Officer Holiday Buy-back - Sworn law enforcement officers assigned to patrol for whom a recognized City holiday falls on their regularly scheduled day off are paid for the holiday at their straight-time rate of pay. This is also known as a "patrol officers' holiday buy back" and is provided in lieu of paid holiday leave time off. These hours are not included when calculating Overtime, do not affect the Regular Rate of Pay for any Overtime earned during that pay period, and cannot be used incrementally or banked for later use.
3. Holiday Worked – In addition to receiving holiday pay, the City may pay hours worked under pay codes:
a. Holiday Worked – Overtime (FLSA-Required)
b. Holiday Worked – Premium Pay 1.5 (PP 1.5)
c. Holiday Worked – Earned Comp-Time
S. SPECIAL DUTY ASSIGNMENT PAY1. FLSA non-exempt employees may be paid at a higher rate of pay for assignments designated as Special Duty Assignment. Examples include, but are not limited to, assignments funded by a specific grant, performed under a special contract with the school district, performed for Saturday funeral services, performed for snow plow safety purposes (when employees are restricted in their personal time), to meet unique work requirements as approved by the Mayor, or special assignment for City-sponsored event such as working on the 4th of July. The City may pay hours worked on Special Duty Assignment under pay codes:
a. Special Duty Assignment – Overtime (FLSA-Required)
b. Special Duty Assignment – Premium Pay 1.5 (PP 1.5)
c. Special Duty Assignment – Earned Comp-Time
2. FLSA exempt employees may be paid at a higher rate of pay for Special Duty Assignments when 100% of their wages are reimbursed to the City by an outside agency. Hours worked on Special Duty Assignment may be paid under pay code:
a. Special Duty Assignment – Premium Pay 1.5 (PP 1.5)
T. CALL-OUT PAY
1. Full-time regular, FLSA non-exempt employees earn Call-out pay when a supervisor or authorized individual requires that they physically return to the workplace with less than 24 hours' notice, or when completing designated weekend on-call duties. It does not apply to remote work, holdover after a shift, voluntary shift swaps, schedule changes with at least 24 hours’ notice, or incidental assistance while present in the workplace for non-work reasons.
2. When an eligible employee is called-out, the City may pay hours worked under pay codes:
a. Call-out – Overtime (FLSA-Required)
b. Call-out – Premium Pay 1.5 (PP 1.5)
c. Call-out – Earned Comp-Time
3. The first Call-out in a day pays a minimum of two hours at the applicable code, regardless of actual time worked. Multiple calls handled during the same response are part of that initial Call-out. Once the assignment ends and the employee returns home, any new requirement to return to the workplace is treated as a separate Call-out eligible for a new two-hour minimum, even within the original two-hour window.
U. ON-CALL ROTATION PREMIUM PAY / ON-CALL EMPLOYEE
1. To ensure continuous, 24-hour response capabilities for critical infrastructure, public safety, and emergencies directly impacting public life, health, and safety, Tooele City requires designated employees in specific divisions (Water, Wastewater, Streets, and Investigations) to participate in an On-call rotation. This program is strictly reserved for essential, time-sensitive safety responses and is not utilized for general customer service response. While the City promotes scheduling flexibility through voluntary employee agreements, management reserves the right to make On-call service assignments if required coverage is not achieved by voluntary agreement.
2. FLSA non-exempt employees assigned to On-call duty receive a daily On-call payment, the amount of which is established in the fiscal budget. This payment is included in the employee’s Regular Rate of Pay for the calculation of Overtime as required by the FLSA.
3. Time spent On-call is not considered work time. While On-call, employees may engage in personal activities but must be prepared to respond. While on-call, employees must:
a. Carry a City-provided communication device and answer all calls from Tooele County Dispatch or City officials promptly.
b. Remain in a condition to respond safely, abstaining from substances (e.g., alcohol) that would impair the ability to do so.
c. When a response to a worksite is necessary, the employee must be on-site within thirty minutes, unless a longer response time is explicitly approved by a supervisor.
4. Failure to meet On-call requirements, including a failure to respond as required, may result in disciplinary action, up to and including termination.
V. TIPS & GRATUITIES
Golf Course cook/concessions employees are authorized to accept tips given voluntarily by customers and to be paid gratuities that are billed for catering. Employees must report tips on their time card and are paid gratuities through regular payroll processing.
W. COURT APPEARANCE HOURS WORKED FOR POLICE OFFICERS
Police officers required to appear at court in their official capacity under subpoena will be compensated for actual time worked, with a guaranteed minimum of two (2) hours. All time paid under this provision counts as regular hours worked toward the calculation of overtime.
X. SCHOOL RESOURCE OFFICER (SRO) RETENTION BONUS
Subject to budget approval and administrative terms for the school year, a retention bonus may be offered to School Resource Officers as a single lump-sum payment at the end of the school year. To comply with FLSA standards, a bulk overtime recalculation will be performed across the entire bonus period (generally August through May), incorporating total hours and total Overtime worked to pay any retroactive overtime adjustment earned. The bonus amount will be prorated for officers entering or leaving the assignment mid-year when initiated or required by the City without cause. Officers who voluntarily vacate the SRO position (such as for transfers, promotions, or personal requests) are removed for cause, or separate from employment prior to the end of the school year forfeit all eligibility for the lump-sum bonus.
Y. DAYLIGHT SAVING TIME
1. Employees working through the 2:00 a.m. transition from Daylight Saving Time to Standard Time in the fall will record and be paid for the extra hour worked. This hour counts toward the calculation of Overtime.
2. Employees working through the 2:00 a.m. transition from Standard Time to Daylight Saving Time in the spring will work one fewer hour and will receive one hour of Administrative Pay for the lost scheduled hour. This hour is considered paid time off and does not count toward the calculation of Overtime.
Z. UNIFORM ALLOWANCE FOR POLICE OFFICERS AND FIREFIGHTERS
Subject to budget approval, a uniform allowance is authorized for full-time police officers and firefighters to cover the cost of replacing, maintaining, laundering, and repairing required uniforms and gear.
AA. PHONE ALLOWANCE & AFTER-HOURS USE OF TECHNOLOGY
1. The Mayor may authorize a phone allowance in lieu of a City-issued cell phone.
2. FLSA Non-exempt Employees - Modern technology may create circumstances where FLSA non-exempt employees perform work outside of their regular schedule. This includes situations where an employee uses a technological device to check and respond to work messages after hours, accesses the City network remotely to complete a task, or is called at home and asked to complete a work task or relay information. Off-duty work consisting of more than de minimis time must be recorded as hours worked on their time card in accordance with time-rounding policies.
3. Supervisors may restrict or prohibit off-duty technology use. However, the lack of prior approval does not render compensable work non-compensable; unapproved off-duty work will be paid but may subject the employee to disciplinary action.
BB. FLSA EXEMPT EMPLOYEES’ COMPENSATION
1. General Policy - FLSA-exempt employees are paid on a salary basis and receive a predetermined salary each week. While public sector regulations (29 CFR § 541.710) permit salary reductions for partial-day absences, it is City policy not to reduce an exempt employee’s salary or accrued leave balances for partial-day absences, provided the employee performs work during that day, unless one of the specific partial-day exceptions listed below applies.
2. Permitted Salary Deductions and Leave Charges – Deductions from an exempt employee’s salary - or required charges against accrued paid leave - are restricted to full-day increments, with limited partial-day exceptions:
a. Standard Full-Day Absences. FLSA exempt employees must use accrued paid leave (sick or annual) to cover full-day absences. If an employee's accrued paid leave is exhausted - or if the employee has no available leave balance - salary will be reduced in full-day increments for any full-day absence.
b. Partial-day Absence Exceptions. Deductions to accrued paid leave or salary in partial-day increments will only occur under the following specific circumstances:
1) FMLA Leave - For actual hours missed during FMLA-protected full day or reduced schedule FMLA leave.
2) City-sponsored Disability Benefit Integration – For partial-day payroll adjustments when an employee is receiving City-sponsored short-term or long-term disability benefits running concurrently with medical leave.
3) Budget-required Furloughs – For actual hours missed resulting from an authorized budget-required furlough.
c. Voluntary Leave Supplementation (Disability) - For absences covered by City-sponsored Short-Term or Long-Term Disability (e.g., paying 70% of base salary), employees may elect—but are not required—to use available accrued paid leave to supplement their insurance benefit up to 100% of standard base pay. If accrued leave is not used or is exhausted, City payroll will be adjusted to reflect only actual hours worked or paid leave used.
d. Initial Hire and Termination Weeks. Salary will be prorated based on actual days worked during an employee's initial or final week of employment.
e. Full-Week Absences. Salary is not paid for any full workweek in which an employee performs no work (e.g., full-week unpaid leaves of absence).
f. Public Service Offsets. Salary deductions are permitted to offset fees received by an employee for jury duty, witness appearances, or temporary military pay.
g. Disciplinary Suspensions. Unpaid disciplinary suspensions are permitted in full-day increments for infractions of written workplace conduct policies or safety rules, imposed in good faith.
h. Permitted by Law. Any other deduction authorized under state or federal law is permitted.
3. FLSA Safe Harbor and Complaint Procedure - The City prohibits improper deductions from the salaries of FLSA exempt employees. City policy and payroll procedures are intended to comply fully with the salary basis requirements of the FLSA and applicable state and federal laws. If an FLSA exempt employee believes that an improper deduction has been made from their salary, or if they have questions regarding the pay status, the employee should report the issue immediately by submitting a written complaint to the Human Resources Department specifying the pay period(s) and nature of the suspected improper deduction. The City will review the complaint, and if a reduction is found to be improper, it will be corrected and the City will take good-faith measures to prevent it from recurring.
CC. LEAP YEAR In fiscal years with 27 pay periods rather than the standard 26, additional compensation may be approved through the fiscal budget to maintain employees’ regular bi-weekly paycheck amounts.
DD. PAY ADVANCEMENTS
The City will not issue advances for unearned wages or permit the early release of paychecks for active employees.
EE. SEVERANCE PAY
1. Regular Employees - Regular status employees who have completed their orientation period and are laid off due to a reduction in force (through no fault of their own) will receive two (2) weeks of severance pay if they are separated immediately without a two-week notice. If a two-week notice is provided, no severance is paid.
2. Appointed Employees - Appointed employees who are dismissed without good cause - or are asked to resign or retire in lieu of dismissal - will receive severance pay equal to (90) ninety-working days pay. To receive this payment, the employee must sign a legal release of all claims against the City, coordinated through the City Attorney’s Office or designee. For employees aged 40 and older, this release must comply with federal requirements (such as the ADEA and OWBPA) to be valid, which include specific notice periods and the right to consult an attorney.
FF. WORK PERIOD & WORK DAY
1. General Workforce - The normal work period for employees is 40 hours in a 7-calendar-day period. The standard work period begins at 12:01 a.m. Sunday and ends at midnight the following Saturday.
2. Police Officers - The normal work period for police officers is 84 hours in a 14-calendar-day period pursuant to the FLSA Section 7(k) exemption. The work period begins at 12:01 a.m. Sunday and ends at midnight on the second Saturday of the period. For pay purposes, all hours worked are recorded and counted on the day the officer’s shift started. For example, if an officer’s 12-hour shift started at 5:00 p.m. on Monday, the officer records 12 hours on Monday even though the shift continued past midnight and into Tuesday.
GG. PAY DAY
Employees are paid every two weeks, on or before the Friday following the end of the pay period.
HH. APPROVING PAY CHANGES
A change in employee pay is made by the use of a Personnel Action Report (PAR). A PAR is not considered valid until it has approval by at least two authorized individuals. Global pay adjustments, such as COLA adjustments or those made in the fiscal budget, do not require the use of a PAR and may be documented by alternative means.
II. TIME REPORT (TIME CARD)
1. Employees and supervisors are responsible for accurate time reports. While the City primarily uses electronic timekeeping, employees should use paper time cards if the system fails. Off-the-clock work, clocking in/out for another employee, and falsification of records is prohibited.
2. Time is recorded in quarter-hour increments, rounded to the nearest quarter-hour (for example, 8:07 rounds to 8:00, and 8:08 rounds to 8:15). The exception is for FLSA exempt police officers whose time is recorded based on 8.4 hours per day.
3. Both supervisors and payroll administrators have the authority to make or correct time entries to ensure compliance with City policies or procedures. The electronic system keeps a record of edits. Employees and supervisors/authorized designees must approve time reports by 12:00 p.m. the Monday following the end of the pay period, unless the City publishes an alternate approval deadline on the official annual payroll schedule (i.e., due to a holiday closure) or gives other notice. Late approvals may result in a delay in payment. As needed, payroll administrators may approve time reports, or aspects of time reports, to expedite payroll processing.
JJ. DIRECT DEPOSIT
Direct deposit is a condition of employment and requires a completed authorization form prior to the first paycheck. In limited circumstances—such as initial onboarding, account changes, one-time payments, or situations in the City’s best interest—the City may issue a paper check.
KK. EMPLOYEE VERIFICATION OF PAYCHECK ACCURACY
Employees are responsible for reviewing their paystubs every pay period to ensure that hours, wages, benefit deductions, and tax withholdings (W-4 status) are accurate. Suspected errors must be reported to the Human Resources Department immediately. The City will promptly correct administrative or wage errors in accordance with applicable state and federal wage laws. The City is not liable for tax penalties, personal tax obligations, or financial losses resulting from an employee’s failure to verify their tax withholding status or payroll deductions.
LL. PAYMENTS UPON DEATH
Final wages and eligible leave payments will be paid to the employee's estate or other legally authorized recipient in accordance with applicable law and City records.
SECTION 10: PERFORMANCE REVIEWS (pdf.)
A. POLICY
Performance criteria are established for each full-time and part-time regular job. Seasonal employees may be given a performance review at the discretion of the department head/supervisor. Performance criteria may change as positions change and the official criteria may be obtained from the human resource office or by accessing the electronic performance evaluation system and clicking on “jobs.” Employees are evaluated at the
following time periods:
B. EMPLOYEE SUPPLEMENTAL STATEMENT
Employees may attach their own supplemental statement to the review.
C. RECORDS
Supervisors meet with the employee to discuss the review and to obtain the employee’s signature on the review. Employees sign the review to acknowledge receipt but not necessarily agreement. The completed Performance Review Form and any attachments, including any employee generated supplemental statement, are forwarded to the human resource department for inclusion in the employee’s personnel file.
A. POLICY
Performance criteria are established for each full-time and part-time regular job. Seasonal employees may be given a performance review at the discretion of the department head/supervisor. Performance criteria may change as positions change and the official criteria may be obtained from the human resource office or by accessing the electronic performance evaluation system and clicking on “jobs.” Employees are evaluated at the
following time periods:
1. Each employee completing his or her orientation period is evaluated at the completion of the orientation period or more frequently as deemed necessary by the department head/supervisor.
2. Employees should be evaluated at least once during a full year of service with Tooele City. They may also be evaluated at the department head/supervisor’s discretion, especially as some noteworthy incident occurs, either positive or negative that should be noted in the employee’s file for future reference.
3. Attempts should be made to evaluate an employee who changes jobs outside of a natural progression series (i.e. Equipment Operator I to Equipment Operator II) upon conclusion of the prior job.
B. EMPLOYEE SUPPLEMENTAL STATEMENT
Employees may attach their own supplemental statement to the review.
C. RECORDS
Supervisors meet with the employee to discuss the review and to obtain the employee’s signature on the review. Employees sign the review to acknowledge receipt but not necessarily agreement. The completed Performance Review Form and any attachments, including any employee generated supplemental statement, are forwarded to the human resource department for inclusion in the employee’s personnel file.
SECTION 12: INFORMATION TECHNOLOGY
A. PURPOSE
B. DEFINITIONS
As used in this Section, the following have the stated meanings:
C. PRIVACY & MONITORING
The City’s Computer Systems are provided for City business. Employees have no expectation of privacy when using City Computer Systems. The City may, at its discretion and as permitted or required by law, monitor, review, access, copy, or disclose information, data, files, and communications stored on or transmitted through City computer systems, whether related to City business or personal in nature, with or without notice or the employee’s consent. The City may take these actions as necessary to conduct City business, protect City systems and data, investigate suspected misconduct or security concerns, comply with legal or records requirements, or serve other legitimate City purposes.
D. HARDWARE, SOFTWARE, CLOUD-BASED SYSTEMS, AI, AND LICENSES
E. PASSWORDS, AUTHENTICATION, AND COMPUTER SYSTEMS SECURITY
F. LOST OR STOLEN DEVICE REQUIREMENTS
G. PERSONAL USE OF CITY COMPUTER SYSTEMS – PERMITTED & PROHIBITED
Tooele City’s Computer Systems are provided primarily for City business and generally may not be used for personal purposes. The City recognizes that limited, incidental personal use may occasionally occur during the workday and permits such use when it does not interfere with work responsibilities, violate City policy, or create a risk to City systems or information. Employees should not expect privacy when using City Computer Systems, including when engaging in permitted incidental personal use. Such use may be monitored, reviewed, accessed, copied, or disclosed by the City as provided in this Section and as permitted or required by law. Incidental personal use is not permitted for any of the following:
H. E-MAIL GUIDELINES & EXPECTATIONS
I. USE OF PERSONAL DEVICES (BYOD)
J. CITY WEBSITES
K. CITY USE OF SOCIAL MEDIA
L. EXCEPTION FOR LAW ENFORCEMENT AND LEGAL PURPOSES
Law enforcement personnel and legal personnel may engage in otherwise restricted social media activity when reasonably necessary for an authorized law enforcement, investigative, intelligence-gathering, prosecutorial, litigation, compliance, or legal purpose. Such activity requires advance supervisory approval.
M. EMPLOYEE PERSONAL USE OF SOCIAL MEDIA
N. STORAGE AND RETENTION OF ELECTRONIC RECORDS
O. THIRD-PARTY AND GUEST ACCESS
P. REPORTING VIOLATIONS
Employees are encouraged to promptly report suspected violations of this policy to their immediate supervisor. If the concern involves the employee’s supervisor, the employee may report it to the department head, the Human Resource Director, or the Mayor. Reports will be handled as confidentially as reasonably possible, consistent with the need to investigate and address the concern.
Q. PENALTIES
Violations of this Section may result in disciplinary action in accordance with Tooele City’s disciplinary policies, up to and including termination of employment, and may result in revocation of system access, civil liability, or criminal prosecution, as applicable.
A. PURPOSE
1. This Section establishes expectations for the appropriate and responsible use of the City’s Computer Systems and Information Technology. Employees are expected to use City Computer Systems and Information Technology resources in a manner that protects City data, supports City operations, promotes system security, and complies with applicable laws and regulations.
2. Technology and cybersecurity threats are constantly changing, so this Section cannot address every situation or type of technology that may arise. The City may establish, change, or temporarily suspend IT practices, procedures, restrictions, ore requirements as needed to address operation needs, new technology, security threats, system vulnerabilities, or other risks to City systems and data.
B. DEFINITIONS
As used in this Section, the following have the stated meanings:
1. Access to or accessing – Viewing, opening, or searching for, or otherwise interacting with electronic information or material whose content the employee knew or reasonably should have known the content of.
2. Bring Your Own Device (BYOD)/Personal Device – An employee-owned electronic device, used to access City systems or conduct City business including laptop, tablet, mobile phone, and similar device.
3. City Business – Activities, communications, transactions, or other matters conducted on behalf of or relating to the official business, operations, functions, or responsibilities of the City.
4. Computer Systems and Information Technology – Technology resources owned, leased, licensed, hosted, managed, or otherwise authorized by the City for City operations, including hardware, software, computers, mobile devices, networks, servers, storage devices, e-mail, Internet access, electronic records and communications, and cloud-based, hosted, remote, or third-party applications, platforms, and services used for City business.
5. Electronic Records – Records in electronic or digital form that are created, received, maintained, or used in connection with City business, regardless of where the records are stored or the device or system on which they are created or maintained. This may include e-mail, text messages, electronic files, photographs, social media content, and other electronic communications or data. Electronic records related to City business may be subject to City records management and retention requirements, including when they are created or maintained on an employee’s personal device.
6. Government Records Access and Management Act (GRAMA) - Utah’s law governing the management, classification, retention, and access to government records. GRAMA establishes what constitutes a government record and provides requirements and procedures for access to those records.
7. IT or IT Department – City staff members assigned to Information Technology (IT) Department or employees provided with duties in support of the City’s IT Department.
8. Social Media – Online platforms, applications, and services used to create, share, publish, or exchange information or content, including social networking sites, blogs, websites, forums, discussion boards, chat platforms, and similar services.
C. PRIVACY & MONITORING
The City’s Computer Systems are provided for City business. Employees have no expectation of privacy when using City Computer Systems. The City may, at its discretion and as permitted or required by law, monitor, review, access, copy, or disclose information, data, files, and communications stored on or transmitted through City computer systems, whether related to City business or personal in nature, with or without notice or the employee’s consent. The City may take these actions as necessary to conduct City business, protect City systems and data, investigate suspected misconduct or security concerns, comply with legal or records requirements, or serve other legitimate City purposes.
D. HARDWARE, SOFTWARE, CLOUD-BASED SYSTEMS, AI, AND LICENSES
1. Hardware. The City purchases and owns hardware used for City business, which is administered by the IT Department or its designee. Employees may not use or install hardware without approval from the IT Department. Requests for new hardware must be submitted through the IT Department for evaluation of compatibility, cost, security, and other considerations. Hardware purchases must comply with the City’s purchasing policies and procedures, and applicable IT Department requirements. The IT Department maintains an inventory of City hardware with a value of $500 or more. City hardware may be used, transferred, relocated, or removed only as authorized by the City or IT Department.
2. Software and Licenses. The City purchases and licenses software for use on City Computer Systems. Employees may not copy, transfer, share, loan, or otherwise use City software, licenses, or related documentation. Software may not be installed on City Computer Systems without appropriate approval from the IT Department. Requests for new software must be submitted through the IT Department for evaluation of compatibility, cost, security, licensing, and other considerations. Software purchases and licenses must comply with the City’s purchasing policies and procedures and applicable IT Department requirements.
3. Cloud-based Systems. Employees may use cloud-based services, storage platforms, and software services that have been reviewed and authorized by the IT Department. Approved cloud services are managed in accordance with City compatibility, security, operational, data management, records retention, and privacy requirements. Employees may not store, transmit, upload, or share confidential, sensitive, protected, or non-public City information through unauthorized cloud-based systems or personal accounts. The City may restrict, suspend, audit, or discontinue access to any cloud-based application or service as necessary to protect City systems and information or to meet legal requirements.
4. Artificial Intelligence (AI). Employees may use only artificial intelligence (AI) tools, applications, and services that have been reviewed and authorized by the IT Department. AI tools must be used in a manner that protects City information and complies with City policies, applicable law, records retention requirements, and cybersecurity standards. Employees may not enter confidential, sensitive, protected, or non-public City information into an unauthorized AI tool or use AI in a manner that creates a security, privacy, legal, or other risk to the City. The IT Department may maintain and update a list of approved AI tools and may restrict, suspend, or prohibit the use of any AI tools as necessary to protect the City systems and information. Employees remain responsible for reviewing and verifying AI-generated content before using or relying on it for City business.
E. PASSWORDS, AUTHENTICATION, AND COMPUTER SYSTEMS SECURITY
1. Protecting Credentials. Passwords, passcodes, multi-factor authentication (MFA), and other authentication credentials protect the City’s Computer Systems and information. Employees are responsible for keeping their City credentials secure and confidential and for taking reasonable steps to prevent unauthorized access to their accounts, devices, and City information.
2. Security Requirements. The IT Department may establish, implement, modify, and enforce password, authentication, and other security requirements necessary to protect City technology resources and information. These requirements may include password standards, password expiration, MFA, password management tools, device security, account access restrictions, and procedures for responding to compromised credentials or security incidents. Employees shall comply with all security requirements established by the IT Department. The IT Department may immediately implement or modify security requirements as necessary to address cybersecurity threats, changes in technology, or other security concerns.
3. Sharing Credentials. Employees shall not share passwords, passcodes, MFA codes, authentication credentials, or other account access information with another person, including coworkers, vendors, contractors, or other third parties, except through a procedure specifically authorized by the IT Department. Employees shall not approve or respond to an MFA request that they did not initiate.
4. Cybersecurity Threats. Employees are expected to use reasonable caution when responding to e-mail, messages, links, attachments, MFA requests, and other communications that may present a cybersecurity risk. Employees shall immediately notify the IT Department if they suspect that a password, account, device, or other City information or technology resource has been compromised.
F. LOST OR STOLEN DEVICE REQUIREMENTS
1. Reporting Requirements. Employees shall immediately report the loss, theft, or suspected loss or theft of any City-owned device or any personal device used to access City Computer Systems or conduct City business to the IT Department and their supervisor. Employees shall report the incident as soon as reasonably possible and should not wait until the next workday.
2. Security Measures. Employees shall cooperate with the IT Department in taking reasonable steps to protect City systems and information following the loss or theft of a device. The IT Department may remotely lock, disable, locate, or erase a device; reset passwords or authentication credentials; suspend or terminate access; or take other security measures necessary to protect City systems and information.
3. Personal Devices. When a personal device is used for City business, employees are responsible for promptly reporting its loss or theft when City systems, accounts, or information may be accessed through the device. The City will take reasonable steps to limit security measures or requests for information to City business and City information.
4. Employee Responsibility. Employees shall not attempt to bypass, disable, or interfere with security measures implemented by the City in response to a lost or stolen device and shall follow any instructions provided by the IT Department to secure City systems and information.
G. PERSONAL USE OF CITY COMPUTER SYSTEMS – PERMITTED & PROHIBITED
Tooele City’s Computer Systems are provided primarily for City business and generally may not be used for personal purposes. The City recognizes that limited, incidental personal use may occasionally occur during the workday and permits such use when it does not interfere with work responsibilities, violate City policy, or create a risk to City systems or information. Employees should not expect privacy when using City Computer Systems, including when engaging in permitted incidental personal use. Such use may be monitored, reviewed, accessed, copied, or disclosed by the City as provided in this Section and as permitted or required by law. Incidental personal use is not permitted for any of the following:
1. Unlawful activity
2. Gambling
3. Offensive/discriminatory/pornographic/sexually explicit material
4. Political or religious advocacy unrelated to City business
5. Personal commercial/business activity
6. Unauthorized software/downloads
7. Anything that creates a security risk
8. Excessive personal use or activities that interfere with work
9. Use by family or non-City employees
10. Any other use that may compromise the integrity of the City Computer Systems
11. Any use violating law or City policy
H. E-MAIL GUIDELINES & EXPECTATIONS
1. Business Use and Security. Employees shall use electronic mail (e-mail) professionally and with the same level of care expected of other City business communication. E-mail messages may constitute government records and may be subject to retention, disclosure, or other requirements under applicable law. Employees should use caution when sending information through e-mail because messages may be forwarded, copied, intercepted, or viewed by unintended recipients, particularly when sent outside the City’s network. Passwords, MFA codes, or other authentication information shall not be transmitted through e-mail.
2. Phishing and Malicious Content. Employees shall use caution when opening e-mail, attachments, links, or other electronic content. Suspicious messages may contain phishing attempts, malicious software, fraudulent requests, or other threats to City systems and information. Employees should not open suspicious attachments, click unknown or unexpected links, or provide credentials or other sensitive information in response to an unsolicited message. Suspected phishing or other suspicious e-mail should be reported to the IT Department.
3. E-mail Signatures. Employees shall use the e-mail signature format established by the City.
I. USE OF PERSONAL DEVICES (BYOD)
1. Authorization. Employees may use personal electronic devices to conduct City business only when authorized by their department and in accordance with requirements established by the IT Department. Department approval alone does not authorize a personal device to connect to City Computer Systems or access City accounts, applications, or information. The IT Department may establish minimum security, compatibility, and configuration requirements for personal devices used for City business.
2. Security Requirements. Employees who use a personal device for City business are responsible for maintaining the device in accordance with applicable IT security and BYOD requirements. Employees shall take reasonable steps to protect City information accessed or stored on the device and shall promptly report the loss or theft of a personal device when City systems, accounts, or information may be accessed through the device.
3. IT Support. Employees are responsible for the operation, maintenance, security, and functionality of their personal devices. The IT Department may provide limited assistance when necessary to enable an employee to perform City business, but such assistance is provided at the employee’s request and within the IT Department’s capabilities. The IT Department is not responsible for maintaining, repairing, configuring, or supporting a personal device for non-City purposes.
4. Risk of Data Loss. IT assistance with a personal device may require changes to the device, including security settings, applications, configurations, or access controls, and may result in the loss or alteration of personal data. Employees are responsible for backing up and protecting personal information stored on their devices before requesting or allowing IT assistance. The City is not responsible for loss of personal data resulting from IT assistance or actions taken to protect City systems or information.
5. City Records and Legal Obligations. Employees should understand that information related to City business stored or communicated on a personal device may be subject to applicable records retention, public records, litigation, audit, investigation, or other legal requirements. When necessary to comply with those requirements, the City may require employees to provide access to or copies of City-related information maintained on a personal device and, in appropriate circumstances, may require the device to be made available for examination or other lawful purposes. The City will make reasonable efforts to limit such requests to information related to City business. The City is not responsible for providing a replacement device when a personal device must be made available for these purposes.
6. Separation of Personal and City Information. Employees using personal devices for City business are responsible for keeping City information appropriately secured and, when reasonably possible, separated from personal information. Employees shall not use personal accounts or unauthorized applications or storage services to store or transmit City information.
7. Records Retention. City records created, received, or maintained on a personal device while conducting City business remain subject to applicable records retention and public records requirements, including the Government Records Access and Management Act (GRAMA). Employees are responsible for complying with City records retention requirements when using a personal device for City business. See Section N, Electronic Records and Records Retention, for additional requirements.
J. CITY WEBSITES
1. City websites and official webpages are provided to communicate with the public, provide access to government information and services, and promote authorized City programs, events, and activities. The Mayor has final authority over official City websites, including their content, appearance, and use. Only employees designated by the City as website administrators or authorized content managers may create, modify, or post content to City websites.
2. Content posted or maintained on City websites must comply with applicable law and City policies and support legitimate City purposes. City websites may not be used for unauthorized classified ads, political advocacy, or endorsements or opposition related to social issues, causes, or religions. Commercial advertising is permitted only when it relates to a legitimate public interest, City-sponsored program, community partnership, economic development effort, or other authorized City activity.
K. CITY USE OF SOCIAL MEDIA
1. Official City social media accounts may be used to communicate with the public, promote City programs and services, provide public information, and share time-sensitive or emergency information. The Mayor may establish and enforce policies, procedures, and standards governing the creation, management, security, retention, and use of official City social media accounts.
2. Only employees authorized by the City may create, manage, access, or post content on behalf of the City through official social media accounts. Employees shall use social media professionally, for authorized governmental purposes, and in compliance with applicable law and City policies.
3. The City may monitor, restrict, remove, retain, or archive content or user interactions as permitted or required by law or City policy, including to address security concerns, public records requirements, violations of City policy, or content that is inconsistent with the purpose of the account. City social media accounts, including their usernames, passwords, administrative access, content, and related data, remain under the control of the City.
L. EXCEPTION FOR LAW ENFORCEMENT AND LEGAL PURPOSES
Law enforcement personnel and legal personnel may engage in otherwise restricted social media activity when reasonably necessary for an authorized law enforcement, investigative, intelligence-gathering, prosecutorial, litigation, compliance, or legal purpose. Such activity requires advance supervisory approval.
M. EMPLOYEE PERSONAL USE OF SOCIAL MEDIA
1. Employees may use social media for personal purposes and are generally responsible for their personal social media activity. Personal use of social media does not, by itself, constitute City business or an official statement of the City. Employees may not, however, use personal social media to disclose confidential, protected, or non-public City information, represent that they are speaking on behalf of the City without authorization, or otherwise violate an applicable City policy or law.
2. Employees should exercise care when personal social media content identifies them as a City employee or includes a City uniform, badge, logo, vehicle, facility, equipment, or other City property. Such use shall not imply that the City endorses, sponsors, or supports the employee’s personal views, activities, products, services, organizations, or causes. Employees may not use their City position, uniform, or City property for personal or political purposes when prohibited by law or City policy.
3. Employees are expected to comply with applicable City policies concerning confidentiality, workplace conduct, harassment, discrimination, and professionalism when their social media activity implicates those policies. Nothing in this Section is intended to prohibit lawful personal expression or to require employees to refrain from identifying themselves as City employees on personal social media.
N. STORAGE AND RETENTION OF ELECTRONIC RECORDS
1. Records Retention. Electronic records are subject to the same records retention requirements as records in other formats. Employees shall retain and dispose of electronic records in accordance with the City’s applicable records retention schedules and policies. Employees should consult their department’s retention requirements or the City’s Records Officer when they are unsure how long a record must be retained.
2. City Records on Personal Devices. City records created, received, or maintained on a personal device or account while conducting City business remain subject to applicable records retention and public records requirements, including the Government Records Access and Management Act (GRAMA). Employees may not delete, alter, or destroy a City record outside of the applicable retention requirements.
3. Cloud Storage and Services. Employees may use only cloud-based storage services and applications that have been approved by the IT Department for City business. Employees shall not store City information, particularly confidential, sensitive, protected, or non-public information, in personal cloud storage or other unauthorized services. Cloud services used for City business must meet applicable City security, privacy, and records management requirements.
4. E-mail and Electronic Communications. Employees are responsible for retaining e-mail and other electronic communications that constitute City records in accordance with the applicable retention schedule. Not all electronic communications are City records, and routine, transitory, personal, or non-substantive communications may be deleted when they are no longer needed and are not subject to a retention, litigation, audit, investigation, or other legal requirement.
5. Deleted and Backed-Up Records. Deleting an electronic record does not necessarily remove all copies of the record from City systems or backups. Employees shall not rely on system backups or deleted-item folders to satisfy records retention requirements and shall not intentionally delete or destroy records that are required to be retained.
6. GRAMA Requests and Legal Holds. Electronic records that are subject to a GRAMA request, litigation hold, audit, investigation, or other legal requirement must be preserved and managed in accordance with applicable law and City procedures. Employees shall not delete, alter, or destroy potentially responsive records after receiving notice of such a requirement.
O. THIRD-PARTY AND GUEST ACCESS
1. Authorized Access. Vendors, contractors, consultants, and other third parties may be given limited access to City Computer Systems when necessary for authorized City business and approved in accordance with City procedures. Access shall be limited to the systems, information, and duration necessary to perform the authorized work. Third parties with access to City systems shall comply with applicable City security, confidentiality, technology, and acceptable use requirements.
2. Department Responsibility. The department responsible for the vendor, contractor, or other third-party shall ensure that access is authorized, limited to the appropriate scope, and removed when it is no longer needed. The department shall maintain a record of third parties authorized to access City Computer Systems and provide that information to the IT Department or other City officials upon request.
3. Guest Access. Guests and vendors who need Internet access may use City-approved guest networks or services. Guest access does not provide access to secured City networks, systems, applications, or non-public City information unless specifically authorized.
4. IT Oversight. The IT Department may establish access requirements and may restrict, monitor, suspend, or terminate third-party access at any time to protect City systems and information or address security concerns.
P. REPORTING VIOLATIONS
Employees are encouraged to promptly report suspected violations of this policy to their immediate supervisor. If the concern involves the employee’s supervisor, the employee may report it to the department head, the Human Resource Director, or the Mayor. Reports will be handled as confidentially as reasonably possible, consistent with the need to investigate and address the concern.
Q. PENALTIES
Violations of this Section may result in disciplinary action in accordance with Tooele City’s disciplinary policies, up to and including termination of employment, and may result in revocation of system access, civil liability, or criminal prosecution, as applicable.
A. PURPOSE
Normal day-to-day discussions between an employee and a supervisor regarding working conditions and employment-related matters are the most constructive and expeditious means of developing and enhancing favorable and effective work relationships. Tooele City encourages employees and supervisors to attempt resolution of a situation by using informal problem-solving techniques before filing a grievance pursuant to this Section.
This Section outlines the policy and procedures to be used if an employee declines to use informal means to resolve certain eligible grievances, or has done so but the concern was not resolved to the employee’s satisfaction.
1. The following may be grieved pursuant to this Section:
a. Issues of violation of law, committed by the City that adversely affects the grieving employee. This includes, but is not limited to, issues of illegal discrimination, illegal pay practices, illegal retaliation, etc.;
b. Issues of differences of interpretation or violations of the policies and procedures set forth in this Manual, committed by the City, that adversely affect the grieving employee;
c. Regular status employees, as defined in Section 4 herein this Manual, may also grieve an adverse employment action that affects him/her if the adverse action occurred after the employee successfully completed his/her orientation period. Adverse employment actions are defined as:
1) Involuntary separation/dismissal;
2) Written reprimand;
3) Suspension without pay;
4) Involuntary transfer to a position of less remuneration. “Less remuneration” is defined as a reduction in the employee’s current hourly equivalent rate of pay and does not include any premium pay, differential pay, or overtime pay. Movement to a lower salary grade or red-circle pay status does not constitute less remuneration for purposes of this Section;
5) Involuntary demotion to a position of less remuneration; or,
6) For purposes of this Manual, a Significant Incident Record (SIR), verbal warning, or a written corrective action plan, in and of itself, is not considered an adverse employment action.
d. Appointed employees may grieve their involuntary separation or dismissal pursuant to Section 2-10 of the Tooele City Charter, as amended.
2. The grievance procedure is as follows:
a. STAGE 1 –
Filing Procedure. An employee may initiate a formal grievance by submitting Tooele City’s Statement of Grievance Form, to the Stage 1 supervisor within 20 working days after the act or occurrence or the date the employee became aware of the act or occurrence that caused the employee to be aggrieved. In an extenuating circumstance, the Stage 1 supervisor may consider a grievance received after the deadline if extenuating circumstances exist except that, for purposes of this Section, an employee may not grieve matters that occurred more than one year prior.
The Stage 1 supervisor is the first supervisor within the Department who has authority over the matter at issue. This is usually the supervisor who made the decision or committed the act or omission about which the employee is grieving. Examples:
-
- Disciplinary action is initiated by the employee’s immediate supervisor; the immediate supervisor is the Stage 1 supervisor.
-
- Disciplinary action is initiated by the employees’ department head (not the supervisor); the department head is the Stage 1 supervisor.
-
- A department head is believed to have violated a policy set forth in the Manual that adversely affected the grieving employee; the department head is the Stage 1 supervisor.
Decision. As soon as possible, but no later than 15 working days after receipt of the grievance, the Stage 1 supervisor must inform the employee in writing of the decision and the reasons therefore. This time limit may be extended for good cause, provided the Stage 1 supervisor, or in the absence
of the Stage 1 supervisor a higher stage supervisor, advises the employee that the decision will be delayed and the expected date of the decision.
Failure to Issue Timely Decision: If the Stage 1 supervisor fails to issue a decision within the applicable time limits and the employee has not been notified of a need for extension, the employee may, at his or her option, proceed directly to Stage 2 within 15 working days of the expiration of the
time limit.
b. STAGE 2 –
Filing Procedure. If the Stage 1 supervisor does not resolve the matter to the grieving employee’s satisfaction, the employee may request further consideration of the grievance by submitting Tooele City’s Statement of Grievance Form, to his/her Stage 2 supervisor, if one so exists, within 15 working days. The Stage 2 supervisor is the individual who has supervision over the Stage 1 supervisor. This may be a Lieutenant, Captain, Department Head, or the Mayor, for example.
Decision. As soon as possible, but no later than 15 working days after receipt of the grievance, the Stage 2 supervisor must inform the employee in writing of the decision and the reasons therefore. This time limit may be extended for good cause, provided the Stage 2 supervisor or, in the absence
of the Stage 2 supervisor, a higher-level supervisor, advises the employee that the decision will be delayed and the expected date of the decision.
Failure to Issue Timely Decision. If the Stage 2 supervisor fails to issue a decision within the applicable time limits, the employee may, at his or her option, proceed directly to Stage 3 within 15 working days of the expiration of the time limit.
c. STAGE 3a, 3b, etc.
Filing Procedure. An employee may request that the grievance be reviewed by a higher-level supervisor, if one so exists, by following the Stage 2 procedure for each consecutive supervisor, up to the Mayor, and replacing the terms “Stage 2 supervisor” with “Stage 3a supervisor, Stage 3b
supervisor, etc.”
Examples:
| Police Sergeant has authority over the matter at issue | Police Lieutenant made the decision and Sergeant does not have authority over the matter at issue | Police Sergeant has authority over the matter at issue. No Captain exists at the time. | Supervisor has authority over the matter at issue | Department Head made the decision and Supervisor does not have authority over the matter at issue | Mayor made the decision and Department Head does not have authority over the matter at issue | |
| Stage 1 | Police Sergeant |
Police Lieutenant | Police Sergeant |
Supervisor | Department Head | Mayor |
| Stage 2 | Police Lieutenant | Police Captain | Police Lieutenant | Department Head | Mayor | |
| Stage 3a | Police Captain |
Chief of Police |
Chief of Police |
Mayor | ||
| Stage 3b | Chief of Police |
Mayor | Mayor | |||
| Stage 3c | Mayor | |||||
| Appeal Board |
Some matters at issue may be appealed to the Appeal Board as described herein this Section. | |||||
d. Alternative Procedure for Discrimination Complaints. Employees may file a discrimination complaint through this Grievance procedure; or, if it is alleged that the discrimination is being conducted by an individual to whom the complaint would be filed, the employee may choose to file a complaint directly with the Director of Human Resources, City Attorney, or the Mayor by submitting Tooele City’s Statement of Grievance Form or by other written or verbal notification. In such cases, the complaint will be reviewed to determine if further investigation is either warranted or needed. Tooele City’s desire is to review such complaints expeditiously but the time periods
will vary based on the nature and complexity of the complaint.
e. Alternative Procedure for Harassment or Retaliation Complaints.
Employees may file a complaint of harassment or retaliation pursuant to this Section or pursuant to Section 16: No-Harassment & No-Retaliation. In such cases, the complaint will be reviewed to determine if further investigation is either warranted or needed. Tooele City’s desire is to review
such complaints expeditiously but the time periods will vary based on the nature and complexity of the complaint and the procedure will be as specified in that Section.
C. APPEAL BOARD1. Regular status employees who have completed their orientation period may appeal the following to the Appeal Board:
a. After exhausting the formal grievance procedural steps identified in part B above:
1) Involuntary separation (i.e. termination or dismissal);
2) Suspension without pay for more than two days;
3) Involuntary transfer from one position to another with less remuneration;
4) Involuntary demotion to a position of less remuneration; or
b. Any adverse employment action if the Mayor failed to render a decision in accordance with part B above.
2. The Appeal Board will conduct its hearings in accordance with the procedures set forth in the Tooele City Code.
3. Appeals to the Appeal Board must be submitted on Tooele City’s Statement of Grievance Form, and received by the City Recorder’s Office within ten (10) working days after receiving the Mayor’s decision or after the Mayor’s decision should’ve been received. The City Recorder will promptly refer a copy of the appeal to the Appeal Board members. Upon receipt of the appeal, the Appeal Board will have up to twenty (20) working days to schedule a hearing.
4. Appealing employees have the right to appear before the Appeal Board in person, to be represented by legal counsel, to present their own witnesses and evidence, to have a public hearing, to confront the witnesses whose testimony is to be considered, and to examine the evidence to be considered by the Appeal Board. Appealing employees do not have the right to require the City to compel the attendance of witnesses not under the City’s direct control.
5. The defending City representative has the right to appear before the Appeal Board in person, to be represented by counsel, to present their own witnesses and evidence, to confront the witnesses whose testimony is to be considered, and to examine the evidence to be considered by the Appeal Board.
4. Appealing employees have the right to appear before the Appeal Board in person, to be represented by legal counsel, to present their own witnesses and evidence, to have a public hearing, to confront the witnesses whose testimony is to be considered, and to examine the evidence to be considered by the Appeal Board. Appealing employees do not have the right to require the City to compel the attendance of witnesses not under the City’s direct control.
5. The defending City representative has the right to appear before the Appeal Board in person, to be represented by counsel, to present their own witnesses and evidence, to confront the witnesses whose testimony is to be considered, and to examine the evidence to be considered by the Appeal Board.
6. The Appeal Board may determine the following:
a. Whether the appealing employee was afforded adequate due process;
b. Whether the adverse employment action was lawful;
c. Whether the adverse employment action was supported by substantial evidence; and,
d. Whether applicable, established Tooele City Policies and Procedures were substantially followed.
7. The Appeal Board may not decide an appeal based upon an interpretation of law or policy different from that of managers, override or modify policy previously approved by the City Council by ordinance, override or modify duly enacted laws or regulations, or render findings based on superseded laws, policies, procedures, or practices.
8. Each decision of the Appeal Board is by secret ballot. The Appeal Board will communicate to the City Recorder the results of the vote within five (5) working days from the date the appeal hearing. For good cause, the Appeal Board may extend the 5-day period to fifteen (15) working days. The City Recorder, in turn, will communicate the decision to the appealing employee and to the Mayor.
9. If the Appeal Board finds in favor, in full or in part, of the appealing employee, the Appeal Board must provide that the employee receives:
a. The employee’s salary for the period of time during which the employee is discharged or suspended without pay;
b. Any deficiency in salary for the period during which the employee was transferred or demoted to a position of less remuneration; and,
c. May provide that any reinstatement of salary be offset by any compensation the employee received from other sources such as unemployment, disability, or other employment during the pendency of the appeal. Insurance reinstatement is under the control of the respective insurer and reinstatement may still result in the employee being subject to re-hire status, pre-existing
condition clauses, etc.
10. The Appeal Board will deliver to the City Recorder written findings supporting the majority vote.
11. The City Recorder will keep a record of the appeal and the appeal proceedings. This record will include, among other things,
a. The marked ballots;
b. The findings;
c. Any recording of the appeal proceedings; and,
d. All evidence and materials submitted to the Board by the City and by the appealing employee.
D. COURT OF APPEALSThe result of the Appeal Board’s secret ballot vote may be appealed by either the City or the appealing employee to the Utah Court of Appeals by filing with that Court a Notice of Appeal pursuant to U.C.A. §10-3-1106 (1953), as amended. In the event an appeal is filed with the Court of Appeals, the decision of the Appeal Board, including payment of back wages, will be automatically stayed from the date of the Appeal Board’s vote until a ruling has been rendered by the Court of Appeals.
E. COSTS
Each party pays its own costs and legal fees associated with any grievance or appeal.
F. NOTIFICATION WHEN EMPLOYEE IS NOT AVAILABE FOR HAND DELIVERY
For purposes of this Section, if an individual is not available for hand delivery of a notice or other communications, Tooele City may deem that respective communications were received on the date that the notice was sent to the e-mail address or three days after the notice was mailed by US Postal Service. Notice to any agent acting on behalf of or representing the employee, as listed on the submitted Tooele City Statement of Grievance Form or through other legal notice, will be deemed to be notice to the employee.
SECTION 14: OUTSIDE EMPLOYMENT (.pdf)
A. POLICY
1. Employees may engage in employment outside of their City work hours if such employment:
a. Does not interfere with the proper and effective performance of their official duties or adversely affect their independence of judgment in the exercise of those duties;
b. Does not have the potential to impair physical and mental capability of the employee to perform their official duties nor have the potential to create a safety risk (such as insufficient sleep, etc.); and,
c. Does not present actual or potential conflict of interest for the employee or Tooele City.
2. Employee must give priority to their employment with Tooele City.
3. The Police Department Policies & Procedures Manual may provide additional information regarding outside employment of sworn law enforcement officers.
B. DEFINITIONS
For purposes of Section, “outside employment & employed/employment” means the receipt of wages, compensation or other consideration of value from another employer, organization, or individual other than Tooele City for services, product(s) or benefits rendered. It also includes those employees who are self-employed, and/or have a substantial interest or ownership in a business. This does not include volunteer services.
C. DISCLOSURE REQUIREMENTS
The Utah Municipal Officers’ and Employees’ Ethics Act, as amended, requires public officials and employees of the municipality to make certain disclosures both prior to and annually thereafter certain actions. Outside employment, in some circumstances, falls under this requirement. (See Section 0: Ethics & Conflicts of Interest herein this Manual)
To comply with State Code and ensure compliance with Tooele City’s Outside Employment policy, employees considering or engaged in outside employment shall complete and submit to their department head the Outside Employment Disclosure Form which provides certification that the outside employment complies with State Code and this policy.
Employees shall submit a new Disclosure if the circumstances relevant to the original disclosure change.
D. DENIAL OR REVOKATION OF PRIOR APPROVAL
In the event Tooele City determines that outside employment does not comply with State Code or this policy, a statement of the reason and/or notice of policy violation shall be given to the employee.
Tooele City reserves the right to revoke any previous approval at any time. Notice of revocation shall be provided to the employee in writing with an explanation.
E. WORKING OUTSIDE EMPLOYMENT WHILE ABSENT FROM TOOELE CITY
Employees should reference appropriate policies regarding paid leave benefits to determine any limitation on use of paid leave benefits while working outside employment.
SECTION 15: POLITICAL ACTIVITY (pdf.)
A. VOLUNTARY PARTICIPATION IN POLITICAL ACTIVITY
City employees may voluntarily participate in political activity subject to the following:
Nothing contained herein may be construed to preclude voluntary contributions by an employee to the party or candidate of the employee=s choice, or permit partisan political activity by any employee who is prevented or restricted from engaging in the political activity by the provisions of the federal Hatch Act.
A. VOLUNTARY PARTICIPATION IN POLITICAL ACTIVITY
City employees may voluntarily participate in political activity subject to the following:
1. An employee may not hold an elected Tooele City political office while employed by Tooele City.
2. An employee who is elected to any partisan or full-time nonpartisan political office shall be granted a leave of absence without pay for times when monetary compensation is received for service in the political office.
3. An employee may not engage in any political activity during the hours of employment, nor may any person solicit political contributions from employees of the executive branch during hours of employment for political purposes.
4. Partisan political activity may not be a basis for employment, promotion, demotion, or dismissal.
B. POLITICAL SUPPORTNothing contained herein may be construed to preclude voluntary contributions by an employee to the party or candidate of the employee=s choice, or permit partisan political activity by any employee who is prevented or restricted from engaging in the political activity by the provisions of the federal Hatch Act.
SECTION 16: NO HARASSMENT & NO RETALIATION (pdf.)(Sexual Harassment, Discriminatory Harassment, Workplace Violence, & Retaliation)
A. PURPOSE
This Section:
For purposes of this Section, Tooele City defines harassment as follows:
In general, retaliation is conduct that dissuades an employee from exercising his/her legally protected rights. Retaliation may consist of, but is not limited to, actions such as taking adverse action against an employee because he/she has: (1) opposed employment discrimination or harassment (2) participated in investigative proceedings such as conducting, testifying, assisting, or participating in any manner; or (3) engaged in legally
protected “whistle blowing” activities such as communicating, in good faith, allegations of waste, misuse of public funds, property, or labor (see Utah Code 67-21-1 known as the “Utah Protection of Public Employees Act”), or reporting violations of health, safety, or environmental standards; or (4) otherwise asserted rights under laws or policy. Conduct may be retaliation regardless of whether it occurred on- or off-duty, in or outside of the workplace, or whether a victim is employed or separated from the City.
In the context of retaliation, examples of adverse actions include, but are not limited to:
1. Management plays a key role in helping to achieve a workplace culture that is free from harassment or retaliation. Disciplinary action, up to and including dismissal, may result if a manager engages in harassing behavior, condones such behavior, neglects to take appropriate measures to prevent or stop such behavior, neglects to properly report such behavior (whether observed first-hand, suspected, or reported), neglects to take appropriate corrective or disciplinary action against offenders, or retaliates against a person in violation of this Section.
3. Formal Investigation
H. RECORDS
A. PURPOSE
This Section:
1. Establishes and communicates Tooele City’s no-harassment and no-retaliation policy;
2. Gives employees examples of conduct that is inappropriate;
3. Informs employees of the avenues available to address or report harassment or retaliation including the City’s internal reporting and complaint procedures;
4. Communicates employee and management responsibilities; and,
5. Communicates the City’s procedural guidelines used to review and investigate reported violations of this Section and/or complaints.
B. POLICY SUMMARIZED1. Employees may not engage in unwelcome verbal or physical conduct based on sex, race, color, religion, national origin, age, disability, pregnancy, genetics, gender identity, sexual orientation, and/or any other legally protected status under state or federal law.
2. Employees may not engage in conduct that creates or has the potential to create a violent workplace.
3. Employees may not be retaliated against for engaging in a legally protected activity.
4. Employees may, but are not required to, speak with any individual engaging in offensive conduct and ask that it stop immediately. If any employee chooses not to do so, or has done so but the conduct continues, employees have a duty to promptly report it to management, regardless of whether the harassment was committed by a manager, elected official, coworker, customer, vendor, or anyone else with whom the employee had contact as a result of his/her employment with Tooele City and whether
or not the conduct occurred in or outside the workplace.
5. Employees who violate this Section may be subject to disciplinary action, consistent with Tooele City’s disciplinary policy, up to and including dismissal from employment.
C. TYPES OF HARASSMENT & CITY’S EXPECTATIONSFor purposes of this Section, Tooele City defines harassment as follows:
1. Sexual Harassment.
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when: (1)(a) submission to such conduct is made either explicitly or implicitly as a term or condition of employment; or (b) submission to or rejection of such conduct is used as the basis for employment decisions affecting an individual (i.e. “quid-pro-quo” harassment), or (2)(a) such conduct is severe or pervasive; and (b) has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, offensive, or hostile work environment (i.e. “hostile work environment” harassment).
Examples of inappropriate conduct include, but are not limited to:
Conduct that disparages an individual based on their protected characteristic of race, ethnicity, color, religion, gender, marital status, pregnancy, national origin, age, disability, veteran status, gender identity, sexual orientation, or any other legally protected characteristic constitutes harassment when it is: (1) unwelcome; (2) creates an intimidating, hostile, or offensive work environment; and (3) is sufficiently severe or pervasive as to alter the terms and conditions of employment in the mind of the victim and from the perspective of a reasonable person in the victim’s position.
Some examples of inappropriate conduct include, but are not limited to:
Violence can include more than inflicting physical harm to others or self. Violent behavior also consists of threats of harm to others and acts of aggression. Such behavior constitutes prohibited harassment if it is: (1) unwelcome; (2) creates an intimidating, hostile, or offensive work environment; and (3) is sufficiently severe or pervasive as to alter the terms and conditions of employment in the mind of the victim and from the perspective of a reasonable person in the victim’s position.
Examples of inappropriate conduct include, but are not limited to:
For purposes of this Section, the following generally does not constitute harassment for purposes of this Section:
D. RETALIATION- Sexual comments or innuendos; adult-oriented language, turning work discussions to sexual topics; sexual or “dirty” jokes or stories; innuendos of a sexual nature including rumors of a sexual nature or gossip about sexual matters; asking about sexual fantasies, preferences, or history;
- Whistling at someone or making “cat calls,” kissing sounds, howling, and smacking lips; massaging others in the workplace or other physical contact that may be viewed as intimate;
- Unwelcome sexual advances; looking a person up and down (elevator eyes), staring at someone; blocking a person’s path, or refusing to let a person leave a room;
- Engaging in sexual harassment outside of work with a co-worker;
- Obscene, sexual, or pornographic photos, images, telephone calls, e-mails, electronic communications, letters, notes, or other objects; pornography or sex objects/toys;
- Demanding/requesting sexual favors or actions in exchange for favorable employment conditions or treatment or for continued employment;
- Posting sexual material about other employees on social networking or other electronic mediums; or,
- Illegal activity such as sexual assault, rape, lewdness, or groping; unwelcome physical contact such as touching, patting, pinching, or brushing against another’s body.
Conduct that disparages an individual based on their protected characteristic of race, ethnicity, color, religion, gender, marital status, pregnancy, national origin, age, disability, veteran status, gender identity, sexual orientation, or any other legally protected characteristic constitutes harassment when it is: (1) unwelcome; (2) creates an intimidating, hostile, or offensive work environment; and (3) is sufficiently severe or pervasive as to alter the terms and conditions of employment in the mind of the victim and from the perspective of a reasonable person in the victim’s position.
Some examples of inappropriate conduct include, but are not limited to:
- Derogatory or offensive comments, gestures, innuendos, jokes, or actions based on a protected characteristic, such as: racial slurs, jokes, stereotypes, mimicking the way someone speaks or moves;
- Mocking, mimicking, or otherwise making offensive or derogatory sounds or put–downs based on a protected characteristic;
- Targeting an individual because he/she chooses to practice a specific religion, mocking another’s religious beliefs;
- Telephone calls, e-mails, electronic communications, letters, notes, photos, or other objects that are offensive and based on a protected characteristic;
- Continuing to express religious or moral beliefs and commitments in the workplace (including preach, proselytize, or direct other forms of religious solicitation and expression) in an unreasonable, disruptive, or harassing way such as continuing solicitation and expressions to another employee after being asked to not do so or when the expression is in direct conflict with the essential business-related interests of the employer such as derogatory comments about a particular religious segment of the community the employee serves; or
- Accessing websites that are offensive, discriminatory, and based on a protected characteristic.
Violence can include more than inflicting physical harm to others or self. Violent behavior also consists of threats of harm to others and acts of aggression. Such behavior constitutes prohibited harassment if it is: (1) unwelcome; (2) creates an intimidating, hostile, or offensive work environment; and (3) is sufficiently severe or pervasive as to alter the terms and conditions of employment in the mind of the victim and from the perspective of a reasonable person in the victim’s position.
Examples of inappropriate conduct include, but are not limited to:
- Threatening statements, telephone calls, letters, or other communications including threats made by electronic devices or mediums including social media;
- Vandalism of personal or City property;
- Assaults on employees or their families or pets;
- Direct or implied threats of physical harm to an employee or someone the employee cares about;
- Pushing, fighting, shoving, or touching in an angry, aggressive, or threatening manner;
- Violence or retaliation toward an employee;
- Following or stalking an employee;
- In an intimidating manner, carrying, showing, or displaying dangerous weapons, except for police officers using such devices in performance of their duties or in necessary self-defense.
For purposes of this Section, the following generally does not constitute harassment for purposes of this Section:
- Although unprofessional for the workplace and may be addressed as a performance or other workplace conduct matter:
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- The occasional use of swear words or language that is characterized as merely rude, unprofessional, or unpleasant;
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- General workplace disagreements, boorish conduct, juvenile conduct, personality differences, or verbal “butting of heads”; or,
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- The incidental rising of voices during workplace discussions or disagreements.
- Bona fide changes in the workplace even though the employee objects;
- Expressing religious or moral beliefs and commitments in a reasonable, non-disruptive, and non-harassing way, unless the expression is in direct conflict with the City’s essential business-related interests
- Bona fide requests or demands by a supervisor that the employee improve performance, change methods of performing work, comply with City or department policies, procedures, rules, or regulations,
- Acts or omission based on occupational qualifications under the law, e.g., a peace officer making a lawful arrest or brandishing a weapon in official police capacity.
In general, retaliation is conduct that dissuades an employee from exercising his/her legally protected rights. Retaliation may consist of, but is not limited to, actions such as taking adverse action against an employee because he/she has: (1) opposed employment discrimination or harassment (2) participated in investigative proceedings such as conducting, testifying, assisting, or participating in any manner; or (3) engaged in legally
protected “whistle blowing” activities such as communicating, in good faith, allegations of waste, misuse of public funds, property, or labor (see Utah Code 67-21-1 known as the “Utah Protection of Public Employees Act”), or reporting violations of health, safety, or environmental standards; or (4) otherwise asserted rights under laws or policy. Conduct may be retaliation regardless of whether it occurred on- or off-duty, in or outside of the workplace, or whether a victim is employed or separated from the City.
In the context of retaliation, examples of adverse actions include, but are not limited to:
- Open hostility, threats, name calling, or intentional actions that the reasonable person would find to embarrass;
- Exclusion/ostracism;
- Tokenism or patronizing conduct;
- Unwarranted negative remarks, reprimands, or evaluations;
- Giving unwarranted negative job references;
- Increased supervisory attention such as: increased review of work product, intentionally searching computer e-mail or other records for no legitimate business reason or inconsistent reasons, asking others to pay more attention to an employee and to report any violations, reviewing problems that occurred before the employee filed the complaint and that the supervisor knew about but at the time did not take action;
- Unwarranted demotion, suspension, or termination without cause;
- Refusal to hire or promote an otherwise best qualified individual;
- Taking adverse action against or conduct towards an employee because he/she supported someone in the workplace in his/her complaint or participation in an investigation (i.e. retaliating against an employed family member of someone who opposed allegedly unlawful employment practices);
- Substantial and unjustified changes in individual work assignments including unwarranted change in over-time, on-call rotation, or other specialty assignments; or
- Unreasonable supervisory-imposed time restrictions.
1. Management plays a key role in helping to achieve a workplace culture that is free from harassment or retaliation. Disciplinary action, up to and including dismissal, may result if a manager engages in harassing behavior, condones such behavior, neglects to take appropriate measures to prevent or stop such behavior, neglects to properly report such behavior (whether observed first-hand, suspected, or reported), neglects to take appropriate corrective or disciplinary action against offenders, or retaliates against a person in violation of this Section.
2. In addition, managers who engage in harassment or retaliation in violation of federal or state laws while employed by the City may be sued and held personally liable for their actions.
F. EMPLOYEE RESPONSIBILITY TO REPORT1. Employees play a key role in helping to achieve a workplace culture that is free from harassment or retaliation. Tooele City wants to know about inappropriate conduct so that it may be corrected promptly.
2. Employees may, but are not required to, speak with any individual engaging in offensive conduct and ask that it stop immediately. If any employee chooses not to do so, or has done so but the conduct continues, employees are expected to report harassment or retaliation promptly.
3. Any employee with knowledge of inappropriate conduct that may be in violation of this Section, are encouraged to report it promptly, even if they are not a victim or a party to the alleged inappropriate conduct.
4. To provide employees with reporting avenues that are free from bias, collusion, intimidation, or reprisal employees may use any of the following avenues to report conduct in violation of this Section:
a. Employees who are victims may file a report pursuant to Section 13: Grievance Procedure herein this Manual; or,
b. Employees may notify their supervisor, department head, director of human resources, the city attorney, or the mayor. Employees do not have to follow their chain-of-command to file a Report. Reports may be done through either verbal or written notification; however, written notification is preferred. Reports should be as detailed as possible, including the names of the individuals involved, the names of any witnesses, direct quotations when language is relevant, dates, times and any documentary evidence such as notes, pictures, cartoons, etc.
b. Employees may notify their supervisor, department head, director of human resources, the city attorney, or the mayor. Employees do not have to follow their chain-of-command to file a Report. Reports may be done through either verbal or written notification; however, written notification is preferred. Reports should be as detailed as possible, including the names of the individuals involved, the names of any witnesses, direct quotations when language is relevant, dates, times and any documentary evidence such as notes, pictures, cartoons, etc.
5. To the extent possible, reports will be handled with confidentiality but they will need
to be reviewed and/or investigated.
6. In most circumstances, employees are expected to continue to report to work.
However, if they reasonably believe doing so would place them in danger, they are
expected to report immediately to their supervisor, department head, the director of
human resources, or the city attorney for further guidance.
G. REVIEW & INVESTIGATION PROCEDURE
1. Preliminary Review
a. The individual to whom the report was made is expected to initiate a Preliminary Review of the allegations by convening the Preliminary Review Committee (“Committee”). The Committee generally consists of the department head of the accused and the department head of the alleged
victim, the director of human resources, and the city attorney. If a Committee member believes that a conflict of interest exists or may arise, the Committee may be modified by the Committee members not conflicted, at their discretion.
b. Reports of illegal conduct should be reported promptly to law enforcement.
c. The Committee determines if a formal investigation is either warranted or needed. The Committee takes into consideration such things as whether the employee has shown a prima facie case of harassment or retaliation or whether there are any material facts in dispute and if so, whether a formal investigation may give a better picture of the material facts. The Committee may take preliminary steps such as reviewing records or witness statements, speaking with individuals to clarify information, or requesting additional documentation or information.
d. The Committee will make a finding regarding whether a formal investigation is needed or warranted.
e. The accused may be instructed to not contact the reporting employee or alleged victim regarding the conduct reported.
f. If the Committee determines that an investigation is not warranted or needed, the alleged victim and accused should be notified accordingly.
2. Resolution by Mutual Agreement
If the Committee determines that a formal investigation should be conducted, the Committee may attempt to resolve the complaint by discussing the possibility of resolving the matter by mutual agreement with the complainant and accused separately. Agreements are voluntary, and no party may be required to resolve a complaint by mutual agreement as a term of employment. Agreements must be in
writing, signed by the accused and the alleged victim, with all parties receiving a copy. If a party refuses to comply with the terms of the agreement, or if harassment continues, a formal investigation may still be initiated.
3. Formal Investigation
a. If a report of harassment cannot be resolved by Preliminary Review or by Mutual Agreement, as applicable, the Committee will promptly begin, or cause to begin, a Formal Investigation. From this point in time, the Preliminary Review Committee operates as an Investigative Committee. At the discretion of the Investigative Committee, the Investigative Committee may be modified and/or outsourced to an investigator outside of the City.
b. The Formal Investigation differs from the Preliminary Review process. Its purpose is to discover relevant facts regarding the alleged misconduct and to render a finding. The formal investigation may include such actions as compelling employees to testify before investigators, speaking with a broad range of witnesses, and seeking out and reviewing information not otherwise provided by the reporting employee, the alleged victim, or the accused.
c. When the investigation is complete, the Committee, investigator, or designee, will inform those in the “need to know” group (i.e. involved department heads, supervisors, the Mayor, City Council Chair, etc.), the complainant/victim, and the accused of the disposition.
c. When the investigation is complete, the Committee, investigator, or designee, will inform those in the “need to know” group (i.e. involved department heads, supervisors, the Mayor, City Council Chair, etc.), the complainant/victim, and the accused of the disposition.
4. Procedure for Reports Against Elected Officials
a. If a complaint is made against an elected official, the individual to whom the report was made is expected to initiate a Preliminary Review of the allegations by convening the Preliminary Review Committee (“Committee”). The Committee generally consists of the department head of the alleged
victim, the director of human resources, and the city attorney. If a Committee member believes that a conflict of interest exists or may arise, the Committee may be modified by the Committee members not conflicted, at their discretion.
b. The Committee makes no determination as to the validity of the complaint whatsoever. The Committee determines only if the topic of the complaint falls within the parameters of this Section.
c. If the complaint does fall within the parameters of this Section, the complaint is sent for investigation to a qualified, external law firm or otherwise neutral external individual who is trained and competent in conducting harassment and retaliation investigations. The selection of such is made as follows:
(1) If the accused is the Mayor, the complaint is forwarded to the City Council who then shall select a qualified external individual to conduct a preliminary review and/or formal investigation.
(2) If the accused is a City Councilperson, the complaint is forwarded to the Mayor who then shall select a qualified external individual to conduct a preliminary review and/or formal investigation.
H. RECORDS
1. Tooele City's human resource office maintains protected files for harassment complaints for a minimum of 5 years and thereafter may be destroyed. Related material such as disciplinary actions, are maintained in the employee’s personnel file.
2. Pursuant to this Section, all information contained in the file is classified as Protected and Private records pursuant to requirements of law, Government Records Access and Management Act, Section 63G-3-101 et. Seq. Information contained in the file is released by the Director of Human Resources or the City Attorney and only when classified in compliance with the requirements of law.
3. Participants in any harassment proceeding will treat all information as Private and Protected.
SECTION 17: DRUG AND ALCOHOL FREE WORK PLACE (pdf.)
A. PURPOSE
This Section has been established to support the City’s goals of: (1) assuring employees report to work fit for duty and able to safely and effectively perform their work duties, (2) fostering a workplace that is safe, productive, and free from the effects of unlawful drug and alcohol use and activity, and, (3) to reasonably protect City assets. This Section establishes our drug and alcohol free workplace standard, communicates what is expected of employees, and identifies initiatives the City uses to monitor and enforce the policy.
This Section provides information on our Employee Assistance Plan (EAP)/Voluntary treatment program and other matters that may arise.
This Section provides procedural information regarding Tooele City’s limited drug and alcohol testing program of safety-sensitive employees (“company authority testing”) as well as our testing of CDL-required employees (“DOT required testing”).
B. POLICY
C. WORKPLACE INSPECTIONS
Tooele City reserves the right to conduct unannounced inspections of the workplace, equipment, facilities, and resources whether used solely by the employee or shared with others. Tooele City recognizes that employees have a reasonable expectation of privacy to be free from unwarranted searches of their personal items such as their personal bags, purses, coats, wallets, etc. This expectation of privacy does not apply, however, if alcohol, drugs, or paraphernalia are in plain view. Tooele City also reserves the right to utilize detection methods including, but not limited to electronic detection equipment and trained animals.
D. FITNESS FOR DUTY EVALUATION/VERIFICATION
Tooele City reserves the right to establish that an employee is fit for duty and able to safely and effectively perform their work duties. This includes, but is not limited to, requiring an employee to produce documentation from the prescribing medical provider assuring that the employee is/was deemed fit for duty. Tooele City also reserves the right to obtain second and third opinions, at the City’s expense, and to use resources available
under other applicable laws including, but not limited to, the American’s with Disabilities Act and Family & Medical Leave Act.
E. EMPLOYEE ASSISTANCE/VOLUNTARY TREATMENT
Early recognition and treatment is important for successful rehabilitation. Employees are urged to seek treatment prior to being identified for testing, and are reminded that treatment and counseling services may be available through the employee assistance program (EAP) and group health insurance plan.
F. CRIMINAL CONVICTIONS & OTHER RELIABLE EVIDENCE
An employee who is convicted for violation under federal or state criminal statute which regulates manufacturing, distributing, dispensing, possessing, selling, purchasing, or consuming a controlled substance shall notify their supervisor of the conviction no later than 5 calendar days after the conviction. Convictions are not necessarily disqualifiers from employment. A case-by-case analysis is conducted for workplace safety and job relevancy. An employee who is required to drive a vehicle as an essential function of the job, may no longer qualify for the job where the employee’s driver license is suspended or revoked due to a drug or alcohol conviction or offense.
Test results generated by law enforcement officers, emergency responders, or health care providers may also be considered by Tooele City for determining policy compliance. For example, an employee is arrested for DUI in their personal vehicle on their way home for lunch. The test results are deemed credible and indicate that the employee was likely to have been under the influence while on duty as the employee had only recently left the workplace.
G. LIMITED DRUG & ALCOHOL TESTING OF SAFETY SENSITIVE EMPLOYEES & CDL DRIVERS
While all employees are required to maintain a drug and alcohol free workplace pursuant to this policy, only certain employees are subject to workplace testing for drugs and alcohol. Tooele City’s drug and alcohol testing program applies to safety-sensitive employees (“company authority testing”) and CDL-required employees (“DOT required testing”).
Random Testing. Random drug and/or alcohol testing is required of employees in safety sensitive positions and/or CDL-required positions. To ensure that employees are selected on a random basis, Tooele City uses a third-party administrator to manage random selections. Employees are subject to random testing anytime they are on duty. If an employee is absent at the time of testing, another employee is selected from the alternate list except for when a police officer or lifeguard is off-duty, they are sent for testing when next at work, or as soon as practical.
Reasonable Suspicion Testing. Reasonable suspicion drug and/or alcohol testing may be required of employees in safety sensitive positions and/or CDL-required positions if a supervisor or company official who has been trained in recognizing the signs and symptoms of drug or alcohol use suspects an employee is under the influence of drugs and/or alcohol while on duty. Testing cannot be required based
When reasonable suspicion testing is warranted, management should relieve the employee from performing safety sensitive work duties and meet with the employee to explain the observations. The employee shall be given an opportunity to offer an explanation of the observations. If, after the explanation, management continues to have reasonable suspicion of drug or alcohol use in violation of this policy, or would need further verification, the employee will be notified of the requirement to undergo a drug/alcohol test. In a rare circumstance where an employee is unconscious and unable to give an explanation or to test, reasonable suspicion testing may not be administered (i.e. as it relates to employment testing, Tooele City cannot catheterize an unconscious employee nor take blood for reasonable suspicion testing). Other means shall be used to address the situation.
The suspected employee may not perform safety sensitive duties until negative test results are received.
Post-accident/Incident Testing. Post-accident/incident drug and/or alcohol testing is required of employees in safety sensitive positions and/or CDL-required positions under certain circumstances. Any employee required to be tested but needing medical assistance, must get the needed medical assistance first. In a rare circumstance where an employee is unconscious and unable to give an explanation or to test, post-accident/incident testing may not be administered (i.e. as it relates to employment testing, Tooele City cannot catheterize an unconscious employee nor take blood for post-accident testing). Other means shall be used to address the situation.
Under no circumstances should the employee involved in an accident and subject to post-accident testing be allowed to drive to the testing facility or away. A member of management is required to transport the employee or arrange for other transportation.
Return-to-duty Testing/Follow-up Testing. Return-to-duty/follow-up drug and/or alcohol testing may be required of employees in sensitive positions and/or CDL-required positions when administered in conjunction with a City-approved program of return to duty, rehabilitation, counseling, education, and/or treatment. Return-to-duty testing shall be for a period of not less than 12 months, and generally not to exceed 36 months, and generally should be tested a minimum of 6 times in the first 12 months following their return to duty. Return-to-duty/follow-up testing shall be at the employee’s expense. This policy does not alter the City’s policies on leave or disability.
2. Testing Notice & Sample Collection / Testing Procedures / MRO Verifications
a. Testing Notice
b. Alcohol Testing
Under no circumstances should the employee be allowed to drive following a test for alcohol when the second confirmation test result is at or exceed the positive cut off limit. A member of management is expected to transport the employee or arrange for other transportation.
c. Drug Testing
Collected specimens will be split-sample, sent to a federally or state certified laboratory, and tested for:
The laboratory screens all specimens and confirms all positive screens. The laboratory preserves the chain of custody from the time specimens are collected through testing and storage.
The laboratory transmits all positive drug test results to a medical review officer (MRO) retained by Tooele City who offers individuals with positive results a reasonable opportunity to rebut or explain the results prior to reporting test results to Tooele City. An individual has 72 hours from notice of a positive test result to ask the MRO to perform a confirmation test at another federally or state certified laboratory, at the individual’s own expense.
Additionally, Tooele City recognizes that situations may arise which are not specifically covered by this policy. These may be addressed on a case-by-case basis.
5. Compensation for Testing & Record Keeping
All information relating to Tooele City’s drug and alcohol testing shall be treated as confidential except as otherwise indicated herein or as provided by law.
H. POLICE DEPARTMENT ALCOHOL LIMITS & POLICY
The Tooele City Police Department may establish lower limits pertaining to alcohol positive tests as identified in their department policies and procedures.
Additionally, at the time this policy revision was approved, sworn law enforcement officers’ use of medical cannabis is prohibited pursuant to department policy. However, the Utah State Code regarding medical cannabis was still being evaluated to determine the impact it may have on law enforcement officers. The City recognizes that the Police Department may make changes to their policies that may be more, but not less, restrictive than this City policy.
I. CONSEQUENCES FOR POLICY VIOLATION OR POSITIVE TESTS
Applicants who refuse to participate in a required drug test or who test positive generally will not be hired.
Employees who violate any provision of this policy may be subject to disciplinary action, up to and including dismissal.
Employees may be referred to a substance abuse professional for initial evaluation at the City’s discretion and the City’s expense. Recommended rehabilitation, even if imposed as part of discipline, is at the employee’s expense. An employee’s refusal or failure to submit to an evaluation or to successfully complete the recommended rehabilitation may result in additional disciplinary action, up to and including dismissal.
J. DEFINITIONS – The following definitions are provided for general understanding.
Abuse or Misuse - The possession or use of a controlled substance obtained without a lawful prescription issued to the possessor or user; the use of a controlled substance contrary to the prescription indications; or, the use of alcohol or a controlled substance to a degree which renders the user unfit to safely operate a motor vehicle or to safely perform safety sensitive functions or other job requirements while on duty.
Alcohol - The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols in methyl and isopropyl alcohol no matter how the alcohol is packaged or in what form the alcohol is stored, utilized, or found.
Applicant/Final Applicant/Applied for and Been Offered - An individual who has made written or oral application to become an employee of Tooele City and has been extended a conditional offer of employment; or, an employee who applies for, and is subsequently selected to fill an internal vacancy through a competitive selection process.
City Premises - Buildings, parking lots, grounds, parks, properties, equipment, and vehicles owned or leased by the City, and personal vehicles being used for City business. See workplace. Commercial Driver License (CDL)/CDL-required Position/Employee - a position requiring the employee possess and maintain a license required by Utah Code §53-3-404, as amended, and/or the Federal Motor Carrier Safety Administration (FMCSA) to operate a commercial motor vehicle.
Confirmation Test –
Controlled Substance - Those substances defined by the Utah Controlled Substances Act, Utah Code §58-37-4 and §58-37-4.2, as amended, and the federal Controlled Substance Act, 21 United States Code §802(6), as amended. Also referred to herein as “drug” and “drugs.”
Company Authority/Safety-sensitive - Drug and/or alcohol testing program that is established pursuant to the policies and procedures of Tooele City as opposed to DOT-regulations.
Department of Transportation/DOT – See Commercial Driver License
Drug Paraphernalia - Objects used for the consumption of controlled substances. Drug Paraphernalia is further defined to include the definitions in Utah Code §58-37a-3, as amended.
Drug/Drug Testing – See Controlled Substance.
Employee – As used herein this policy, the term employee means the entire workforce, except those identified as not employees pursuant to Section 5 herein this Manual. Within this policy, employees may be further classified as Safety Sensitive Employee/position and Commercial Driver License (CDL)/CDL-Required Employee/Position to differentiate the special and specific provisions relating to permissible drug and alcohol testing of these classes of employees. See Safety Sensitive Employee/Position/Function/Duty and Commercial Driver License (CDL)/CDL-required Position/Employee.
Impaired/Impairment – See Under the Influence
Medical Review Officer - A licensed medical provider who has knowledge of substance abuse disorders and the effects of controlled substance consumption on the human body and has the training to interpret and evaluate drug and alcohol test results.
Possess - To be located on one’s person, in one’s clothing, in one’s immediate vicinity or control (such as, wallet, purse, desk, drawer, locker, vehicle), or in one’s body as evidenced by a positive test result. Includes “constructive possession” as defined by Utah law.
Sample - Any specimen of urine or breath to be used for testing pursuant to this policy.
Safety Sensitive Employee/Position/Function/Duty – See Work Duties.
Employees required to hold CDL are also considered safety sensitive employees and may be tested pursuant to DOT regulations and/or company authority.
Employees who are stopped from performing a safety sensitive duty, whether the duty was completed or not, will be deemed to have performed the safety sensitive duty for purposes of this policy.
Split Sample Testing - A method of testing where the tested sample is divided into two similar quantities prior to testing. The first one-half is tested while the second one-half is preserved for a limited time for confirmation or other testing purposes.
Test - The scientific analysis for the presence of drugs and/or alcohol or their metabolites in the human body. Also referred to as “alcohol test,” “drug test,” and “testing.”
Under the Influence - The impaired physical or mental condition of an employee, resulting from the consumption of alcohol or a controlled substance, that causes the employee to be unable to safely operate a motor vehicle or to safely perform safety sensitive functions, including but not limited to an alcohol test result of 0.04 or more grams of alcohol per 100 milliliters of blood or per 210 liters of breath. See Impaired/Impairment
Use – See Consume/Consumption
Work Duties/On Duty - The duties, or the performing of the duties, on behalf of Tooele City, which are contained within an employee’s job description or which are assigned to an employee. Includes being on-call.
Workplace - The workplace includes, but is not limited to, City owned buildings, grounds, and vehicles, and/or any other location where the employee conducts City work during work hours or while on duty. See City Premises.
A. PURPOSE
This Section has been established to support the City’s goals of: (1) assuring employees report to work fit for duty and able to safely and effectively perform their work duties, (2) fostering a workplace that is safe, productive, and free from the effects of unlawful drug and alcohol use and activity, and, (3) to reasonably protect City assets. This Section establishes our drug and alcohol free workplace standard, communicates what is expected of employees, and identifies initiatives the City uses to monitor and enforce the policy.
This Section provides information on our Employee Assistance Plan (EAP)/Voluntary treatment program and other matters that may arise.
This Section provides procedural information regarding Tooele City’s limited drug and alcohol testing program of safety-sensitive employees (“company authority testing”) as well as our testing of CDL-required employees (“DOT required testing”).
B. POLICY
1. Employees are to report to work fit for duty and able to safely and effectively perform their work duties.
2. Employees may not unlawfully use or be impaired/under the influence of drugs or alcohol while on duty or while operating a City vehicle after hours.
3. Employees may not engage in illegal activity while on duty nor use City equipment, facilities, or resources as part of illegal activity such as the unlawful sale, purchase, transfer, manufacture, dispense, possession, storage, or distribution of alcohol, drugs, or paraphernalia.
To maintain a positive public perception, employees may not use a City vehicle or equipment to patron a liquor store or establishment deemed a bar, nor may alcohol be stored in City equipment, facilities, or resources.
City approved exceptions include, but are not limited to:
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- Employees may possess paraphernalia in the workplace that is required for their lawful use of prescriptions (i.e. needles for injections of prescriptions) and provided the employee takes prudent safety measures to prevent potential for injury to another person (i.e. sharps container disposal).
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- Employees may possess drug paraphernalia in performance of their work duties such as cleaning up needles.
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- Non-CDL drivers may have and use alcohol-containing products that are not designed for consumption such as hand sanitizer and disinfecting products.
- Police department employees may be exempt from policy requirements in performance of official police business and in compliance with police department policies & procedures.
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- Authorized golf course staff may sell, purchase, transfer, dispense, possess, store and distribute alcohol for patron consumption when part of their job duties.
4. Use of Prescriptions & Over the Counter Drugs
Employees may not unlawfully use or misuse prescriptions, including medical cannabis, and over the counter drugs while on duty, while on City premises, or in the workplace.
Employees may lawfully use prescribed or over the counter drugs, including medical cannabis, provided the use does not adversely affect their fitness for duty and/or their ability to safely and effectively perform their work duties.
Any employee lawfully taking a prescribed or over the counter drug are expected to consult with their prescribing physician and/or pharmacist to determine whether the drug has the potential to adversely affect their fitness for duty and ability to safely and effectively perform their work duties. Employees shall use appropriate personnel procedures (i.e. call in sick, use accrued leave, request change of duty,
notify supervisor, notify human resources, exercise FMLA rights, request accommodation, etc.) to ensure they do not violate any provision of this policy.
In general, employee’s lawful use and possession of medical cannabis is handled in the same manner as the lawful use of any other prescribed drug, unless:
In general, employee’s lawful use and possession of medical cannabis is handled in the same manner as the lawful use of any other prescribed drug, unless:
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- Use of medical cannabis would jeopardize federal funding for the employee’s position;
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- Use of medical cannabis would jeopardize a federal security clearance required for the employee’s position;
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- The employee’s position is dependent on a license that is subject to federal regulations; or,
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- Use of medical cannabis conflicts with any other federal background determination required for the employee’s position. This provision restricts CDL drivers’ use of medical cannabis due to the Federal DOT testing requirements.
Employees lawfully using medical cannabis, pursuant to Utah State law, are subject to the same policy requirements for lawful use of other prescriptions.
Employees are encouraged to carefully consider the risk that Cannabidiol (CBD) products may result in a positive drug test in violation of this policy. Cannabidiol (CBD) products are an unregulated industry and many CBD products contain trace amounts of delta-9-tetrahydrocannabinol (THC), marijuana's main
active ingredient. For purposes of this Section, CBD products are not considered an over the counter drug and does not negate a positive drug test.
C. WORKPLACE INSPECTIONS
Tooele City reserves the right to conduct unannounced inspections of the workplace, equipment, facilities, and resources whether used solely by the employee or shared with others. Tooele City recognizes that employees have a reasonable expectation of privacy to be free from unwarranted searches of their personal items such as their personal bags, purses, coats, wallets, etc. This expectation of privacy does not apply, however, if alcohol, drugs, or paraphernalia are in plain view. Tooele City also reserves the right to utilize detection methods including, but not limited to electronic detection equipment and trained animals.
D. FITNESS FOR DUTY EVALUATION/VERIFICATION
Tooele City reserves the right to establish that an employee is fit for duty and able to safely and effectively perform their work duties. This includes, but is not limited to, requiring an employee to produce documentation from the prescribing medical provider assuring that the employee is/was deemed fit for duty. Tooele City also reserves the right to obtain second and third opinions, at the City’s expense, and to use resources available
under other applicable laws including, but not limited to, the American’s with Disabilities Act and Family & Medical Leave Act.
E. EMPLOYEE ASSISTANCE/VOLUNTARY TREATMENT
Early recognition and treatment is important for successful rehabilitation. Employees are urged to seek treatment prior to being identified for testing, and are reminded that treatment and counseling services may be available through the employee assistance program (EAP) and group health insurance plan.
F. CRIMINAL CONVICTIONS & OTHER RELIABLE EVIDENCE
An employee who is convicted for violation under federal or state criminal statute which regulates manufacturing, distributing, dispensing, possessing, selling, purchasing, or consuming a controlled substance shall notify their supervisor of the conviction no later than 5 calendar days after the conviction. Convictions are not necessarily disqualifiers from employment. A case-by-case analysis is conducted for workplace safety and job relevancy. An employee who is required to drive a vehicle as an essential function of the job, may no longer qualify for the job where the employee’s driver license is suspended or revoked due to a drug or alcohol conviction or offense.
Test results generated by law enforcement officers, emergency responders, or health care providers may also be considered by Tooele City for determining policy compliance. For example, an employee is arrested for DUI in their personal vehicle on their way home for lunch. The test results are deemed credible and indicate that the employee was likely to have been under the influence while on duty as the employee had only recently left the workplace.
G. LIMITED DRUG & ALCOHOL TESTING OF SAFETY SENSITIVE EMPLOYEES & CDL DRIVERS
While all employees are required to maintain a drug and alcohol free workplace pursuant to this policy, only certain employees are subject to workplace testing for drugs and alcohol. Tooele City’s drug and alcohol testing program applies to safety-sensitive employees (“company authority testing”) and CDL-required employees (“DOT required testing”).
1. Testing of Safety-Sensitive & CDL-required Drivers
Pre-employment Testing. Pre-employment drug testing is a condition of offers of employment and offers of reassignment to existing employees who have applied for and been offered a new safety-sensitive or CDL-required position. Preemployment tests for alcohol will not be given.
Random Testing. Random drug and/or alcohol testing is required of employees in safety sensitive positions and/or CDL-required positions. To ensure that employees are selected on a random basis, Tooele City uses a third-party administrator to manage random selections. Employees are subject to random testing anytime they are on duty. If an employee is absent at the time of testing, another employee is selected from the alternate list except for when a police officer or lifeguard is off-duty, they are sent for testing when next at work, or as soon as practical.
Reasonable Suspicion Testing. Reasonable suspicion drug and/or alcohol testing may be required of employees in safety sensitive positions and/or CDL-required positions if a supervisor or company official who has been trained in recognizing the signs and symptoms of drug or alcohol use suspects an employee is under the influence of drugs and/or alcohol while on duty. Testing cannot be required based
solely on a guess, hunch, complaint, or tip from another person. The suspicion must be based on specific, contemporaneous, articulable, and documented observations consistent with the signs and symptoms of drug and alcohol use such as the following: odors (e.g., smell of alcohol, body odor, urine); movements (e.g., unsteady, fidgety, dizzy); eyes (e.g., dilated, constricted or watery eyes, involuntary eye movements); face (e.g., flushed, sweating, confused or blank look); speech (e.g., slurred, slow, distracted mid-thought, inability to verbalize thoughts); emotions (e.g., argumentative, agitated, irritable, drowsy); actions (e.g., yawning, twitching); inactions (e.g., sleeping, unconscious, no or slow reaction to
questions).
When reasonable suspicion testing is warranted, management should relieve the employee from performing safety sensitive work duties and meet with the employee to explain the observations. The employee shall be given an opportunity to offer an explanation of the observations. If, after the explanation, management continues to have reasonable suspicion of drug or alcohol use in violation of this policy, or would need further verification, the employee will be notified of the requirement to undergo a drug/alcohol test. In a rare circumstance where an employee is unconscious and unable to give an explanation or to test, reasonable suspicion testing may not be administered (i.e. as it relates to employment testing, Tooele City cannot catheterize an unconscious employee nor take blood for reasonable suspicion testing). Other means shall be used to address the situation.
Where reasonable suspicion of drug/alcohol use exists, under no circumstances should the suspected employee be allowed to drive to the testing facility or away from the workplace. A member of management is required to transport the employee or arrange for the employee’s transportation.
The suspected employee may not perform safety sensitive duties until negative test results are received.
Post-accident/Incident Testing. Post-accident/incident drug and/or alcohol testing is required of employees in safety sensitive positions and/or CDL-required positions under certain circumstances. Any employee required to be tested but needing medical assistance, must get the needed medical assistance first. In a rare circumstance where an employee is unconscious and unable to give an explanation or to test, post-accident/incident testing may not be administered (i.e. as it relates to employment testing, Tooele City cannot catheterize an unconscious employee nor take blood for post-accident testing). Other means shall be used to address the situation.
The supervisor at the scene of the accident/incident or receiving information about the accident/incident away from the scene or thereafter, should review the testing criteria and make a good faith decision to test or not test and who is to be tested (e.g. testing is overbroad when it includes all employees in a vehicle, especially those whom the facts indicate could not have caused the accident) based on the
information available at the time. If a test cannot happen within the established time limit, the supervisor should document the reasons.
Under no circumstances should the employee involved in an accident and subject to post-accident testing be allowed to drive to the testing facility or away. A member of management is required to transport the employee or arrange for other transportation.
| Type | When Required | Time Limits |
| Safety sensitive Drug Testing Company Authority | 1. When there is a reasonable basis for concluding that: (a) the employee caused or contributed to an accident that seriously damaged a City vehicle, machinery, equipment, or property making it inoperable and/or resulting in immediate disruption to the work process; (b) the employee received or is likely to receive a moving traffic violation in relation to an accident; and/or, (c) the employee caused or reasonably appears may have caused an accident or incident that resulted in an injury to themselves or another person, requiring off-site medical attention; except that sworn police officers are not subject to automatic post-accident drug and alcohol testing in the instance of an injury to the officer or a suspect, when such injury occurs in the normal scope of their duties or in the course of a suspect’s lawful constraint. Sworn police officers are, however, subject to post-accident/incident drug and alcohol testing following any incident deemed to be an officer’s use of deadly force whether an injury occurred or not. Note: Deceased employees are not tested. |
Within 12 hours, but cannot exceed 32 hours from time of event. |
| Safety sensitive Alcohol Testing Company Authority | Within 2 hours, but cannot exceed 8 hours from time of event. | |
| CDL Drivers Drug Test DOT- required | 1. When there is one or more fatality; or 2. The driver is cited for a moving violation AND either: (a) The vehicle is towed from the scene; or (b) Someone incurs bodily injury with medical treatment away from the scene. Note: If these requirements cannot be met, the employee might still be tested pursuant to safety-sensitive drug or alcohol testing under company authority |
Within 12 hours, but cannot exceed 32 hours from time of event. |
| CDL Drivers Alcohol Test DOT-required | Within 2 hours, but cannot exceed 8 hours from time of event. |
Return-to-duty Testing/Follow-up Testing. Return-to-duty/follow-up drug and/or alcohol testing may be required of employees in sensitive positions and/or CDL-required positions when administered in conjunction with a City-approved program of return to duty, rehabilitation, counseling, education, and/or treatment. Return-to-duty testing shall be for a period of not less than 12 months, and generally not to exceed 36 months, and generally should be tested a minimum of 6 times in the first 12 months following their return to duty. Return-to-duty/follow-up testing shall be at the employee’s expense. This policy does not alter the City’s policies on leave or disability.
2. Testing Notice & Sample Collection / Testing Procedures / MRO Verifications
a. Testing Notice
Before performing an alcohol or drug test, the employee shall be notified whether the test is required pursuant to Tooele City’s “company authority” testing of safety-sensitive employee or Tooele City’s DOT testing of CDL drivers, and whether the test is pre-employment, reasonable suspicion, random, post-accident, or return-to-duty/follow-up testing.
b. Alcohol Testing
Alcohol testing is conducted at a City-designated location/facility and is a breath specimen. Breath specimens will be tested by trained technicians using federally approved breath alcohol testing devices capable of producing printed results that identify the employee. If an employee's breath alcohol concentration is .02 or more, a second breath specimen will be tested approximately 20 minutes later. If an employee’s second breath alcohol concentration is at or exceeds .04, the second confirmation test will be used for determination of under the influence. The tests results will be sent to the MRO who verifies the testing process and results, and makes a final determination of the test result.
Under no circumstances should the employee be allowed to drive following a test for alcohol when the second confirmation test result is at or exceed the positive cut off limit. A member of management is expected to transport the employee or arrange for other transportation.
c. Drug Testing
Drug testing is conducted at a City-designated location/facility and is a urine specimen of required volume. Specimens are provided in private unless they appear to be altered, adulterated, or substituted specimens.
Collected specimens will be split-sample, sent to a federally or state certified laboratory, and tested for:
| Testing Authority | Test for |
| Safety-sensitive Company Authority | 9 Panel Opiates, cocaine, phencyclidine, amphetamines, marijuana, barbiturates, benzodiazepines, propoxyphene, methadone. |
| CDL Drivers DOT-required | 5 Panel Opiates, cocaine, phencyclidine, amphetamines, and marijuana |
The laboratory screens all specimens and confirms all positive screens. The laboratory preserves the chain of custody from the time specimens are collected through testing and storage.
The laboratory transmits all positive drug test results to a medical review officer (MRO) retained by Tooele City who offers individuals with positive results a reasonable opportunity to rebut or explain the results prior to reporting test results to Tooele City. An individual has 72 hours from notice of a positive test result to ask the MRO to perform a confirmation test at another federally or state certified laboratory, at the individual’s own expense.
3. It shall be a violation of policy and a presumptive positive test if an employee:
-
- Fails to appear for a drug/alcohol test as requested without a reasonable or verifiable explanation.
- Refuses to submit to an authorized drug/alcohol test without a medically verifiable reason, as determined by the testing coordinator or the person responsible for administering the test.
- Refuses to contact and cooperate with the drug/alcohol testing official or sign related paperwork.
- Substitutes, alters, or tampers with a drug/alcohol test sample.
- Fails to give a sufficient drug/alcohol test sample without a verifiable medical condition that impacts the employee’s ability to provide a sufficient sample.
- Falsifies or attempt to falsify a drug/alcohol test sample or test result.
- Refuses to report for an evaluation by a substance abuse professional.
- Fails to remain readily available for post-accident testing, if applicable, following an accident.
4. Cancelled Tests & Unique Situations
At times, a problem with a drug test may be identified that cannot or has not been corrected, or which federal regulations require it to be cancelled. In these situations, a cancelled test is reported. A cancelled test is neither positive nor negative.
Additionally, Tooele City recognizes that situations may arise which are not specifically covered by this policy. These may be addressed on a case-by-case basis.
5. Compensation for Testing & Record Keeping
An employee’s time spent participating in random, reasonable suspicion, or post-accident drug or alcohol testing is considered paid work time. Individuals participating in pre-employment testing, rehabilitation testing, or return-to-duty testing, whether or not related to a disciplinary or corrective action, is not
compensable work time.
All information relating to Tooele City’s drug and alcohol testing shall be treated as confidential except as otherwise indicated herein or as provided by law.
The Tooele City Police Department may establish lower limits pertaining to alcohol positive tests as identified in their department policies and procedures.
Additionally, at the time this policy revision was approved, sworn law enforcement officers’ use of medical cannabis is prohibited pursuant to department policy. However, the Utah State Code regarding medical cannabis was still being evaluated to determine the impact it may have on law enforcement officers. The City recognizes that the Police Department may make changes to their policies that may be more, but not less, restrictive than this City policy.
I. CONSEQUENCES FOR POLICY VIOLATION OR POSITIVE TESTS
Applicants who refuse to participate in a required drug test or who test positive generally will not be hired.
Employees who violate any provision of this policy may be subject to disciplinary action, up to and including dismissal.
Employees may be referred to a substance abuse professional for initial evaluation at the City’s discretion and the City’s expense. Recommended rehabilitation, even if imposed as part of discipline, is at the employee’s expense. An employee’s refusal or failure to submit to an evaluation or to successfully complete the recommended rehabilitation may result in additional disciplinary action, up to and including dismissal.
J. DEFINITIONS – The following definitions are provided for general understanding.
Abuse or Misuse - The possession or use of a controlled substance obtained without a lawful prescription issued to the possessor or user; the use of a controlled substance contrary to the prescription indications; or, the use of alcohol or a controlled substance to a degree which renders the user unfit to safely operate a motor vehicle or to safely perform safety sensitive functions or other job requirements while on duty.
Alcohol - The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols in methyl and isopropyl alcohol no matter how the alcohol is packaged or in what form the alcohol is stored, utilized, or found.
Applicant/Final Applicant/Applied for and Been Offered - An individual who has made written or oral application to become an employee of Tooele City and has been extended a conditional offer of employment; or, an employee who applies for, and is subsequently selected to fill an internal vacancy through a competitive selection process.
City Premises - Buildings, parking lots, grounds, parks, properties, equipment, and vehicles owned or leased by the City, and personal vehicles being used for City business. See workplace. Commercial Driver License (CDL)/CDL-required Position/Employee - a position requiring the employee possess and maintain a license required by Utah Code §53-3-404, as amended, and/or the Federal Motor Carrier Safety Administration (FMCSA) to operate a commercial motor vehicle.
Confirmation Test –
- For alcohol testing, a second test that provides quantitative data of alcohol concentration in the test subject’s body; and,
- For drug testing, a second analytical procedure using a split sample to identify the presence of a controlled substance or substance metabolites, analogs, homologs, or synthetic equivalents in the test subject’s body, which procedure is independent of the initial screen.
Controlled Substance - Those substances defined by the Utah Controlled Substances Act, Utah Code §58-37-4 and §58-37-4.2, as amended, and the federal Controlled Substance Act, 21 United States Code §802(6), as amended. Also referred to herein as “drug” and “drugs.”
Company Authority/Safety-sensitive - Drug and/or alcohol testing program that is established pursuant to the policies and procedures of Tooele City as opposed to DOT-regulations.
Department of Transportation/DOT – See Commercial Driver License
Drug Paraphernalia - Objects used for the consumption of controlled substances. Drug Paraphernalia is further defined to include the definitions in Utah Code §58-37a-3, as amended.
Drug/Drug Testing – See Controlled Substance.
Employee – As used herein this policy, the term employee means the entire workforce, except those identified as not employees pursuant to Section 5 herein this Manual. Within this policy, employees may be further classified as Safety Sensitive Employee/position and Commercial Driver License (CDL)/CDL-Required Employee/Position to differentiate the special and specific provisions relating to permissible drug and alcohol testing of these classes of employees. See Safety Sensitive Employee/Position/Function/Duty and Commercial Driver License (CDL)/CDL-required Position/Employee.
Impaired/Impairment – See Under the Influence
Medical Review Officer - A licensed medical provider who has knowledge of substance abuse disorders and the effects of controlled substance consumption on the human body and has the training to interpret and evaluate drug and alcohol test results.
Possess - To be located on one’s person, in one’s clothing, in one’s immediate vicinity or control (such as, wallet, purse, desk, drawer, locker, vehicle), or in one’s body as evidenced by a positive test result. Includes “constructive possession” as defined by Utah law.
Sample - Any specimen of urine or breath to be used for testing pursuant to this policy.
Safety Sensitive Employee/Position/Function/Duty – See Work Duties.
Employees performing work in which a person performing the position while under the influence may constitute a threat to health or safety of themselves, a co-worker, or the public. Safety sensitive tasks include, but are not limited to: carrying a firearm or weapon; monitoring/inspecting for life-threatening risks to ensure life safety; inspecting buildings, facilities, and equipment for safety to others; having responsibility for performing life-saving or rescue procedures, working with hazardous or flammable materials; responsibilities pertaining to the safety of the City’s water system; having access to extremely confidential information that if compromised could be life-threatening or cause serious repercussion;
having access to medicine or controlled substances; and, operating, repairing, maintaining, or monitoring heavy equipment and machinery that if compromised could be life-threatening or cause serious harm to the employee or others.
Employees required to hold CDL are also considered safety sensitive employees and may be tested pursuant to DOT regulations and/or company authority.
Employees who are stopped from performing a safety sensitive duty, whether the duty was completed or not, will be deemed to have performed the safety sensitive duty for purposes of this policy.
Split Sample Testing - A method of testing where the tested sample is divided into two similar quantities prior to testing. The first one-half is tested while the second one-half is preserved for a limited time for confirmation or other testing purposes.
Test - The scientific analysis for the presence of drugs and/or alcohol or their metabolites in the human body. Also referred to as “alcohol test,” “drug test,” and “testing.”
Under the Influence - The impaired physical or mental condition of an employee, resulting from the consumption of alcohol or a controlled substance, that causes the employee to be unable to safely operate a motor vehicle or to safely perform safety sensitive functions, including but not limited to an alcohol test result of 0.04 or more grams of alcohol per 100 milliliters of blood or per 210 liters of breath. See Impaired/Impairment
Use – See Consume/Consumption
Work Duties/On Duty - The duties, or the performing of the duties, on behalf of Tooele City, which are contained within an employee’s job description or which are assigned to an employee. Includes being on-call.
Workplace - The workplace includes, but is not limited to, City owned buildings, grounds, and vehicles, and/or any other location where the employee conducts City work during work hours or while on duty. See City Premises.
SECTION 18: WORKERS’ COMPENSATION (pdf.)
A. WORKERS’ COMPENSATION COVERAGE:
Tooele City operates under the Workers’ Compensation provisions found in the Utah Code, and in particular Utah Code 35-1-45 which provides:
“Each employee mentioned in Section 35-1-43 who is injured and the dependents of each such employee who is killed, by accident arising out of and in the course of his employment, wherever such injury occurred, if the accident was not purposely self-inflicted, shall be paid compensation for loss sustained on account of the injury or death, and such amount for medical, nurse, and hospital services and medicines, and, in case of death, such amount of funeral expenses, as provided in this chapter. The responsibility for compensation and payment of medical, nursing, and hospital services and medicines, and funeral expenses provided under this chapter shall be on the employer and its insurance carrier and not on the employee.”
B. REPORTING OF INJURIES:
Any employee sustaining an injury arising out of and in the course of employment shall notify the supervisor immediately. If the employee is unable to provide notification, the employee’s next-of-kin or attorney may provide notification of the injury to the supervisor. The supervisor shall immediately report the injury to the City’s designated officer.
C. EMPLOYER’S REPORTS:
The City shall file a report of injury with the Industrial Commission of Utah within seven days after the occurrence of an injury after the City’s first knowledge of the occurrence, or after the employee’s notification of the same, on forms prescribed by the commission, of any work-related fatality or any work-related injury resulting in medical treatment, loss of consciousness, loss of work, restriction of work, or transfer to another job. The City shall file a subsequent report with the commission of any previously reported injury that later resulted in death. The subsequent report shall be filed with the commission within seven days following the death or the City’s first knowledge or notification of the death. No report is required for minor injuries, such as cuts or scratches that require first-aid treatment only unless a treating physician files, or is required to file the Physician’s Initial Report of Work Injury with the commission. The City shall provide the employee a copy of the reports submitted to the commission. Tooele City shall also provide the employee with a statement, as prepared by the commission, of the employee’s rights and responsibilities related to the injury.
D. MAINTENANCE OF RECORDS:
Tooele City shall maintain a record in a manner prescribed by the commission of all work-related fatalities or work-related injuries resulting medical treatment, loss of consciousness, loss of work, restriction of work, or transfer to another job.
E. LEAVE AND COMPENSATION:
Each employee eligible to receive workers’ compensation is subject to the following:
F. RETURN TO WORK:
When an employee returns to work, the employee shall notify the mayor’s designee who shall notify the commission to terminate the workers’ compensation. An employee’s right to return to City employment is governed by the following:
A. WORKERS’ COMPENSATION COVERAGE:
Tooele City operates under the Workers’ Compensation provisions found in the Utah Code, and in particular Utah Code 35-1-45 which provides:
“Each employee mentioned in Section 35-1-43 who is injured and the dependents of each such employee who is killed, by accident arising out of and in the course of his employment, wherever such injury occurred, if the accident was not purposely self-inflicted, shall be paid compensation for loss sustained on account of the injury or death, and such amount for medical, nurse, and hospital services and medicines, and, in case of death, such amount of funeral expenses, as provided in this chapter. The responsibility for compensation and payment of medical, nursing, and hospital services and medicines, and funeral expenses provided under this chapter shall be on the employer and its insurance carrier and not on the employee.”
B. REPORTING OF INJURIES:
Any employee sustaining an injury arising out of and in the course of employment shall notify the supervisor immediately. If the employee is unable to provide notification, the employee’s next-of-kin or attorney may provide notification of the injury to the supervisor. The supervisor shall immediately report the injury to the City’s designated officer.
C. EMPLOYER’S REPORTS:
The City shall file a report of injury with the Industrial Commission of Utah within seven days after the occurrence of an injury after the City’s first knowledge of the occurrence, or after the employee’s notification of the same, on forms prescribed by the commission, of any work-related fatality or any work-related injury resulting in medical treatment, loss of consciousness, loss of work, restriction of work, or transfer to another job. The City shall file a subsequent report with the commission of any previously reported injury that later resulted in death. The subsequent report shall be filed with the commission within seven days following the death or the City’s first knowledge or notification of the death. No report is required for minor injuries, such as cuts or scratches that require first-aid treatment only unless a treating physician files, or is required to file the Physician’s Initial Report of Work Injury with the commission. The City shall provide the employee a copy of the reports submitted to the commission. Tooele City shall also provide the employee with a statement, as prepared by the commission, of the employee’s rights and responsibilities related to the injury.
D. MAINTENANCE OF RECORDS:
Tooele City shall maintain a record in a manner prescribed by the commission of all work-related fatalities or work-related injuries resulting medical treatment, loss of consciousness, loss of work, restriction of work, or transfer to another job.
E. LEAVE AND COMPENSATION:
Each employee eligible to receive workers’ compensation is subject to the following:
1. The first three days of absence shall be taken as sick leave, if available.
2. Beginning with the fourth day, the employee will be required to discontinue sick leave benefits and begin workers’ compensation benefits. If a benefit check has not been received by the time the next pay day is reached, an advance will be authorized for the approximate benefit amount due. When the benefit check is received by the employee, the advance must be immediately repaid. Once workers’ compensation benefits begin, the employee will be placed on leave without pay but will continue to receive all regular City benefits at the City’s expense at the current rate of contribution. If an employee is terminated, City benefits shall cease.
3. Under no circumstances shall an employee be permitted to receive a City paycheck while being paid compensation under the workers’ compensation provisions.
F. RETURN TO WORK:
When an employee returns to work, the employee shall notify the mayor’s designee who shall notify the commission to terminate the workers’ compensation. An employee’s right to return to City employment is governed by the following:
1. If an employee is on approved leave and returns to work within a one-year period, the employee shall be entitled to the previous position held or one with equivalent pay.
2. If the employee is on approved leave and desires to return to work later than one year after the injury, there is responsibility to find a position similar in pay to that previously held. The City may require medical evidence upon which to make a judgement.
SECTION 19: OCCUPATIONAL SAFETY AND HEALTH (pdf.)
A. POLICY
It is Tooele City=s intent and purpose to preserve human resources by providing for the safety and health of workers, and to comply with all applicable rules and regulations pertaining to the Occupational Safety and Health Act established by the federal law and Utah Code Title 35, Chapter 9.
B. HAZARD-FREE WORKPLACE
The City shall furnish each of its employees employment free from recognized hazards that are causing or are likely to cause death or physical harm to such employees. Each employee shall comply with the occupational safety and health standards, orders, rules and regulations promulgated under the Utah Occupational Safety and Health Act.
C. INSPECTIONS
The City shall inspect or designate a competent person or persons to inspect frequently for unsafe conditions and practice, defective equipment and materials, and where such conditions are found to take appropriate action to correct such conditions immediately.
D. ENFORCEMENT
Supervisory personnel shall enforce safety regulations and issue such rules as may be necessary to safeguard the health and lives of employees. They shall warn all employees of dangerous conditions and permit no one to work in an unsafe place, except for the purpose of making it safe.
E. RECORD OF ACCIDENTS
An accurate record shall be kept of all accidents involving an injury to an employee while on duty, whether or not time is lost. Accident records shall at all reasonable times be available to the Industrial Commission of Utah or its representatives upon request. Other records shall be kept as requested by the Industrial Commission of Utah.
F. POSTING EMERGENCY TELEPHONE NUMBERS
Each department head or supervisor shall post, in a conspicuous place, a list of telephone numbers or addresses as may be applicable so that necessary help can be obtained in case of emergency. Such a list shall include:
G. CLEAN WORK AREAS
All supervisors and employees shall insure clean work areas. An excessively littered or dirty work area constitutes an unsafe, hazardous condition of employment and shall be remedied within a reasonable period of time. When no other method or combination of remedies exits to minimize hazards due to toxic dust, fumes, gases, flying objects, dangerous rays, or burns from heat, acid, caustics or any hazard of a similar nature, the City shall provide each worker with necessary personal protection equipment such as respirators, goggles, gas masks, or certain types of protective clothing. Provision shall also be made to keep all equipment in good, sanitary working condition at all times.
H. INVESTIGATION OF INJURIES AND OCCUPATIONAL DISEASES
The City shall investigate or cause to be investigated all work-related injuries and occupational diseases and any sudden or unusual occurrence or change of conditions that pose an unsafe or unhealthy exposure to employees.
I. EMPLOYEE'S BELIEF OF IMMINENT DANGER
Any employee or representative of employees who believes that a violation of an adopted safety or health standard exits that threatens physical harm, or that an imminent danger exits, may request an inspection of the violation or danger by giving notice to the authorized representative of the Occupational Safety and Health Division of the Industrial Commission of Utah. Any notice shall be in writing, setting forth with reasonable particularity the grounds for notice, and signed by the employee or representative of employees. A copy of the notice shall be provide to the City no later than at the time of inspection. Upon request of the person giving notice, such person=s name and the names of individual employees referred to in the notice shall not appear in the copy or on any record published, released, or made available.
J. REPORTING SUDDEN OR UNUSUAL CONDITIONS
Should any sudden or unusual occurrence or change of condition occur, such as the appearance of toxic or unusual fumes or gases, major equipment failure, explosions, or fires, that might affect the safety or health of City employees or tend to increase the hazards thereof, the department head or other designated authority shall immediately notify the Industrial Commission of Utah. Such notification shall be made whether or not any actual injury results from the above occurrences or changes of condition.
K. SAFETY RULES
L. INFORMATION
Additional information relative to the Occupational Safety and Health Act can be obtained from:
A. POLICY
It is Tooele City=s intent and purpose to preserve human resources by providing for the safety and health of workers, and to comply with all applicable rules and regulations pertaining to the Occupational Safety and Health Act established by the federal law and Utah Code Title 35, Chapter 9.
B. HAZARD-FREE WORKPLACE
The City shall furnish each of its employees employment free from recognized hazards that are causing or are likely to cause death or physical harm to such employees. Each employee shall comply with the occupational safety and health standards, orders, rules and regulations promulgated under the Utah Occupational Safety and Health Act.
C. INSPECTIONS
The City shall inspect or designate a competent person or persons to inspect frequently for unsafe conditions and practice, defective equipment and materials, and where such conditions are found to take appropriate action to correct such conditions immediately.
D. ENFORCEMENT
Supervisory personnel shall enforce safety regulations and issue such rules as may be necessary to safeguard the health and lives of employees. They shall warn all employees of dangerous conditions and permit no one to work in an unsafe place, except for the purpose of making it safe.
E. RECORD OF ACCIDENTS
An accurate record shall be kept of all accidents involving an injury to an employee while on duty, whether or not time is lost. Accident records shall at all reasonable times be available to the Industrial Commission of Utah or its representatives upon request. Other records shall be kept as requested by the Industrial Commission of Utah.
F. POSTING EMERGENCY TELEPHONE NUMBERS
Each department head or supervisor shall post, in a conspicuous place, a list of telephone numbers or addresses as may be applicable so that necessary help can be obtained in case of emergency. Such a list shall include:
1. The responsible supervisor;
2. A doctor;
3. The hospital;
4. An ambulance;
5. The fire department; and,
6. The police and sheriff
G. CLEAN WORK AREAS
All supervisors and employees shall insure clean work areas. An excessively littered or dirty work area constitutes an unsafe, hazardous condition of employment and shall be remedied within a reasonable period of time. When no other method or combination of remedies exits to minimize hazards due to toxic dust, fumes, gases, flying objects, dangerous rays, or burns from heat, acid, caustics or any hazard of a similar nature, the City shall provide each worker with necessary personal protection equipment such as respirators, goggles, gas masks, or certain types of protective clothing. Provision shall also be made to keep all equipment in good, sanitary working condition at all times.
H. INVESTIGATION OF INJURIES AND OCCUPATIONAL DISEASES
The City shall investigate or cause to be investigated all work-related injuries and occupational diseases and any sudden or unusual occurrence or change of conditions that pose an unsafe or unhealthy exposure to employees.
I. EMPLOYEE'S BELIEF OF IMMINENT DANGER
Any employee or representative of employees who believes that a violation of an adopted safety or health standard exits that threatens physical harm, or that an imminent danger exits, may request an inspection of the violation or danger by giving notice to the authorized representative of the Occupational Safety and Health Division of the Industrial Commission of Utah. Any notice shall be in writing, setting forth with reasonable particularity the grounds for notice, and signed by the employee or representative of employees. A copy of the notice shall be provide to the City no later than at the time of inspection. Upon request of the person giving notice, such person=s name and the names of individual employees referred to in the notice shall not appear in the copy or on any record published, released, or made available.
J. REPORTING SUDDEN OR UNUSUAL CONDITIONS
Should any sudden or unusual occurrence or change of condition occur, such as the appearance of toxic or unusual fumes or gases, major equipment failure, explosions, or fires, that might affect the safety or health of City employees or tend to increase the hazards thereof, the department head or other designated authority shall immediately notify the Industrial Commission of Utah. Such notification shall be made whether or not any actual injury results from the above occurrences or changes of condition.
K. SAFETY RULES
1. No person shall remove, displace, destroy or carry away any safety device or safeguard provided for use in any place of City employment or interfere with the use of any method or process adopted for the protection of employees.
2. No employee shall refuse or neglect to follow and obey reasonable orders that are issued for the protection of health, life, safety, or welfare of employees or other persons.
3. Employees who do not understand or speak the English language shall not be assigned to any duty or work place where the lack or partial lack of understanding or speaking of English might adversely affect their safety or that of other employees.
4. Where there is a risk of injury from hair entanglement in moving parts of machinery, employees shall confine their hair to eliminate the hazard.
5. Loose sleeves, tails, ties, lapels, cuffs, or similar garments which can become entangled in moving machinery shall not be worn where entanglement hazard exits.
6. Wristwatches, rings, or other jewelry shall not be worn on the job where they constitute a safety hazard.
7. No employee shall carry liquor into a place of employment, except for confiscated liquor being used as police or court evidence.
8. No intoxicated person shall be allowed to go into or loiter around any operation where workers are employed except where the employee=s working conditions require it.
L. INFORMATION
Additional information relative to the Occupational Safety and Health Act can be obtained from:
| The Industrial Commission of Utah 448 South 440 East Salt Lake City, Utah 84111 Telephone: 533 6401 801-530-6901 |
The Utah Intergovernmental Personnel Agency 1234 South Main Street Salt Lake City, Utah 84101 Telephone: 533 6301 |
SECTION 20: OCCUPATIONAL DISEASE DISABILITY COMPENSATION (pdf.)
A. OCCUPATIONAL DISEASE DISABILITY COMPENSATION COVERAGE
Tooele City operates under the Utah Occupational Disease Disability Law found in Utah Code, Title 35, Chapter 2. Each employee sustaining an occupational disease as defined in Chapter 2, which includes anthrax, silicosis, and certain poisonings, may be entitled to compensation for disability or death. To qualify, the occupational disease must arise out of and in the course of employment and the disease cannot be acquired through willful misconduct, willful self-exposure or disobedience to such reasonable rules and regulations as may be adopted by the City.
B. REPORTING OF INJURIES
Any employee sustaining an occupational disease arising out of and in the course of employment shall notify the supervisor immediately. If the employee is unable to provide notification, the employee=s next-of-kin or attorney may provide notification of the occupational disease to the supervisor. The supervisor shall immediately report the occupational disease to the mayor's designee.
C. EMPLOYER'S REPORTS
The City shall file a report of occupational disease with the Industrial Commission of Utah within seven days after the occurrence of an occupational disease after the employee=s notification of the same, on forms prescribed by the commission, of any occupational disease resulting in medical treatment, loss of consciousness, loss of work, restriction of work, or transfer to another job. The City shall file a subsequent report with the commission of any previously reported occupational disease that later resulted in death. The City shall provide the employee a copy of the reports submitted to the commission. The city shall also provide the employee with a statement, as prepared by the commission, of the employee=s rights and responsibilities related to the occupational disease.
D. MAINTENANCE OF RECORDS
The City shall maintain a record in a manner prescribed by the commission of all occupational diseases resulting in medical treatment, loss of consciousness, loss of work, restriction of work, or transfer to another job.
E. LEAVE AND COMPENSATION
1. The first three days of absence shall be taken as sick leave, if available.
When an employee returns to work, the employee shall notify the mayor's designee who shall notify the commission to terminate the occupational disease disability compensation. An employee=s right to return to City employment is governed by the following:
A. OCCUPATIONAL DISEASE DISABILITY COMPENSATION COVERAGE
Tooele City operates under the Utah Occupational Disease Disability Law found in Utah Code, Title 35, Chapter 2. Each employee sustaining an occupational disease as defined in Chapter 2, which includes anthrax, silicosis, and certain poisonings, may be entitled to compensation for disability or death. To qualify, the occupational disease must arise out of and in the course of employment and the disease cannot be acquired through willful misconduct, willful self-exposure or disobedience to such reasonable rules and regulations as may be adopted by the City.
B. REPORTING OF INJURIES
Any employee sustaining an occupational disease arising out of and in the course of employment shall notify the supervisor immediately. If the employee is unable to provide notification, the employee=s next-of-kin or attorney may provide notification of the occupational disease to the supervisor. The supervisor shall immediately report the occupational disease to the mayor's designee.
C. EMPLOYER'S REPORTS
The City shall file a report of occupational disease with the Industrial Commission of Utah within seven days after the occurrence of an occupational disease after the employee=s notification of the same, on forms prescribed by the commission, of any occupational disease resulting in medical treatment, loss of consciousness, loss of work, restriction of work, or transfer to another job. The City shall file a subsequent report with the commission of any previously reported occupational disease that later resulted in death. The City shall provide the employee a copy of the reports submitted to the commission. The city shall also provide the employee with a statement, as prepared by the commission, of the employee=s rights and responsibilities related to the occupational disease.
D. MAINTENANCE OF RECORDS
The City shall maintain a record in a manner prescribed by the commission of all occupational diseases resulting in medical treatment, loss of consciousness, loss of work, restriction of work, or transfer to another job.
E. LEAVE AND COMPENSATION
1. The first three days of absence shall be taken as sick leave, if available.
2. Beginning with the fourth day, the employee will be required to discontinue sick leave benefits and begin occupational disease disability benefits. If a benefit check has not been received by the time the next pay day is reached, an advance will be authorized for the approximate benefit amount due. When the benefit check is received by the employee, the advance must be immediately repaid. Once occupational disease disability compensation benefits begin, the employee will be placed on leave without pay but will continue to receive all regular City benefits at the City's expense at the current rate of contribution. If an employee is terminated, the City benefits shall cease.
3. Under no circumstances shall an employee be permitted to receive a City paycheck while being paid compensation under the occupational disease disability compensation provisions.
F. RETURN TO WORKWhen an employee returns to work, the employee shall notify the mayor's designee who shall notify the commission to terminate the occupational disease disability compensation. An employee=s right to return to City employment is governed by the following:
1. If the employee is on approved leave and returns to work within a one-year period, the employee shall be entitled to the previous position held or one with equivalent pay.
2. If the employee is on approved leave and desires to return to work later than one year after contracting the disease, there is responsibility to find a position similar in pay to that previously held. The City may require medical evidence upon which to make a judgment.
SECTION 21: JURY AND WITNESS LEAVE (pdf.)
A. WITNESS OR JURY DUTY
Any employee who, in obedience to a subpoena or direction by proper authority, appears as a witness or juror for the federal or state government or political subdivision thereof, shall be entitled to either that employee’s regular compensation or the per diem fees offered by the court, but not both.
B. PRIVATE LITIGATION:
Time absent by reason of subpoena in private litigation or by some party other than the subpoena in private litigation or by some party other than the federal government or state government or a political subdivision thereof, to testify not in official capacity but as an individual, shall be taken as annual leave or leave without pay.
A. WITNESS OR JURY DUTY
Any employee who, in obedience to a subpoena or direction by proper authority, appears as a witness or juror for the federal or state government or political subdivision thereof, shall be entitled to either that employee’s regular compensation or the per diem fees offered by the court, but not both.
B. PRIVATE LITIGATION:
Time absent by reason of subpoena in private litigation or by some party other than the subpoena in private litigation or by some party other than the federal government or state government or a political subdivision thereof, to testify not in official capacity but as an individual, shall be taken as annual leave or leave without pay.
SECTION 22: ADMINISTRATIVE LEAVE (pdf.)
A. MAYOR DESIGNATION
The Mayor may authorize paid administrative leave as deemed necessary or appropriate. Administrative leave is used rarely and for reasons such as, but not limited to: weather-related closure, emergency closures, employee recognition, or limited unforeseen business situations that may adversely impact employee pay or benefits.
B. BUSINESS REASONS
A department head, with approval from the Mayor, may temporarily relieve an employee from his or her normal responsibilities, while continuing to receive regular pay and benefits when necessary to address a particular situation. An employee is only placed on administrative leave when it is determined that it is in the best interests of the organization for the employee to not remain in the workplace.
A. MAYOR DESIGNATION
The Mayor may authorize paid administrative leave as deemed necessary or appropriate. Administrative leave is used rarely and for reasons such as, but not limited to: weather-related closure, emergency closures, employee recognition, or limited unforeseen business situations that may adversely impact employee pay or benefits.
B. BUSINESS REASONS
A department head, with approval from the Mayor, may temporarily relieve an employee from his or her normal responsibilities, while continuing to receive regular pay and benefits when necessary to address a particular situation. An employee is only placed on administrative leave when it is determined that it is in the best interests of the organization for the employee to not remain in the workplace.
1. The most common reasons for placing an employee on administrative leave are:
a. As a prudent business practice to provide for security or to secure sensitive information or to provide for safety of the employee or others.
b. When an allegation of misconduct has been made against the employee and/or to facilitate an investigation. Administrative leave is non-punitive and does not in itself imply that an employee is or will be disciplined nor even that an allegation is credible, which is why pay and benefits are
continued.
c. To remove an employee from the workplace who is behaving, or the City has concerns may behave, disruptively pending assessment of the situation.
d. To protect an employee from harassment, retaliation, or an adversarial work environment following a complaint or whistleblowing.
2. "Home Assignment" is an alternative term for administrative leave for business reasons. The employee is normally required to remain at home during the regular work hours or as instructed by the supervisor, and/or, to remain available for contact or timely return to work during regular work hours. Other proactive
measures may be taken and are non-punitive, to secure equipment, data, etc. based on the particular situation, such as requiring an employee to leave keys, leave equipment, and/or change passwords while on administrative leave.
SECTION 23: HOLIDAYS (.pdf)
A. PURPOSE
This Section establishes the days Tooele City provides time off with pay to eligible employees for recognized holidays (“Holiday Pay” or “Paid Holiday”) and related policy matters.
B. PAID HOLIDAYS
The following days are designated as paid holidays for eligible employees:
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January 1 |
New Year’s Day |
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Third Monday in January |
Observed as the anniversary of the birth of Dr. Martin Luther King, Jr., also known as Human Rights Day. |
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Third Monday in February |
Presidents’ Day |
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Last Monday in May |
Memorial Day |
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June 19 |
Juneteenth |
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July 4 |
Independence Day |
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July 24 |
Pioneer Day |
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First Monday in September |
Labor Day |
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Second Monday in October |
Columbus Day |
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November 11 |
Veterans’ Day |
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Fourth Thursday in November |
Thanksgiving Day |
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Generally the Fourth Friday in November |
Friday After Thanksgiving Day |
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December 25 |
Christmas Day |
C. HOLIDAYS ON WEEKENDS
When a holiday falls on a Sunday, then the following Monday shall be the holiday. The exception is for sworn law enforcement officers normally assigned to patrol duty; the holiday will be the actual date of the holiday and for holidays worked, it will be recognized for employees whose shift begins on the date of the holiday.
D. HOLIDAY ON NORMAL DAY OFF
When a holiday falls on a normally scheduled day off, another day is substituted. The substituted day must be in the pay period prior to, during, or immediately following the pay period in which the original holiday occurred. The exception is for sworn law enforcement officers assigned to patrol duty. See Section 9: Compensation for information regarding holiday buyback for patrol officers.
E. FLSA EXEMPT WORK A HOLIDAY
When an FLSA exempt employee works on a designated holiday, another day may be substituted. The substituted day must be in the pay period prior to, during, or immediately following the pay period in which the original designated holiday occurred.
F. SPECIAL CONSIDERATIONS
1. Hire & Termination Date.
Hire and termination dates may not be set to provide an employee with a paid holiday if the employee does not work their scheduled shift before and after the recognized holiday.
For example, if a termination date is set to be the day after the holiday and the employee plans to use paid leave for that final day as opposed to actually working, the termination date should be the last work day before the paid holiday. Additionally, if the employee “calls-in” the day after the holiday, the City may retroactively set the termination date to the day before the holiday.
2. Paid Holiday Benefits Coordination with Other Leave & Unpaid Leave.
See Section 27: Family and Medical Leave Act & City Approved Leave of Absence for benefit eligibility. If while on approved leave, the employee remains eligible for benefits, paid holiday benefits may be coordinated with other payments in an amount needed to bring the employee up to, but not greater than, 100% of their normal pay, rounded to the nearest quarter of an hour.
For example, an employee normally works 8 hours and is receiving short-term disability benefit payments that replaces 70% of salary. The employee receives 2.25 paid holiday hours representing the other 30% (8 x 30% = 2.4, rounds to 2.25). The Human Resource Department can assist with making these calculations as needed.
SECTION 24: ANNUAL LEAVE (pdf.)
A. PURPOSE
In order to minimize the financial hardships that may result from absences from work, Tooele City provides annual leave benefits to qualifying employees who are approved to be absent from work.
B. ANNUAL LEAVE ACCRUAL
3. Employees whose contemplated work schedule is less than 40 hours per week accrue annual leave on a prorated basis according to the number of hours they work each pay period.
An employee may elect to accumulate up to, but no more than, 280 hours of annual leave as of the last day of the pay period that includes June 30, the end of the fiscal year. Annual leave in excess of 280 hours will be forfeited. If an employee has made timely application for leave and the supervisor couldn’t approve the leave due to the needs of the department, the department head may permit annual leave to be carried over into the following fiscal year, which leave hours may then exceed the 280 hours limit.
E. REQUIREMENT TO USE
1. When an employee is absent and has an annual leave balance, Tooele City will reduce his/her available annual leave balance by an amount equivalent to 100% of the normal bi-weekly pay less equivalent payments made by a City-sponsored insurance provider, if applicable. Employees may opt-out of the reduction requirement if the absence is covered by Tooele City’s sick leave policy, due to military leave or, if the employee is receiving full or partial wage replacement from the City’s worker’s compensation or disability insurance provider.
A holiday that falls on an employee’s regular working day within a period when annual leave is being taken will be credited as a holiday and not as a day of annual leave.
G. PROVISIONS RELATING TO SEPARATION FROM EMPLOYMENT
An employee may not use annual leave to extend his/her effective date of separation beyond his/her two-week notice of resignation. Separating employees will be paid the balance of the accumulated annual leave, not to exceed 280 hours.
A. PURPOSE
In order to minimize the financial hardships that may result from absences from work, Tooele City provides annual leave benefits to qualifying employees who are approved to be absent from work.
B. ANNUAL LEAVE ACCRUAL
1. Regular and Appointed status employees accumulate annual leave based on their years of service as a benefit eligible employee and their work schedule. Service must be continuous as a benefit eligible employee, however, in some circumstances employees may receive reinstatement of prior service (See Section 5: Discipline & Separation).
2. Employees whose contemplated work schedule is 40 hours per week accrue annual leave as follows:
| Up to 5 years of eligible service | 4 hours per pay period |
| 5 to 10 years of eligible service | 4.93 hours per pay period |
| 10 to 15 years of eligible service | 6.77 hours per pay period |
| 15 or more years of eligible service | 8 hours per pay period |
3. Employees whose contemplated work schedule is less than 40 hours per week accrue annual leave on a prorated basis according to the number of hours they work each pay period.
4. Employees whose compensation from Tooele City payroll falls below their regular bi-weekly salary (off work due to FMLA, workers compensation, disability, LOA, etc.) accrue annual leave on a prorated basis according to the number of hours they receive payment from Tooele City payroll.
C. ALLOWABLE USES1. Use of annual leave is a privilege extended to employees by their supervisor and use is not an acquired right. Established attendance policies apply regarding approval for absences.
2. Annual leave may be used for personal reasons such as: vacations, rest and relaxation, to conduct personal business or affairs, or for emergencies. Annual leave may also be used in lieu of sick leave; however, Tooele City reserves the right to obtain verification of the need for such absence when the absence is expected to exceed five working days or when excessive or recurring annual leave is being
taken for such purposes. This includes the right to use tools available under the Family and Medical Leave Act to verify the need for leave, including obtaining 1st, 2nd, and 3rd opinions.
3. Employees who are absent from work due to a City-sponsored and approved workers compensation, short-term disability, or long-term disability claim, and remain active on Tooele City payroll, may use accrued paid leave to supplement the insurance benefit to receive a combined total not exceeding
100% of pre-injury pay.
D. MAXIMUM ACCUMULATIONAn employee may elect to accumulate up to, but no more than, 280 hours of annual leave as of the last day of the pay period that includes June 30, the end of the fiscal year. Annual leave in excess of 280 hours will be forfeited. If an employee has made timely application for leave and the supervisor couldn’t approve the leave due to the needs of the department, the department head may permit annual leave to be carried over into the following fiscal year, which leave hours may then exceed the 280 hours limit.
E. REQUIREMENT TO USE
1. When an employee is absent and has an annual leave balance, Tooele City will reduce his/her available annual leave balance by an amount equivalent to 100% of the normal bi-weekly pay less equivalent payments made by a City-sponsored insurance provider, if applicable. Employees may opt-out of the reduction requirement if the absence is covered by Tooele City’s sick leave policy, due to military leave or, if the employee is receiving full or partial wage replacement from the City’s worker’s compensation or disability insurance provider.
2. For a part-time employee, the calculation used to determine the necessary leave reduction, will be their normal bi-weekly rate of pay or their established benefit eligibility hours, whichever is less.
F. SAME DAY AS HOLIDAYA holiday that falls on an employee’s regular working day within a period when annual leave is being taken will be credited as a holiday and not as a day of annual leave.
G. PROVISIONS RELATING TO SEPARATION FROM EMPLOYMENT
An employee may not use annual leave to extend his/her effective date of separation beyond his/her two-week notice of resignation. Separating employees will be paid the balance of the accumulated annual leave, not to exceed 280 hours.
SECTION 25: BEREAVEMENT AND FUNERAL LEAVE (pdf.)
A. PURPOSE
This Section specifies the hours Tooele City provides time off with pay to eligible employees for bereavement and funeral needs and related policy matters.
B. POLICY
D. NEEDS OTHERWISE NOT COVERED BY THIS SECTION
Employees who need to be absent for matters not otherwise covered by this Section or who need additional time off, may reference other paid leave policies such as annual leave.
A. PURPOSE
This Section specifies the hours Tooele City provides time off with pay to eligible employees for bereavement and funeral needs and related policy matters.
B. POLICY
1. In order to minimize the financial hardships that may result from absences from work, Tooele City provides bereavement & funeral leave benefits to qualifying employees who are approved to be absent from work due to: (1) the death of certain individuals; (2) to plan, attend, and/or travel to/from funeral services; (3) to attend to post-death affairs associated with the deceased; and/or, (4) to provide care and comfort to self or others who are grieving.
2. Bereavement & funeral leave benefits are provided to bring the employee up to their regular scheduled work hours. These leave hours may not be used to ensure general overtime is earned nor may they be paid as overtime/comp-time.
3. Regular and appointed employees are provided with the following amounts of paid bereavement & funeral leave for each qualifying death (part-time employees are prorated):
| Up to 24 Hours Leave | Up to 16 Hours Leave | Up to 8 Hours Leave to Attend Services |
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4. For purposes of this Section, relationships include first generation unless otherwise specified, and biological or legal relationships unless otherwise specified. Legal action such as divorce or other legal relinquishment of parental rights dissolves relationships.
5. Bereavement and funeral leave may be used in full day blocks or intermittently for up to 14 working days from date of the death, unless extenuating circumstances exist (i.e. delay due to autopsy, delay getting body due to organ or research donation, body transport, etc.) and in such cases, an employee may request extension of up to 30 days from date of death.
6. If, at the time of death, and an employee is on other approved or extended leave such as FMLA or disability leave, bereavement and funeral leave benefits may be used to supplement other paid benefits to bring the employee up to 100% of the pre-leave daily base pay.
C. NOTICE & VERIFICATION OF NEED FOR LEAVE1. An employee is expected to notify his/her supervisor as soon as possible of the need for bereavement and funeral leave.
a. For a full-day block of leave, the supervisor may ask the employee to consider the needs of the department when scheduling; however, unless it may result in a hardship to the City (i.e. employee must be in court to testify or is the only employee able to perform certain critical tasks), the employee generally may take full-day blocks of leave.
b. For intermittent leave, the employee is expected to request approval for such leave in advance whenever feasible and the supervisor may consider both the needs of the department and the purpose of the leave request (For example, post-death financial affairs can generally be taken care of during banking hours. Although it may be more convenient for the employee at a certain time, the needs of the department may necessitate taking care of the post-death financial affairs at a different time).
2. Tooele City retains the right to request documentation to support any claim for leave benefits.
D. NEEDS OTHERWISE NOT COVERED BY THIS SECTION
Employees who need to be absent for matters not otherwise covered by this Section or who need additional time off, may reference other paid leave policies such as annual leave.
SECTION 26: SICK LEAVE (pdf.)
A. PURPOSE
In order to minimize the financial hardships that may result from absences from work, Tooele City provides sick leave benefits to qualifying employees who are approved to be absent from work for certain qualifying purposes.
B. LEAVE ACCRUAL
Use of sick leave is a privilege extended to employees by their supervisor and its use is not an acquired right. Established attendance policies apply regarding approval for absences. Once accrued, sick leave may be used for the following reasons:
D. LIMITATION ON USE WITH OUTSIDE EMPLOYMENT
Sick leave may not be used to cover absences when an employee is working outside employment and performing duties that are similar to those performed for Tooele City. Tooele City does not wish to discourage employees from seeking outside employment but must ensure that employees are not misrepresenting their need to be absent or abusing sick leave benefits. An employee may request to use sick leave in such circumstance by showing that the duties of the outside employment are dissimilar and that a condition requiring absence from City employment does not preclude outside employment. If permission is not given or verification is requested by Tooele City and the employee does not provide it, the employee will be deemed to be misrepresenting their need for leave and may be subject to disciplinary action, up to and including separation.
E. REQUIREMENT TO USE
F. ABUSE / LEAVE RESTRICTION / VERIFICATION
Tooele City reserves the right to ensure that sick leave is being used according to this Section, in a manner that is not abusive, and in a manner that does not adversely impact the work environment. Tools that managers may use include, but are not limited to:
A holiday that falls on a regular working day within a period when sick leave is being taken will be credited as a holiday and not as a day of sick leave.
H. REINSTATEMENT OF SICK LEAVE IF REHIRED AFTER REDUCTION IN FORCE
Accrued sick leave available to an employee at the time of a reduction in force is again available if rehired within twelve months from the reduction.
I. SICK LEAVE ADVANCE
If short-term disability benefits are not in effect and in the event of an extended eligible need, the Mayor may grant an advance of sick leave equivalent to the amount that would be accrued through the end of the calendar year. The following are instances that may justify the extension of sick leave: (1) Absence due to injury; (2) Extended absence due to major illness or surgery; or (3) Other reasonable absences due to sickness or injury when no pattern of absence or abuse of the sick leave privilege has been demonstrated.
J. SICK LEAVE ANNUAL PAY-OUT
During January, employees may elect to be paid for one-fourth (25%) of the sick leave they accumulated during the prior calendar year but did not use. For example: an employee who accumulates 3.7 hours per pay period, worked 26 pay period, and used 15 hours sick leave during the calendar year would be paid out 20.3 hours (3.7 X 26 = 96.2, 96.2 – 15 = 81.2, 81.2 X 25% = 20.3 hours).
K. PROVISIONS RELATING TO SEPARATION FROM EMPLOYMENT
An employee separating from Tooele City is not compensated for unused sick leave except that accrued sick leave available to an employee at the time of separation is again available to him or her upon returning to service as long as the employee returns within 12 months of separation from service.
L. PROVISIONS RELATING TO RETIREMENT
See Section 30: Retirement, herein this Policies and Procedures Manual, for specific provision relating to retiree sick leave conversions.
A. PURPOSE
In order to minimize the financial hardships that may result from absences from work, Tooele City provides sick leave benefits to qualifying employees who are approved to be absent from work for certain qualifying purposes.
B. LEAVE ACCRUAL
1. Regular and Appointed status employees whose contemplated work schedule is 40 hours per week accrue up to 3.7 hours of sick leave per pay period. Eligible employees whose contemplated schedule is less than 40 hour per week accrue sick leave on a prorated basis according to the number of hours they work each pay period.
2. Employees whose compensation from Tooele City payroll falls below their regular bi-weekly salary (i.e., an employee is off work due to short-term disability) accrue sick leave on a prorated basis according to the number of hours for which they receive payment from Tooele City payroll.
3. There is no maximum accrual limit for sick leave.
C. ELIGIBILE USESUse of sick leave is a privilege extended to employees by their supervisor and its use is not an acquired right. Established attendance policies apply regarding approval for absences. Once accrued, sick leave may be used for the following reasons:
| Reasons Relating to Employee | |
| Eligible Uses | Examples of Ineligible Uses or Abuse Indicators |
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| Reasons Relating to Employee's Family | |
| Eligible Uses | Examples of Ineligible Uses or Abuse Indicators |
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| Reasons Approved as FMLA-Protected Leave May Run Concurrently With Sick Leave | |
| Eligible Uses | Examples of Ineligible Uses or Abuse Indicators |
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| Other Reasons that May Run Concurrently with Disability Insurance and/or FMLA | |
| Worker's Compensation | Employees who are absent from work due to an approved workers’ compensation claim, and remain active on Tooele City payroll, may use accrued leave to supplement the workers’ compensation benefit to receive a combined total not exceeding 100% of pre- injury/illness pay. Sick leave balances are forfeited if an employee is no longer active on Tooele City payroll. |
| Short-term Disability (STD) | Employees who miss work due to an approved STD claim, and remain active on Tooele City payroll, may use accrued leave to supplement the STD benefits to receive a combined total not exceeding 100% of pre-injury/illness pay. Leave balances are forfeited if an employee is no longer active on Tooele City payroll. |
| Long-term Disability (LTD) | Employees receiving LTD benefits are evaluated on a case-by-case basis including consideration pursuant to the requirements of the American’s with Disabilities Act, if applicable. The specific facts relevant to the employee’s disability, approved leave, ability to return to work, etc. are considered. Sick leave balances are forfeited if an employee is no longer active on Tooele City payroll due to LTD approval. |
D. LIMITATION ON USE WITH OUTSIDE EMPLOYMENT
Sick leave may not be used to cover absences when an employee is working outside employment and performing duties that are similar to those performed for Tooele City. Tooele City does not wish to discourage employees from seeking outside employment but must ensure that employees are not misrepresenting their need to be absent or abusing sick leave benefits. An employee may request to use sick leave in such circumstance by showing that the duties of the outside employment are dissimilar and that a condition requiring absence from City employment does not preclude outside employment. If permission is not given or verification is requested by Tooele City and the employee does not provide it, the employee will be deemed to be misrepresenting their need for leave and may be subject to disciplinary action, up to and including separation.
E. REQUIREMENT TO USE
1. When an employee is absent for eligible reasons and has a sick leave balance, Tooele City will reduce his/her available leave balance by an amount equivalent to 100% of the normal bi-weekly pay less equivalent payments made by a City-sponsored insurance provider, if applicable. Employees may opt-out of the reduction requirement if the absence is covered by available annual leave, due to military leave
or, if the employee is receiving full or partial wage replacement from the City’s worker’s compensation or disability insurance provider.
2. For a part-time employee, the calculation for required leave reduction is the normal bi-weekly rate of pay or the established benefit eligibility hours, whichever is less.
F. ABUSE / LEAVE RESTRICTION / VERIFICATION
Tooele City reserves the right to ensure that sick leave is being used according to this Section, in a manner that is not abusive, and in a manner that does not adversely impact the work environment. Tools that managers may use include, but are not limited to:
1. Leave Restriction Notice. When work is or has the potential to be adversely impacted, or when sick leave abuse is suspected, supervisors may issue a leave restriction notice to an employee as a tool to address leave concerns. Putting an employee on a leave restriction is a matter of management discretion but the human resource office should be consulted prior to issuing a leave restriction to ensure that FMLA or other legally protected rights are not adversely impacted. Such leave restrictions are a corrective action tool and are non-punitive. Leave restriction notices may also be issued when necessary to meet business needs such as limited staffing, special projects, seasonal work requirements, emergencies, etc.
2. Verification. Any employee using sick leave to cover an absence which exceeds five working days should be supported by a medical certification deemed acceptable to Tooele City, unless the employee has been approved for FMLA-protected leave for the absence. When excessive or recurring sick leave is being used or when Tooele City suspects misuse or abuse, a doctor’s diagnosis or other evidence of the need for leave may be required for absences of less than five days. Tooele City reserves the right to use tools available under the Family and Medical Leave Act to verify the need for leave, including obtaining 1st, 2nd, and 3rd opinions as well as all other tools required by insurance providers.
3. Denial. An employee found to be misrepresenting their need for leave or using leave for ineligible purposes may be denied payment of sick leave.
4. Discipline. Employees may be disciplined consistent with Tooele City’s disciplinary procedures.
G. SAME DAY AS HOLIDAYA holiday that falls on a regular working day within a period when sick leave is being taken will be credited as a holiday and not as a day of sick leave.
H. REINSTATEMENT OF SICK LEAVE IF REHIRED AFTER REDUCTION IN FORCE
Accrued sick leave available to an employee at the time of a reduction in force is again available if rehired within twelve months from the reduction.
I. SICK LEAVE ADVANCE
If short-term disability benefits are not in effect and in the event of an extended eligible need, the Mayor may grant an advance of sick leave equivalent to the amount that would be accrued through the end of the calendar year. The following are instances that may justify the extension of sick leave: (1) Absence due to injury; (2) Extended absence due to major illness or surgery; or (3) Other reasonable absences due to sickness or injury when no pattern of absence or abuse of the sick leave privilege has been demonstrated.
J. SICK LEAVE ANNUAL PAY-OUT
During January, employees may elect to be paid for one-fourth (25%) of the sick leave they accumulated during the prior calendar year but did not use. For example: an employee who accumulates 3.7 hours per pay period, worked 26 pay period, and used 15 hours sick leave during the calendar year would be paid out 20.3 hours (3.7 X 26 = 96.2, 96.2 – 15 = 81.2, 81.2 X 25% = 20.3 hours).
K. PROVISIONS RELATING TO SEPARATION FROM EMPLOYMENT
An employee separating from Tooele City is not compensated for unused sick leave except that accrued sick leave available to an employee at the time of separation is again available to him or her upon returning to service as long as the employee returns within 12 months of separation from service.
L. PROVISIONS RELATING TO RETIREMENT
See Section 30: Retirement, herein this Policies and Procedures Manual, for specific provision relating to retiree sick leave conversions.
SECTION 27: FAMILY & MEDICAL LEAVE ACT & CITY APPROVED LEAVE OF ABSENCE (pdf.)
A. FAMILY & MEDICAL LEAVE ACT (FMLA Protected Leave)
Tooele City complies with the Family and Medical Leave Act of 1993 (FMLA), as amended, and the expansion of FMLA under The Support for Injured Service Members Act of 2007. The following is a summary of the main provisions of the FMLA. However, it is not a comprehensive recital of the law. Questions or further clarification may be obtained from the Tooele City Human Resource Department.
1. FMLA ELIGIBILITY
a. Employees are eligible for FMLA leave if they have worked for Tooele City for at least 12 months (52 weeks) and worked 1,250 hours of service during the 12-month period immediately before the commencement of the leave.
b. In determining the 12 months (52 weeks) worked for Tooele City, the 12 months need not be consecutive months. Employment periods prior to a break in service of seven years or more are not counted unless the employee’s break in service is occasioned by the fulfillment of his or her National Guard or Reserve military service obligations. The time served performing the military service must be also counted in determining whether the employee has been employed for at least 12 months. For FMLA eligibility purposes, an employee will be considered to have been employed for an entire week even if the employee was on the payroll for only part of the week or if the employee is on other paid leave during the week (i.e. sick leave, annual leave, worker’s compensation).
c. Time spent on paid (including disability or worker’s compensation payments) or unpaid leave is not counted in determining the 1,250 hours worked for FMLA eligibility purposes. Tooele City will include overtime hours as hours worked on an hour-for-hour basis regardless of whether they were paid out as overtime or as compensatory time.
a. Parent means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a child. Parent does not include parent-in-law.
b. Child means a biological, adopted, or foster child, a stepchild, a legal ward, legal guardian, or a child of a person standing in loco parentis who is either under 18, or age 18 or older and "incapable of self-care because of a mental or physical disability" except for FMLA leave due to military service the person does not have to be a minor.
c. In loco parentis means any person who has put him- or herself in the situation of a lawful parent by assuming the obligations incident to the parental relation without going through the formalities necessary for legal adoption. It embodies the two ideas of assuming the parental status and discharging the parental duties. Employees who have no biological or legal relationship with a child may nonetheless stand in loco parentis to the child and be entitled to FMLA leave. If there are questions about whether an employee’s relationship to a child is covered under FMLA, the City may require the employee to provide reasonable documentation or statement showing the family relationship. A simple statement asserting that the requisite family relationship exists is all that is needed in situations such as in loco parentis where there is no legal or biological relationship.
d. Next-of-kin of a covered service member means the nearest blood relative other than the covered servicemember’s spouse, parent, son, or daughter. The FMLA provides additional definitions regarding next of kin including order or priority or employee’s designation of next of kin.
e. “Serious health condition," for purposes of the FMLA, means an illness, injury, impairment, or physical or mental condition that:
2) Involves continuing treatment by a healthcare provider for incapacity and treatment. To qualify the incapacity must be for a period of more than three consecutive full calendar days from work, school, or other regular daily activities and include subsequent treatment or period of incapacity relating to the same condition. Subsequent treatment must include treatment by a health care provider on at least one occasion, which results in a regimen of continuing treatment under the supervision of the health care provider. Subsequent treatment must occur two or more times, within 30 days of the first day of incapacity, unless extenuating circumstances exist. Subsequent treatment may be performed by a health care provider, a nurse under direct supervision of a healthcare provider, or by a provider of health care services under orders of, or on referral by, a health care provider;
3) Any period of incapacity due to pregnancy, or for prenatal care;
4) Any period of incapacity (or treatment for such incapacity) due to a chronic serious health condition. A chronic serious health condition is one which (a) requires periodic visits at least twice a year for treatment by a health care provider, or by a nurse under direct supervision of a health care provider; (b) continues over an extended period of time (including recurring episodes of a single underlying condition); and (c) may cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.);
5) A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment, by a health care provider (e.g., Alzheimer's, stroke, terminal stages of a disease, etc.); or,
6) Any absences to receive multiple treatments (including any period of recovery there from) by, or on referral by, a health care provider for a condition for (a) restorative surgery after an accident or other injury; or (b) a condition that would likely result in a period of incapacity of more than three consecutive full calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.) severe arthritis (physical therapy), or kidney disease (dialysis).
3. BASIC FMLA LEAVE ENTITLEMENT
a. For incapacity due to pregnancy, prenatal medical care, or child birth;
b. To care for the employee’s child after birth, or placement for adoption or foster care. Leave to care for a child following birth, for adoption, or for foster care must be taken within one year of the
birth or placement of the child;
c. To care for the employee’s spouse, child, or parent with a serious health condition; or,
d. For a serious health condition that makes the employee unable to perform the employee’s job.
2. MILITARY FMLA LEAVE ENTITLEMENT
a. Eligible employees with a spouse, child, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week FMLA leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. The FMLA does provide limitations on the amount of leave that can be used for certain qualifying exigencies.
b. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single “12-month period.” A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. This is the only type of FMLA leave that may extend an employee’s leave entitlement beyond 12 weeks to 26 weeks. Other types of FMLA leave are added to this type of leave totaling the 26 weeks. If an eligible employee does not take all of his or her 26 workweeks of leave entitlement to care for a covered servicemember during this “single 12-month period,” the remaining part of his or her 26 workweeks of leave entitlement to care for the covered servicemember is forfeited.
a. 12 Weeks. In determining eligibility for FMLA leave the City will measure the 12-month period as a rolling 12-month period measured backward from the date an employee’s first FMLA use. Each time an employee requests leave, the City will compute the amount of FMLA leave the employee has taken in the last 12 months and subtract it from the 12 weeks of available FMLA leave. The balance remaining will be the amount the employee is entitled to take at that time. Note that this amount may change with each request for FMLA leave as periods of leave drop from the 12-month look back period resulting in leave coming available to the employee. When an employee’s work schedule varies from week to week, a weekly average of the hours worked over the 12 months prior to the beginning of the FMLA leave period is used to calculate the amount of FMLA leave available to the employee.
b. 26 Weeks. The “single 12-month period” to care for a covered servicemember begins on the first day the eligible employee takes FMLA leave to care for a covered servicemember and ends 12 months after that date. The “single 12-month period” is applied on a per-covered-servicemember, per-injury basis. An employee may be entitled to take more than one period of 26 workweeks of leave if the leave is to care for a different covered servicemember or to care for the same servicemember with a subsequent serious injury or illness, except that no more than 26 workweeks of leave may be taken within any “single 12-month period.”
6. EMPLOYEE BENEFITS DURING FMLA LEAVE
a. Tooele City will continue the employee’s health, dental, and vision benefits while on FMLA leave at the same level and under the same conditions as if the employee had continued to work.
b. Sick and annual leave will accrue on a prorated basis and may be retroactively recalculated as needed. Holiday pay will be paid on a prorated basis.
c. Retirement, life, and other benefits may be continued based on insurance provider’s approval. Generally, continuation of these benefits is contingent upon whether the FMLA leave is paid or unpaid and what sources are paying the employee’s wages. Benefit continuation is subject to change based on individual insurance providers’ provisions. Employer contributions to the 401K plan will be adjusted and based on wages paid by Tooele City (i.e. does not include unpaid, disability, or worker’s compensation wages).
d. While on paid FMLA leave, Tooele City will continue to make payroll deductions to collect any portion of the employee’s share of the premiums.
e. While on unpaid FMLA leave, the employee must continue to pay any portion of the employee’s share of the health premiums (and any other benefits the employee desires to continue) and may do so in person or by mail. The payment will be due in the Finance Department by the 15th day of each month. The employee will be deemed delinquent if the payment is more than 30 days late and alternative payment arrangements have not been made with Tooele City. Failure to make timely premium payments may result in cancellation of benefits. Tooele City may recover the costs incurred for paying the employee’s share of any premiums, whether or not the employee returns to work, including seeking recovery through civil court. Tooele City may also seek retroactive termination of insurance coverage with the insurance provider. Tooele City may recover from an employee both the employee’s and/or employer’s share of any premiums paid during a period of unpaid FMLA leave if the employee fails to return to work after the employee’s FMLA leave entitlement has been exhausted or expires, unless the reason the employee does not return is due to: 1) the continuation, recurrence, or onset of either a serious health condition of the employee or the employee’s family member, or a serious injury or illness of a covered servicemember, which would otherwise entitle the employee to leave under FMLA; or 2) other circumstances beyond the employee’s control.
b. Tooele City may choose to exempt certain key employees from this requirement and not return them to the same or similar position.
a. Paid Leave Benefit Substitution. Tooele City has elected the statutory provision under the FMLA permitting an employer to require employees to take any accrued paid annual, sick leave, or comp-time (i.e. paid FMLA leave or “substitution of paid leave”) and have it run concurrently with any FMLA leave, to the extent that the reason for the leave complies with permissible uses as specified in this and other Sections regarding paid leave herein this Manual. Before being eligible for unpaid FMLA leave, an employee is required to substitute any accrued and qualifying paid leave to bring the employee to 100% of his/her wage at the time FMLA starts. In cases of varying schedules, the required substitution will be calculated as the average weekly wage earned during 12 months prior to commencing FMLA leave. While substituting paid leave, an employee must follow the same terms and conditions of the City’s policy that apply to other employees for the use of such paid leave.
b. Disability or Worker’s Compensation Substitution. When substitution occurs and wages are paid in whole or part by a City-sponsored disability insurance provider (i.e. short-term disability or worker’s compensation insurance) the employee may elect to, but is not required to, supplement the insurance payment up to 100% of his/her pre-disability wage. This generally only occurs when FMLA is needed due to the serious medical condition of the employee.
9. INTERMITTENT FMLA LEAVE OR A REDUCED WORK SCHEDULE
a. An employee may take FMLA intermittently (i.e. take off work in 15 minute increments when needed or a day or two over the year when needed) or, under certain circumstances, may use the leave to reduce the workweek or workday, resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of 12 work weeks (or 26 work weeks to care for an injured or ill servicemember over a “12-month period”).
b. Tooele City may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule.
c. For the birth, adoption or foster care of a healthy child, Tooele City and the employee must mutually agree to the schedule before the employee may take the leave intermittently or work a reduced work schedule.
d. If the employee is taking leave for a serious health condition or because of the serious health condition of a family member, the employee should try to reach agreement with Tooele City before taking intermittent leave or working a reduced hour schedule. If this is not possible, then the employee must prove that the use of the leave is medically necessary.
e. An employee who has been approved for intermittent FMLA-protected leave must specifically reference either the FMLA qualifying reason for leave or give enough information to his/her supervisor so that it can be determined that the reason for the intermittent leave qualifies it as FMLA-protected leave. Calling in “sick” without providing more information will not be considered sufficient notice to trigger Tooele City’s obligations under the Act.
10. PROCEDURE FOR REQUESTING FMLA LEAVE
a. For (1) The birth of a child or in order to care for that child; or 2) The serious health condition of the employee:
2) Employees must then submit a completed Form #17, Certification of Health Care Provider for Employee’s Serious Health Condition.
3) The worker’s compensation insurance company’s approval of the employee’s need to be absent from work will satisfy the need to submit a completed Form #17, Certification of Health Care Provider for Employee’s Serious Health Condition.
4) Employees must provide Tooele City with at least 30 days notice prior to the need for leave, if possible. If it is not possible to give 30 days notice, the employee must give as much notice as is practicable. An employee who is to undergo planned medical treatment is required to make a reasonable effort to schedule the treatment in order to minimize disruptions to the workplace. If an employee fails to provide 30 days notice for foreseeable leave with no reasonable excuse for the delay, the leave request may be denied until at least 30 days from the date Tooele City receives notice.
5) While on leave, employees are requested to report periodically to Tooele City regarding the status of the medical condition and their intent to return to work. Tooele City may ask for additional updates.
6) The employee must respond to requests for certification or recertification within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave.
7) If the employee plans to take intermittent leave or work a reduced schedule, the certification must also include dates and the duration of treatment as well as a statement of medical necessity for taking intermittent leave or working a reduced schedule.
8) Tooele City has the right to ask for a second opinion if it has reason to doubt the certification. Tooele City will pay for the employee to get a certification from a second doctor, which the company will select. If necessary to resolve a conflict between the original certification and the second opinion, Tooele City will require the opinion of a third doctor. Tooele City and the employee will mutually select the third doctor, and the company will pay for the opinion. This third opinion will be considered final. The employee will be provisionally entitled to leave and benefits under the FMLA pending the second and/or third opinion.
1) An employee must provide at least verbal notice sufficient to make the City aware that the employee needs FMLA-qualifying leave, and the anticipated timing and duration of the leave.
3) Employees must provide Tooele City with at least 30 days notice prior to the need for leave, if possible. If it is not possible to give 30 days notice, the employee must give as much notice as is practicable. If an employee fails to provide 30 days notice for foreseeable leave with no reasonable excuse for the delay, the leave request may be denied until at least 30 days from the date Tooele City receives notice.
4) While on leave, employees are requested to report periodically to Tooele City regarding the status of the medical condition and their intent to return to work. Tooele City may ask for additional updates.
5) The employee must respond to requests for certification or recertification within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave.
6) If the employee plans to take intermittent leave or work a reduced schedule, the certification must also include dates and the duration of treatment as well as a statement of medical necessity for taking intermittent leave or working a reduced schedule.
d. For a Qualifying Exigency for Military Family Leave:
1) An employee must provide at least verbal notice sufficient to make the City aware that the employee needs FMLA-qualifying leave, and the anticipated timing and duration of the leave.
2) Employees requesting this type of FMLA leave must also submit a complete Form #19, Certification of a Qualifying Exigency for FMLA Military Family Leave. If such leave is foreseeable, employees are asked to provide as much notice as possible to Tooele City.
e. To Care for an injured or ill servicemember:
1) An employee must provide at least verbal notice sufficient to make the City aware that the employee needs FMLA-qualifying leave, and the anticipated timing and duration of the leave.
2) Employees requesting this type of FMLA leave must submit a complete Form #20, Certification for Serous Injury or Illness of Covered Servicemember – for FMLA Military Family Leave. If such leave is foreseeable, employees are asked to provide as much notice as possible to Tooele City.
a. Absent extenuating circumstances Tooele City will inform the employee, in writing, of the designation of leave as FMLA-qualifying leave within five business days after receipt of notification of the need for leave and if applicable, receipt of completed required documentation.
b. While leave is in progress or if upon returning from leave Tooele City learns that the reason for leave was an FMLA-qualifying reason, Tooele City may retroactively designate such leave while the leave is in progress or within two business days of the employee's return to work.
B. CITY APPROVED LEAVE OF ABSENCE
1. Leave of absence (LOA) is a term used to describe a period of time that an employee is to be away from his/her primary job, while maintaining the status of active employee. This term is in contrast to normal periods away from the workplace, such as vacations, holidays, annual leave, and sick leave in that they are considered to be exceptional circumstances, rather than routine or generally expected absences otherwise approved through department absentee policies. Leave of absence (LOA) is also a term used to describe a period of time that an employee who accrues paid leave benefits needs to be away from work and does not have paid leave available to cover the absence. Generally a leave of absence has a predefined conclusion date or is expected to conclude after a certain event has occurred.
2. Tooele City will consider approval of a City Approved Leave of Absence when FMLA leave is exhausted, when the reason for the leave does not qualify under the FMLA, or when an employee is ineligible for FMLA protected leave. Employees may apply for a City Approved Leave of Absence by submitting an Application for Leave (Form #16). Tooele City may request additional documentation verifying the need for leave.
3. A City Approved Leave of Absence is not an acquired right by employees and is granted by the Mayor and Department Head, at the discretion of the City, and then only when the City work is not adversely affected and only when the absence does not create a hardship to Tooele City or other employees.
4. Examples of circumstances where a leave of absence may be considered include, but are not limited to: employee’s illness when it is determined that the employee may be able to return within one year; an ailing child or spouse; or, a family crisis or hardship that requires the employee to be absent from work.
5. Examples of circumstances where a leave of absence will be denied include, but are not limited to: pursuit of other employment or job opportunities; volunteer service; recreation or travel; or, education. The Mayor has the discretion to approve such absence contingent upon the supervisor or department head taking action to notify the employee of the need to better manage paid leave benefits in anticipation of the known or unknown need for future leave for reasons such as these.
6. A City Approved Leave of Absence may not exceed one year unless doing so is determined, by Tooele City, to be a reasonable accommodation in accordance with the Americans with Disabilities Act.
7. A City Approved Leave of Absence may be terminated prior to the expiration date thereof with the consent of the Mayor. Failure of an employee to report for duty promptly at the expiration date of the leave or violation of an agreement of understanding entered into by the employee relative thereto is cause for discharge.
8. All eligible paid leave must be exhausted before an employee may take leave with reduced or no pay.
9. Leave of absences are classified as (a) Leave of absence with full or disability pay or (b) Leave of absence with partial or no pay. The following applies:
a. Leave of Absence with Full or Short-term Disability Pay. If an employee is absent from work and on short-term disability, or receiving compensation equal to 100% of their regular bi-weekly pay through a combination of comp-time, sick leave payments, or annual leave payments, the employee is classified as on a leave of absence with full pay.
1) The employee will be retained on Tooele City’s regular group plans under the same conditions that applied before leave commenced and will be subject to change if City plans or benefit contracts change. However, while on a City Approved leave of absence with full or disability pay, an employee will accrue sick leave, annual leave, and/or holiday pay on a prorated basis based on hours they are being paid for each pay period (i.e. using paid leave, actual hours worked, or any combination thereof). An employee will not lose, and pursuant to specific benefit provisions, may use any benefits that accrued before the date the leave began.
2) To continue group coverage, the employee must make the normal employee premium. Failure to pay premiums may result in loss of coverage. While on a leave of absence with full pay, the employee-paid portion of the group health plan benefit premiums are deducted from the employee’s check as usual. When the need for a leave of absence with full pay is foreseeable, the employee may elect to pre-pay their-paid portion of the group benefit plan premiums through increased payroll deductions before the leave is taken. When the need for a leave of absence with full pay is not foreseeable, the employee may elect to be billed monthly for their portion of the group benefit premiums. If the employee-paid portion of the group benefit premiums is more than 30 days late, the City’s obligation to maintain group health plan insurance coverage will cease. The benefits the employee is normally eligible for remain in effect as provided for and allowed by the insurance provider. Tooele City will continue to pay their portion of the insurance premiums. Due to contractual changes and legal requirements, such coverage may change.
3) An employee will receive credit for service time while on an approved leave of absence with full or short-term disability pay.
b. Leave of Absence with Partial or No Pay. If an employee is not on short-term disability, and receiving compensation that is less than 100% of their regular bi-weekly pay due to no payment or reduced payment through a combination of comp-time, sick leave payments, annual leave payments, or long-term disability payments, the employee is classified as on a leave of absence with partial or no pay.
1) Benefits will continue provided the employee’s reduced compensation meets the eligibility requirement for the benefit (i.e. hours worked and employment status). Benefits do not continue if the employee’s reduced compensation falls below the eligibility requirements for the benefit (i.e. hours worked and employment status). It is possible that an employee may remain eligible for some, but not all benefits due to the eligibility requirements for each benefit.
2) When an employee becomes ineligible for benefit continuation, benefits will terminate effective the last day of the pay period in which the employee became ineligible. (i.e. a week occurred where an employee charged only 16 hours of leave, benefits will terminate the last Saturday of the pay period). The employee may re-enroll once the employee has met the eligibility requirements. Employees and their dependents that lose coverage may cover gaps in their insurance coverage pursuant to COBRA continuation coverage. Employees and their dependent will subsequently be subject to re-enrollment and possibly pre-existing provisions.
C. LEAVE OF ABSENCE FOR EMPLOYEES APPOINTED TO OTHER POSITIONS
An employee will be placed on an automatic leave of absence in the event the employee is temporarily appointed to any other City position for the period of time the employee fills that position. Upon termination of the leave of absence the employee will be returned to the former position. Employees taking such a leave of absence will continue to be eligible for and accrue all benefits.
A. FAMILY & MEDICAL LEAVE ACT (FMLA Protected Leave)
Tooele City complies with the Family and Medical Leave Act of 1993 (FMLA), as amended, and the expansion of FMLA under The Support for Injured Service Members Act of 2007. The following is a summary of the main provisions of the FMLA. However, it is not a comprehensive recital of the law. Questions or further clarification may be obtained from the Tooele City Human Resource Department.
1. FMLA ELIGIBILITY
a. Employees are eligible for FMLA leave if they have worked for Tooele City for at least 12 months (52 weeks) and worked 1,250 hours of service during the 12-month period immediately before the commencement of the leave.
b. In determining the 12 months (52 weeks) worked for Tooele City, the 12 months need not be consecutive months. Employment periods prior to a break in service of seven years or more are not counted unless the employee’s break in service is occasioned by the fulfillment of his or her National Guard or Reserve military service obligations. The time served performing the military service must be also counted in determining whether the employee has been employed for at least 12 months. For FMLA eligibility purposes, an employee will be considered to have been employed for an entire week even if the employee was on the payroll for only part of the week or if the employee is on other paid leave during the week (i.e. sick leave, annual leave, worker’s compensation).
c. Time spent on paid (including disability or worker’s compensation payments) or unpaid leave is not counted in determining the 1,250 hours worked for FMLA eligibility purposes. Tooele City will include overtime hours as hours worked on an hour-for-hour basis regardless of whether they were paid out as overtime or as compensatory time.
2. FMLA DEFINITIONS
For purposes of this Section, the following terms have the stated meanings:
a. Parent means a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a child. Parent does not include parent-in-law.
b. Child means a biological, adopted, or foster child, a stepchild, a legal ward, legal guardian, or a child of a person standing in loco parentis who is either under 18, or age 18 or older and "incapable of self-care because of a mental or physical disability" except for FMLA leave due to military service the person does not have to be a minor.
c. In loco parentis means any person who has put him- or herself in the situation of a lawful parent by assuming the obligations incident to the parental relation without going through the formalities necessary for legal adoption. It embodies the two ideas of assuming the parental status and discharging the parental duties. Employees who have no biological or legal relationship with a child may nonetheless stand in loco parentis to the child and be entitled to FMLA leave. If there are questions about whether an employee’s relationship to a child is covered under FMLA, the City may require the employee to provide reasonable documentation or statement showing the family relationship. A simple statement asserting that the requisite family relationship exists is all that is needed in situations such as in loco parentis where there is no legal or biological relationship.
d. Next-of-kin of a covered service member means the nearest blood relative other than the covered servicemember’s spouse, parent, son, or daughter. The FMLA provides additional definitions regarding next of kin including order or priority or employee’s designation of next of kin.
e. “Serious health condition," for purposes of the FMLA, means an illness, injury, impairment, or physical or mental condition that:
1) Requires an overnight stay in a hospital, hospice, or residential medical care facility, including any period of incapacity (meaning the inability to work, attend school or perform other regular daily activities due to the serious health condition treatment therefore, or recovery there from) or any subsequent treatment in connection with such inpatient care;
2) Involves continuing treatment by a healthcare provider for incapacity and treatment. To qualify the incapacity must be for a period of more than three consecutive full calendar days from work, school, or other regular daily activities and include subsequent treatment or period of incapacity relating to the same condition. Subsequent treatment must include treatment by a health care provider on at least one occasion, which results in a regimen of continuing treatment under the supervision of the health care provider. Subsequent treatment must occur two or more times, within 30 days of the first day of incapacity, unless extenuating circumstances exist. Subsequent treatment may be performed by a health care provider, a nurse under direct supervision of a healthcare provider, or by a provider of health care services under orders of, or on referral by, a health care provider;
3) Any period of incapacity due to pregnancy, or for prenatal care;
4) Any period of incapacity (or treatment for such incapacity) due to a chronic serious health condition. A chronic serious health condition is one which (a) requires periodic visits at least twice a year for treatment by a health care provider, or by a nurse under direct supervision of a health care provider; (b) continues over an extended period of time (including recurring episodes of a single underlying condition); and (c) may cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.);
5) A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment, by a health care provider (e.g., Alzheimer's, stroke, terminal stages of a disease, etc.); or,
6) Any absences to receive multiple treatments (including any period of recovery there from) by, or on referral by, a health care provider for a condition for (a) restorative surgery after an accident or other injury; or (b) a condition that would likely result in a period of incapacity of more than three consecutive full calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.) severe arthritis (physical therapy), or kidney disease (dialysis).
3. BASIC FMLA LEAVE ENTITLEMENT
The FMLA provides up to 12 weeks of job protected leave to eligible employees for the following reasons:
a. For incapacity due to pregnancy, prenatal medical care, or child birth;
b. To care for the employee’s child after birth, or placement for adoption or foster care. Leave to care for a child following birth, for adoption, or for foster care must be taken within one year of the
birth or placement of the child;
c. To care for the employee’s spouse, child, or parent with a serious health condition; or,
d. For a serious health condition that makes the employee unable to perform the employee’s job.
2. MILITARY FMLA LEAVE ENTITLEMENT
a. Eligible employees with a spouse, child, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week FMLA leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. The FMLA does provide limitations on the amount of leave that can be used for certain qualifying exigencies.
b. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single “12-month period.” A covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. This is the only type of FMLA leave that may extend an employee’s leave entitlement beyond 12 weeks to 26 weeks. Other types of FMLA leave are added to this type of leave totaling the 26 weeks. If an eligible employee does not take all of his or her 26 workweeks of leave entitlement to care for a covered servicemember during this “single 12-month period,” the remaining part of his or her 26 workweeks of leave entitlement to care for the covered servicemember is forfeited.
4. CALCULATION OF 12 WEEKS / 26 WEEKS
a. 12 Weeks. In determining eligibility for FMLA leave the City will measure the 12-month period as a rolling 12-month period measured backward from the date an employee’s first FMLA use. Each time an employee requests leave, the City will compute the amount of FMLA leave the employee has taken in the last 12 months and subtract it from the 12 weeks of available FMLA leave. The balance remaining will be the amount the employee is entitled to take at that time. Note that this amount may change with each request for FMLA leave as periods of leave drop from the 12-month look back period resulting in leave coming available to the employee. When an employee’s work schedule varies from week to week, a weekly average of the hours worked over the 12 months prior to the beginning of the FMLA leave period is used to calculate the amount of FMLA leave available to the employee.
b. 26 Weeks. The “single 12-month period” to care for a covered servicemember begins on the first day the eligible employee takes FMLA leave to care for a covered servicemember and ends 12 months after that date. The “single 12-month period” is applied on a per-covered-servicemember, per-injury basis. An employee may be entitled to take more than one period of 26 workweeks of leave if the leave is to care for a different covered servicemember or to care for the same servicemember with a subsequent serious injury or illness, except that no more than 26 workweeks of leave may be taken within any “single 12-month period.”
5. BOTH SPOUSES ARE EMPLOYED BY CITY
If both spouses work for Tooele City and each wishes to take FMLA leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent with a serious health condition, they may only take a combined total of 12 weeks of leave. If both spouses work for Tooele City and each wishes to take leave to care for a covered injured or ill service member, the spouses may only take a combined total of 26 weeks of FMLA leave during the “single 12-month period.” These limitations do not apply where the reason for the leave is the serious health condition of either spouse or the serious health condition of a child. If either spouse is ineligible for FMLA leave, the eligible spouse retains full leave entitlement (i.e. they don’t have to split the leave).
6. EMPLOYEE BENEFITS DURING FMLA LEAVE
a. Tooele City will continue the employee’s health, dental, and vision benefits while on FMLA leave at the same level and under the same conditions as if the employee had continued to work.
b. Sick and annual leave will accrue on a prorated basis and may be retroactively recalculated as needed. Holiday pay will be paid on a prorated basis.
c. Retirement, life, and other benefits may be continued based on insurance provider’s approval. Generally, continuation of these benefits is contingent upon whether the FMLA leave is paid or unpaid and what sources are paying the employee’s wages. Benefit continuation is subject to change based on individual insurance providers’ provisions. Employer contributions to the 401K plan will be adjusted and based on wages paid by Tooele City (i.e. does not include unpaid, disability, or worker’s compensation wages).
d. While on paid FMLA leave, Tooele City will continue to make payroll deductions to collect any portion of the employee’s share of the premiums.
e. While on unpaid FMLA leave, the employee must continue to pay any portion of the employee’s share of the health premiums (and any other benefits the employee desires to continue) and may do so in person or by mail. The payment will be due in the Finance Department by the 15th day of each month. The employee will be deemed delinquent if the payment is more than 30 days late and alternative payment arrangements have not been made with Tooele City. Failure to make timely premium payments may result in cancellation of benefits. Tooele City may recover the costs incurred for paying the employee’s share of any premiums, whether or not the employee returns to work, including seeking recovery through civil court. Tooele City may also seek retroactive termination of insurance coverage with the insurance provider. Tooele City may recover from an employee both the employee’s and/or employer’s share of any premiums paid during a period of unpaid FMLA leave if the employee fails to return to work after the employee’s FMLA leave entitlement has been exhausted or expires, unless the reason the employee does not return is due to: 1) the continuation, recurrence, or onset of either a serious health condition of the employee or the employee’s family member, or a serious injury or illness of a covered servicemember, which would otherwise entitle the employee to leave under FMLA; or 2) other circumstances beyond the employee’s control.
7. EMPLOYEE STATUS AFTER FMLA LEAVE
a. An employee who takes FMLA leave will be able to return to the same position or a position with equivalent status, pay, benefits and other employment terms. The position will be the same or virtually identical in terms of pay, benefits and working conditions.
b. Tooele City may choose to exempt certain key employees from this requirement and not return them to the same or similar position.
8. SUBSTITUTION OF PAID LEAVE AND/OR DISABILITY INSURANCE
a. Paid Leave Benefit Substitution. Tooele City has elected the statutory provision under the FMLA permitting an employer to require employees to take any accrued paid annual, sick leave, or comp-time (i.e. paid FMLA leave or “substitution of paid leave”) and have it run concurrently with any FMLA leave, to the extent that the reason for the leave complies with permissible uses as specified in this and other Sections regarding paid leave herein this Manual. Before being eligible for unpaid FMLA leave, an employee is required to substitute any accrued and qualifying paid leave to bring the employee to 100% of his/her wage at the time FMLA starts. In cases of varying schedules, the required substitution will be calculated as the average weekly wage earned during 12 months prior to commencing FMLA leave. While substituting paid leave, an employee must follow the same terms and conditions of the City’s policy that apply to other employees for the use of such paid leave.
b. Disability or Worker’s Compensation Substitution. When substitution occurs and wages are paid in whole or part by a City-sponsored disability insurance provider (i.e. short-term disability or worker’s compensation insurance) the employee may elect to, but is not required to, supplement the insurance payment up to 100% of his/her pre-disability wage. This generally only occurs when FMLA is needed due to the serious medical condition of the employee.
9. INTERMITTENT FMLA LEAVE OR A REDUCED WORK SCHEDULE
a. An employee may take FMLA intermittently (i.e. take off work in 15 minute increments when needed or a day or two over the year when needed) or, under certain circumstances, may use the leave to reduce the workweek or workday, resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of 12 work weeks (or 26 work weeks to care for an injured or ill servicemember over a “12-month period”).
b. Tooele City may temporarily transfer an employee to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule.
c. For the birth, adoption or foster care of a healthy child, Tooele City and the employee must mutually agree to the schedule before the employee may take the leave intermittently or work a reduced work schedule.
d. If the employee is taking leave for a serious health condition or because of the serious health condition of a family member, the employee should try to reach agreement with Tooele City before taking intermittent leave or working a reduced hour schedule. If this is not possible, then the employee must prove that the use of the leave is medically necessary.
e. An employee who has been approved for intermittent FMLA-protected leave must specifically reference either the FMLA qualifying reason for leave or give enough information to his/her supervisor so that it can be determined that the reason for the intermittent leave qualifies it as FMLA-protected leave. Calling in “sick” without providing more information will not be considered sufficient notice to trigger Tooele City’s obligations under the Act.
10. PROCEDURE FOR REQUESTING FMLA LEAVE
a. For (1) The birth of a child or in order to care for that child; or 2) The serious health condition of the employee:
1) An employee must provide at least verbal notice sufficient to make the City aware that the employee needs FMLA-qualifying leave, and the anticipated timing and duration of the leave.
2) Employees must then submit a completed Form #17, Certification of Health Care Provider for Employee’s Serious Health Condition.
3) The worker’s compensation insurance company’s approval of the employee’s need to be absent from work will satisfy the need to submit a completed Form #17, Certification of Health Care Provider for Employee’s Serious Health Condition.
4) Employees must provide Tooele City with at least 30 days notice prior to the need for leave, if possible. If it is not possible to give 30 days notice, the employee must give as much notice as is practicable. An employee who is to undergo planned medical treatment is required to make a reasonable effort to schedule the treatment in order to minimize disruptions to the workplace. If an employee fails to provide 30 days notice for foreseeable leave with no reasonable excuse for the delay, the leave request may be denied until at least 30 days from the date Tooele City receives notice.
5) While on leave, employees are requested to report periodically to Tooele City regarding the status of the medical condition and their intent to return to work. Tooele City may ask for additional updates.
6) The employee must respond to requests for certification or recertification within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave.
7) If the employee plans to take intermittent leave or work a reduced schedule, the certification must also include dates and the duration of treatment as well as a statement of medical necessity for taking intermittent leave or working a reduced schedule.
8) Tooele City has the right to ask for a second opinion if it has reason to doubt the certification. Tooele City will pay for the employee to get a certification from a second doctor, which the company will select. If necessary to resolve a conflict between the original certification and the second opinion, Tooele City will require the opinion of a third doctor. Tooele City and the employee will mutually select the third doctor, and the company will pay for the opinion. This third opinion will be considered final. The employee will be provisionally entitled to leave and benefits under the FMLA pending the second and/or third opinion.
b. To care for a spouse, child or parent with a serious health condition:
1) An employee must provide at least verbal notice sufficient to make the City aware that the employee needs FMLA-qualifying leave, and the anticipated timing and duration of the leave.
2) Employees must then submit a complete Form #18, Certification of Health Care Provider for Family Member’s Serious Heath Condition.
3) Employees must provide Tooele City with at least 30 days notice prior to the need for leave, if possible. If it is not possible to give 30 days notice, the employee must give as much notice as is practicable. If an employee fails to provide 30 days notice for foreseeable leave with no reasonable excuse for the delay, the leave request may be denied until at least 30 days from the date Tooele City receives notice.
4) While on leave, employees are requested to report periodically to Tooele City regarding the status of the medical condition and their intent to return to work. Tooele City may ask for additional updates.
5) The employee must respond to requests for certification or recertification within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave.
6) If the employee plans to take intermittent leave or work a reduced schedule, the certification must also include dates and the duration of treatment as well as a statement of medical necessity for taking intermittent leave or working a reduced schedule.
c. The placement of a child for adoption or foster care and to care for the newly placed child:
An employee must provide at least verbal notice sufficient to make the City aware that the employee needs FMLA-qualifying leave, and the anticipated timing and duration of the leave.
d. For a Qualifying Exigency for Military Family Leave:
1) An employee must provide at least verbal notice sufficient to make the City aware that the employee needs FMLA-qualifying leave, and the anticipated timing and duration of the leave.
2) Employees requesting this type of FMLA leave must also submit a complete Form #19, Certification of a Qualifying Exigency for FMLA Military Family Leave. If such leave is foreseeable, employees are asked to provide as much notice as possible to Tooele City.
e. To Care for an injured or ill servicemember:
1) An employee must provide at least verbal notice sufficient to make the City aware that the employee needs FMLA-qualifying leave, and the anticipated timing and duration of the leave.
2) Employees requesting this type of FMLA leave must submit a complete Form #20, Certification for Serous Injury or Illness of Covered Servicemember – for FMLA Military Family Leave. If such leave is foreseeable, employees are asked to provide as much notice as possible to Tooele City.
11. DESIGNATING LEAVE AS FMLA LEAVE
a. Absent extenuating circumstances Tooele City will inform the employee, in writing, of the designation of leave as FMLA-qualifying leave within five business days after receipt of notification of the need for leave and if applicable, receipt of completed required documentation.
b. While leave is in progress or if upon returning from leave Tooele City learns that the reason for leave was an FMLA-qualifying reason, Tooele City may retroactively designate such leave while the leave is in progress or within two business days of the employee's return to work.
1. Leave of absence (LOA) is a term used to describe a period of time that an employee is to be away from his/her primary job, while maintaining the status of active employee. This term is in contrast to normal periods away from the workplace, such as vacations, holidays, annual leave, and sick leave in that they are considered to be exceptional circumstances, rather than routine or generally expected absences otherwise approved through department absentee policies. Leave of absence (LOA) is also a term used to describe a period of time that an employee who accrues paid leave benefits needs to be away from work and does not have paid leave available to cover the absence. Generally a leave of absence has a predefined conclusion date or is expected to conclude after a certain event has occurred.
2. Tooele City will consider approval of a City Approved Leave of Absence when FMLA leave is exhausted, when the reason for the leave does not qualify under the FMLA, or when an employee is ineligible for FMLA protected leave. Employees may apply for a City Approved Leave of Absence by submitting an Application for Leave (Form #16). Tooele City may request additional documentation verifying the need for leave.
3. A City Approved Leave of Absence is not an acquired right by employees and is granted by the Mayor and Department Head, at the discretion of the City, and then only when the City work is not adversely affected and only when the absence does not create a hardship to Tooele City or other employees.
4. Examples of circumstances where a leave of absence may be considered include, but are not limited to: employee’s illness when it is determined that the employee may be able to return within one year; an ailing child or spouse; or, a family crisis or hardship that requires the employee to be absent from work.
5. Examples of circumstances where a leave of absence will be denied include, but are not limited to: pursuit of other employment or job opportunities; volunteer service; recreation or travel; or, education. The Mayor has the discretion to approve such absence contingent upon the supervisor or department head taking action to notify the employee of the need to better manage paid leave benefits in anticipation of the known or unknown need for future leave for reasons such as these.
6. A City Approved Leave of Absence may not exceed one year unless doing so is determined, by Tooele City, to be a reasonable accommodation in accordance with the Americans with Disabilities Act.
7. A City Approved Leave of Absence may be terminated prior to the expiration date thereof with the consent of the Mayor. Failure of an employee to report for duty promptly at the expiration date of the leave or violation of an agreement of understanding entered into by the employee relative thereto is cause for discharge.
8. All eligible paid leave must be exhausted before an employee may take leave with reduced or no pay.
9. Leave of absences are classified as (a) Leave of absence with full or disability pay or (b) Leave of absence with partial or no pay. The following applies:
a. Leave of Absence with Full or Short-term Disability Pay. If an employee is absent from work and on short-term disability, or receiving compensation equal to 100% of their regular bi-weekly pay through a combination of comp-time, sick leave payments, or annual leave payments, the employee is classified as on a leave of absence with full pay.
1) The employee will be retained on Tooele City’s regular group plans under the same conditions that applied before leave commenced and will be subject to change if City plans or benefit contracts change. However, while on a City Approved leave of absence with full or disability pay, an employee will accrue sick leave, annual leave, and/or holiday pay on a prorated basis based on hours they are being paid for each pay period (i.e. using paid leave, actual hours worked, or any combination thereof). An employee will not lose, and pursuant to specific benefit provisions, may use any benefits that accrued before the date the leave began.
2) To continue group coverage, the employee must make the normal employee premium. Failure to pay premiums may result in loss of coverage. While on a leave of absence with full pay, the employee-paid portion of the group health plan benefit premiums are deducted from the employee’s check as usual. When the need for a leave of absence with full pay is foreseeable, the employee may elect to pre-pay their-paid portion of the group benefit plan premiums through increased payroll deductions before the leave is taken. When the need for a leave of absence with full pay is not foreseeable, the employee may elect to be billed monthly for their portion of the group benefit premiums. If the employee-paid portion of the group benefit premiums is more than 30 days late, the City’s obligation to maintain group health plan insurance coverage will cease. The benefits the employee is normally eligible for remain in effect as provided for and allowed by the insurance provider. Tooele City will continue to pay their portion of the insurance premiums. Due to contractual changes and legal requirements, such coverage may change.
3) An employee will receive credit for service time while on an approved leave of absence with full or short-term disability pay.
b. Leave of Absence with Partial or No Pay. If an employee is not on short-term disability, and receiving compensation that is less than 100% of their regular bi-weekly pay due to no payment or reduced payment through a combination of comp-time, sick leave payments, annual leave payments, or long-term disability payments, the employee is classified as on a leave of absence with partial or no pay.
1) Benefits will continue provided the employee’s reduced compensation meets the eligibility requirement for the benefit (i.e. hours worked and employment status). Benefits do not continue if the employee’s reduced compensation falls below the eligibility requirements for the benefit (i.e. hours worked and employment status). It is possible that an employee may remain eligible for some, but not all benefits due to the eligibility requirements for each benefit.
2) When an employee becomes ineligible for benefit continuation, benefits will terminate effective the last day of the pay period in which the employee became ineligible. (i.e. a week occurred where an employee charged only 16 hours of leave, benefits will terminate the last Saturday of the pay period). The employee may re-enroll once the employee has met the eligibility requirements. Employees and their dependents that lose coverage may cover gaps in their insurance coverage pursuant to COBRA continuation coverage. Employees and their dependent will subsequently be subject to re-enrollment and possibly pre-existing provisions.
C. LEAVE OF ABSENCE FOR EMPLOYEES APPOINTED TO OTHER POSITIONS
An employee will be placed on an automatic leave of absence in the event the employee is temporarily appointed to any other City position for the period of time the employee fills that position. Upon termination of the leave of absence the employee will be returned to the former position. Employees taking such a leave of absence will continue to be eligible for and accrue all benefits.
SECTION 28: MILITARY LEAVE (pdf.)
A. PURPOSE
This Section establishes Tooele City’s policies and procedures for short-term and long-term military leave for employees who are members of the uniformed services, including Reservists and National Guard members, and are absent for training, periods of active military service, funeral honors duty, and time spent being examined to determine fitness to perform. This Section is intended to comply with and be administered in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). In the event a benefit plans or contracts conflict with this policy, the official plan documents will prevail.
B. SHORT-TERM MILITARY LEAVE PAY
Short-term military leave is leave of less than 31 days in duration.
C. EXTENDED MILITARY LEAVE
Extended military leave is leave greater than 30 days in duration.
D. REINSTATEMENT RIGHTS & RESPONSIBILITIES
Reinstatement rights extend to individuals who have been absent because of performing duty in the uniformed services will follow the Uniformed Services Employment and Reemployment Rights Act (USERRA).
F. LIFE INSURANCE & DISABILITY EXCLUSIONS
Employees are advised that most City-sponsored life, accidental death and dismemberment (AD&D), and disability insurance policies contain exclusions for claims resulting from acts of war or service-connected activities. Employees are encouraged to review their military-provided life insurance for coverage during their period of active service.
G. FAMILY MEDICAL LEAVE ACT MILITARY LEAVE (FMLA)
Time spent on military leave will be counted toward the employee’s entitlement to qualifying FMLA leave, if applicable. The FMLA also provides job-protected leave in some military circumstances. Reference the City’s FMLA policy for more information.
A. PURPOSE
This Section establishes Tooele City’s policies and procedures for short-term and long-term military leave for employees who are members of the uniformed services, including Reservists and National Guard members, and are absent for training, periods of active military service, funeral honors duty, and time spent being examined to determine fitness to perform. This Section is intended to comply with and be administered in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). In the event a benefit plans or contracts conflict with this policy, the official plan documents will prevail.
B. SHORT-TERM MILITARY LEAVE PAY
Short-term military leave is leave of less than 31 days in duration.
1. Regular and appointed status employees are provided up to eleven (11) days of paid short-term military leave per calendar year (January 1 to December 31). Paid short-term military leave may be used to bring the employee’s compensation up to their regular salary based on their normal work schedule (for administrative purposes, police may be temporarily calculated to a 42-hour, M-F schedule). Each use is counted as a full-day; hours are not banked or accumulated. Unused days are forfeited and are not carried over.
2. Employees who are not eligible for paid military leave, or whose leave exceeds the eleven (11) paid days, may elect, but are not required, to use their comp time or annual leave in increments up to their normal work schedule.
3. In accordance with the Fair Labor Standards Act (FLSA), exempt employees’ salaries may be reduced for one or more full-day absences due to short-term military leave after paid short-term military leave has been exhausted.
4. Benefits remain in effect during short-term military leave as if continuously employed. During this period, employees are responsible for employee share of any premiums, which will continue to be processed via payroll deduction. In the event that leave is unpaid, employees may remit premium in advance or via a catch-up payroll deduction within 30 days upon return from leave. Benefits based on hours worked or leave used (i.e. leave accruals and paid holidays) are administered consistently with City policies for employees on comparable forms of paid and unpaid leave.
5. Employees are expected to provide advance notice of military service to their supervisor, preferably at least four (4) weeks in advance, unless military necessity prevents such notice or it is otherwise impossible or unreasonable. Employees should provide a copy of their military orders, when available, identifying the dates and nature of service. A copy of such documentation must also be forwarded to the human resource office.
C. EXTENDED MILITARY LEAVE
Extended military leave is leave greater than 30 days in duration.
1. An employee whose leave exceeds 30 days may, but are not required to, use accrued annual leave or comp time in increments up to their normal work schedule.
2. Benefits terminate the day the employee becomes active military, except:
a. Pursuant to USERRA employees may elect to continue their City-sponsored health insurance for up to twenty-four (24) months. During this period, the City is no longer responsible for the employer’s portion of the premium; employees electing to continue coverage may be required to pay up to 102% of the full premium cost (the total cost of the plan plus a 2% administrative fee).
b. For retirement plan required employee contribution (i.e. URS Tier 2), employees may elect to continue making their contributions during their leave through payroll using accrued annual leave or comp time or by remitting personal payment to the City. Employees may also elect to make their missed contribution when they return.
c. For life insurance, coverage may continue pursuant to plan provisions.
d. Employees do not accrue paid leave, except leave accrual may be prorated based on annual leave or comp time used.
Contact the human resources office for specific benefit provisions and options.
D. REINSTATEMENT RIGHTS & RESPONSIBILITIES
Reinstatement rights extend to individuals who have been absent because of performing duty in the uniformed services will follow the Uniformed Services Employment and Reemployment Rights Act (USERRA).
1. To maintain reemployment rights, employees must report back to work or apply for reemployment within the following time frames:
a. Service of 1–30 days. The beginning of the first regularly scheduled work period on the first full calendar day following completion of service (allowing for safe travel home and an 8-hour rest period).
b. Service of 31–180 days. An application for reemployment must be submitted no later than 14 days after completion of service.
c. Service of 181+ days. An application for reemployment must be submitted no later than 90 days after completion of service.
2. Upon reinstatement, employees receive the pay level they would have reached during their extended military leave and credit for the purpose of computing service-related benefit accrual, service time, and other seniority-related purposes pay.
3. Upon reinstatement, benefits become effective upon return to work.
a. With respect to the URS retirement plans, upon reinstatement, the City will remit payment to the Utah State Retirement Office (URS) for the City and employee share of the premiums. If an employee chose not to pay their required premium during their leave, they are provided a period equal to three times the length of the military service (not to exceed five years) to remit payment to the City for the principal amount of their missed contributions (the City bears the cost for any interest charged by the URS).
b. With respect to the City’s 401(k) and other savings plans, upon reinstatement, the City will remit any non-elective employer contributions (i.e. flat percentage contribution) to the URS office. For matching programs, the City will remit the matching portion only to the extent the employee elects to make up their missed deferrals. Employees returning from unpaid military leave may make up elective deferrals pursuant to USERRA and IRS rules.
4. Tooele City reserves the right to request employees provide military discharge documentation that establishes the timeliness of the application for reemployment and length and character of the employee's military service.
E. REEMPLOYMENT ELIGIBILITY – FIVE-YEAR SERVICE LIMITATON1. In accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA), employees who are absent from employment due to military service are generally entitled to reemployment rights for a cumulative period of up to five (5) years. The five-year limit is measured as the total length of military service performed during the employee’s employment, regardless of the number or frequency of absences. Certain types of military service are excluded from the limit, including but not limited to:
a. Required training obligations (e.g., weekend drills and annual training)
b. Involuntary active duty or service performed under orders during a national emergency or war
c. Other service required or exempted under applicable law
As a result, employees may remain eligible for reemployment rights even if their total time away for military service exceeds five (5) years, provided that the excess service falls within one or more of these excluded categories.
2. The City will evaluate military service on a case-by-case basis to determine eligibility for reemployment in accordance with USERRA and applicable regulations.
F. LIFE INSURANCE & DISABILITY EXCLUSIONS
Employees are advised that most City-sponsored life, accidental death and dismemberment (AD&D), and disability insurance policies contain exclusions for claims resulting from acts of war or service-connected activities. Employees are encouraged to review their military-provided life insurance for coverage during their period of active service.
G. FAMILY MEDICAL LEAVE ACT MILITARY LEAVE (FMLA)
Time spent on military leave will be counted toward the employee’s entitlement to qualifying FMLA leave, if applicable. The FMLA also provides job-protected leave in some military circumstances. Reference the City’s FMLA policy for more information.
SECTION 29: BENEFITS (pdf.)
A. PURPOSE
This Section establishes Tooele City’s policies and procedures for select benefit-related matters, provides general information about the City’s benefit programs, and summarizes employee benefit eligibility.
This Section does not establish a contract or guarantee future benefit coverage or eligibility. Tooele City reserves the right to change, modify, or discontinue benefits at any time. Many benefits are administered by third-parties. Detailed benefit information is available through the Human Resource Department, the insurance providers, or their websites. In the event of any conflict between this Section and provider’s plan documents, contracts, or governing documents, the provider’s applicable documents or contracts will control.
B. BENEFIT ELIGIBILITY
Benefit eligibility is based on employment status, schedule status, and benefit provider contracts. In general, eligibility is as follows:
Prorated = Benefits are prorated as percentage of hours worked as compared to a 40-hour schedule. See specific policies regarding benefits for additional information.
Prorated = Benefits are prorated as percentage of hours worked as compared to a 40-hour schedule. See specific policies regarding benefits for additional information.
C. FLEX / CAFETERIA PLANS
Tooele City offers Flexible Spending / Cafeteria Reimbursement Accounts, which allows employees to pay for eligible benefits and expenses using pre-tax dollars. This can lower taxable income, but may slightly reduce future Social Security benefits. Employees should contact the Human Resource Department or the plan administrator for plan details.
D. HEALTH SAVINGS ACCOUNT (HSA)
Tooele City offers a Health Savings Account (HSA) option for eligible employees enrolled in a qualifying high-deductible health plan. Eligibility, contributions, and use of funds are governed by IRS rules and official plan documents. Employee contributions are made through payroll deductions, and the City may also contribute as approved through the annual budget process. HSA funds may be used for eligible medical expenses, and employees are responsible for using their accounts in compliance with all applicable requirements.
E. UTAH STATE RETIREMENT PLAN
Employees are enrolled in a Utah State Retirement plan according to laws and regulations.
URS allows certain positions to be exempt from Tier 2 vesting requirements. Tooele City has designated full-time, benefit eligible mayoral-appointed department heads as positions eligible to request exemptions from the four (4) year vesting requirement. Because exemption rules are complex and governed by URS policy and statute, employees seeking an exemption must contact the URS office for questions.
Full-time elected officials in Tier 2 participate only in the Defined Contribution plan and are automatically exempt from the four (4) year vesting requirement.
Tier 2 part-time elected officials are not eligible to participate in URS plans under Utah law. To provide comparable benefits for both Tier 1 and Tier 2 part-time elected officials, Tooele City will contribute to the official’s URS Traditional 401(k) plan an amount equal to the URS Tier 2 Normal Cost Rate. This rate is established annually by URS. These contributions are combined with any other employer 401(k) contribution for purpose of the Internal Revenue Service (IRS) contribution limitations and may be reduced if those limits are reached.
4. Due to the complexity of the plans, employees should refer to the materials prepared by the URS Office regarding questions concerning the systems. Employees can also contact the URS Office, 540 East 200 South, Salt Lake City, Utah 84102. Their telephone number is available from the Human Resource Department.
5. Participation in and benefits provided through the Utah State Retirement Systems (URS) are governed by applicable state statutes, URS administrative rules, and URS plan documents. While Tooele City administers participation in URS for eligible employees, the City does not determine eligibility requirements, benefit levels, contribution rates, vesting provisions, or other plan terms established by URS. In the event of any conflict between this policy and URS statutes, rules, or plan provisions, the applicable URS requirements will control.
F. RETIREMENT SAVINGS PLANS
Tooele City provides eligible employees with access to Traditional 401(k), Roth 401(k), Traditional 457, Roth 457, Traditional IRA, and Roth IRA savings plans administered by the Utah State Retirement System (URS).
H. COBRA CONTINUATION COVERAGE
Under the federal Consolidated Omnibus Budget Reconciliation Act (COBRA), employees and their eligible dependents may continue group health, dental, or flexible spending insurance coverage when it would otherwise end due to specific qualifying events. These events include termination of employment (except for gross misconduct), a reduction in hours, the death of an employee, divorce or legal separation, or a dependent child losing eligibility.
It is the responsibility of the employee or a covered individual to notify the Human Resource Department within 60 days of a change in status; failure to do so may result in the loss of continuation rights.
Once a qualifying event occurs, a written notice is provided to the employee and/or sent to the address or email on file, after which there is a 60-day grace period to elect coverage. If coverage is not formally elected, it will end effective the date of the qualifying event (except when a dependent turns 26, in which case coverage ends at the end of the month).
While COBRA coverage is identical to that offered to active employees, the insured is responsible for the full cost plus a permitted administrative fee. Generally, coverage lasts 18 months for employment changes and 36 months for other qualifying events, though extensions may be available for second qualifying events or for those receiving Social Security Disability benefits. Coverage may be terminated early if the City ceases to provide group health plans, premiums are not paid timely, the individual becomes entitled to Medicare, or the individual becomes covered under another group plan.
For specific questions or to report a life event, contact the Human Resource Department or the insurance provider directly.
A. PURPOSE
This Section establishes Tooele City’s policies and procedures for select benefit-related matters, provides general information about the City’s benefit programs, and summarizes employee benefit eligibility.
This Section does not establish a contract or guarantee future benefit coverage or eligibility. Tooele City reserves the right to change, modify, or discontinue benefits at any time. Many benefits are administered by third-parties. Detailed benefit information is available through the Human Resource Department, the insurance providers, or their websites. In the event of any conflict between this Section and provider’s plan documents, contracts, or governing documents, the provider’s applicable documents or contracts will control.
B. BENEFIT ELIGIBILITY
Benefit eligibility is based on employment status, schedule status, and benefit provider contracts. In general, eligibility is as follows:
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Full-Time Employees |
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Full-time Regular or Appointed |
Full-time Mayor |
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|
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40 Hours |
30-39.75 Hours |
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401K / Roth 401k / 457 / Roth 457 |
Yes |
Yes |
Yes |
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Annual Leave |
Yes |
Prorated |
N/A |
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Dental |
Yes |
Yes |
Yes |
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EAP Program |
Yes |
Yes |
Yes |
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Education Reimbursement |
Yes |
Yes |
No |
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Flexible Spending Account |
Yes |
Yes |
Yes |
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Holiday Pay |
Yes |
Prorated |
N/A |
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IRA/Roth IRA |
Yes |
Yes |
Yes |
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Leave - Funeral, Jury & Witness, and Military |
Yes |
Prorated |
N/A |
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Life Insurance & AD&D |
Yes |
Yes |
Yes |
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Long-term Disability |
Yes |
Yes |
Yes |
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Medical – Health Insurance or Waiver payment in lieu of coverage if evidence of other coverage is provided to Tooele City |
Yes |
Yes |
Yes |
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Short-term Disability |
Yes |
Yes |
No |
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Sick Leave |
Yes |
Prorated |
N/A |
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State Retirement Benefits |
Yes |
Yes |
Yes |
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Vision |
Yes |
Yes |
Yes |
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Wellness/Recreation Pass |
Yes |
Yes |
Yes |
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Worker's Compensation |
Yes |
Yes |
Yes |
Prorated = Benefits are prorated as percentage of hours worked as compared to a 40-hour schedule. See specific policies regarding benefits for additional information.
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Part-time Employees |
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Part-time Regular or Appointed |
Part-time Elected Officials |
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20-29.75 hours |
1-19.75 hours |
Part-time Mayor |
Part-time Council Member |
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401K / Roth 401k / 457 / Roth 457 |
Yes but no City Contribution |
Yes but no City Contribution |
Yes |
Yes |
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Annual Leave |
Prorated |
Prorated |
No |
No |
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Dental |
No |
No |
Yes |
Yes |
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EAP Program |
No |
No |
Yes |
Yes |
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Education Reimbursement |
No |
No |
No |
No |
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Flexible Spending Account |
Yes |
No |
Yes |
Yes |
|
Holiday Pay |
Prorated |
Prorated |
N/A |
N/A |
|
IRA/Roth IRA |
Yes |
Yes |
Yes |
Yes |
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Leave - Funeral, Jury & Witness, and Military |
Prorated |
Prorated |
N/A |
N/A |
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Life Insurance & AD&D |
No |
No |
Yes |
Yes |
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Long-term Disability |
Yes |
No |
Tier 1 = Yes, If salary meets URS eligibility criteria
Tier 2 = No |
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Medical – Health Insurance, or Waiver payment in lieu of coverage if evidence of other coverage is provided to Tooele City |
No *See Variable Hour Employee Table for calculation of eligibility due to PPACA, if deemed applicable to a part-time employee) |
No |
Yes |
No *Council policy change effective July 2023 and moved waiver equivalent to compensation. |
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Short-term Disability |
No |
No |
No |
N/A |
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Sick Leave |
Prorated |
Prorated |
N/A |
N/A |
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State Retirement Benefits |
Yes |
No |
Tier 1 = Yes, If salary meets URS eligibility criteria
Tier 2 = No, but equivalent URS rate is put into 401k plan as defined in this Section |
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Vision |
No |
No |
Yes |
Yes |
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Wellness/Recreation Pass |
No |
No |
Yes |
Yes |
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Worker's Compensation |
Yes |
Yes |
Yes |
Yes |
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Prorated = Benefits are prorated as percentage of hours worked as compared to a 40-hour schedule. See specific policies regarding benefits for additional information.
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Variable Hour Employees Contingent: Temporary, Seasonal, Cyclical, or On-call |
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Medical – Health Insurance |
No, except an employee may become eligible pursuant to the Patient Protection and Affordable Care Act (PPACA) which requires coverage if an employee’s average workweek was greater than or equal to 30 hours/week following certain measurement periods. Tooele City has adopted the PPACA Safe Harbor provision for calculating the average workweek for variable hour employees as it applies to PPACA. The average workweek will be calculated as follows: New Hires - A newly hired employee’s average workweek will be calculated following an Initial Measurement Period of 12-month from date of hire. It will be calculated by adding all hours paid (even if not worked) and dividing the sum by 52. If the employee is deemed eligible, an administrative period will be applied from the end of the initial measurement period through the end of the second full pay period beginning after the end of the initial measurement period to provide time to facilitate enrollment. The employee remains eligible for coverage for a 12-month Stabilization Period provided employee premiums are paid and the employee remains an employee, or is on seasonal layoff status on payroll and employee premiums are paid. Ongoing - Once the Initial Measurement Period has passed, employee’s future eligibility will be determined pursuant to the City’s Standard Measurement Period which coincides with the City’s fiscal budget preparation each year. The average workweek will be calculated by adding all hours paid (even if not worked) between April 1 of the prior year and March 31 of the current year, and dividing the sum by 52. If the employee is deemed eligible pursuant to PPACA, an administrative period will be applied from April to June 30 to provide time to facilitate enrollment. Coverage becomes effective July 1 and the employee remains eligible for coverage for a 12-month Stabilization Period (the fiscal year) provided employee premiums are paid and the employee remains an employee, or is on seasonal layoff status on payroll and employee premiums are paid. Future eligibility will be determined by recalculating the Standard Measurement Period each respective year. Tooele City’s Cash-in-Lieu (Health Insurance Waiver) Payment is not available to Variable Hour employees who become eligible for health insurance coverage due to PPACA but decline coverage. Plan eligibility and premiums are established with each fiscal year budget. |
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Worker's Compensation |
Yes |
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No other benefits are offered to variable hour employees. |
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C. FLEX / CAFETERIA PLANS
Tooele City offers Flexible Spending / Cafeteria Reimbursement Accounts, which allows employees to pay for eligible benefits and expenses using pre-tax dollars. This can lower taxable income, but may slightly reduce future Social Security benefits. Employees should contact the Human Resource Department or the plan administrator for plan details.
1. Premium Only Plan - Allows eligible insurance premiums (medical, dental, vision, etc.) to be deducted from pay before taxes. Eligible employees are automatically enrolled. Employees who prefer post-tax deductions must submit a written declination to Human Resource Department.
2. FLEX / Cafeteria Health Care Reimbursement Account - Allows employees to set aside pre-tax money to pay for eligible out-of-pocket medical expenses (such as deductibles and copays). Employees must enroll each plan year (July 1 – June 30). Changes are only allowed with a qualifying life event. IRS limits, “use-it-or-lose-it,” and plan year rollover rules apply.
3. Limited FLEX /Cafeteria Health Care Reimbursement Account - Similar to the Health Care FLEX Account, but limited to dental and vision expenses only. This option is generally for employees who also participate in a Health Savings Account (HSA).
4. FLEX / Cafeteria Cash-in-Lieu (Waiver) - Allows eligible employees who have other qualifying health coverage, other than Tooele City’s group health plan, to receive a cash payment instead of enrolling in the City’s group health plan. Proof of other coverage is required each plan year. The cash payment is taxable income and is not retirement-eligible wages. Employees enrolled in Medicare or Medicaid are not eligible for this option.
5. FLEX / Cafeteria Dependent Care Reimbursement Account - Allows employees to use pre-tax money for eligible dependent care expenses. Employees must enroll each plan year (July 1 – June 30). Changes are only allowed with a qualifying life event. IRS limits and “use-it-or-lose-it” rules apply.
D. HEALTH SAVINGS ACCOUNT (HSA)
Tooele City offers a Health Savings Account (HSA) option for eligible employees enrolled in a qualifying high-deductible health plan. Eligibility, contributions, and use of funds are governed by IRS rules and official plan documents. Employee contributions are made through payroll deductions, and the City may also contribute as approved through the annual budget process. HSA funds may be used for eligible medical expenses, and employees are responsible for using their accounts in compliance with all applicable requirements.
E. UTAH STATE RETIREMENT PLAN
Employees are enrolled in a Utah State Retirement plan according to laws and regulations.
1. Tier 1 (For employees enrolled in the Utah State Retirement System prior to July 1, 2011)
a. Public Employees Contributory Retirement Plan
b. Public Employees Non-Contributory Retirement Plan
c. Public Safety Employees Non-Contributory Retirement Plan
d. Firefighter’s Non-Contributory Retirement Plan
Tier 1 plans include a benefits protection contract between the Utah State Retirement System (URS) and Tooele City that allows employees to accrue retirement service credit while on approved leave covered by worker’s compensation, the City’s group short-term disability insurance, or the City’s long-term disability insurance.
Tier 1 elected officials and appointed department heads may request to opt out of participation in the URS system (i.e. exempt). If approved, the City will instead contribute to the employee’s Traditional 401(k) plan an amount equal to the URS Total Cost Rate (normal cost plus amortization of Unfunded Actuarial Accrued Liability) that would have applied to the employee. This rate is set annually by the URS office and may change each year. These contributions count toward IRS contribution limits and may be reduced if those limits are reached.
Employees who opt out of Tier 1 participation are not covered by the benefit protection contract with URS. However, by policy, the City will continue retirement contributions while the employee is on approved leave covered by the City’s group short-term disability insurance and for up to three (3) months while on workers compensation leave. If the employee is approved for long-term disability benefits, or if the leave exceeds three (3) months, retirement benefit contributions will stop at the end of the applicable pay period unless continuation is required by law.
2. Tier 2 (For employees first entering the Utah State Retirement System after July 1, 2011)
a. Public Employees Defined Contribution Plan Only
b. Public Employees Hybrid Retirement Plan
c. Public Safety & Firefighter Employees Defined Contribution Plan Only
d. Public Safety & Firefighter Employees Hybrid Retirement Plan
Tier 2 plans include a benefit protection contract between the Utah State Retirement System (URS) and Tooele City that allows employees to continue earning retirement service credit and making required retirement contributions while on approved leave covered by worker’s compensation or the City’s group short-term disability insurance
Tier 2 plans do not provide benefit protection for periods of leave covered by the City’s long-term disability (LTD) insurance, except as required by law for sworn police officers and firefighters whose line-of-duty LTD benefits extend beyond workers compensation. If a Tier 2 employee is approved for long-term disability benefits, retirement benefit continuation and contributions will end at the close of the pay period in which the LTD benefits became effective, unless continuation is required by law.
URS allows certain positions to be exempt from Tier 2 vesting requirements. Tooele City has designated full-time, benefit eligible mayoral-appointed department heads as positions eligible to request exemptions from the four (4) year vesting requirement. Because exemption rules are complex and governed by URS policy and statute, employees seeking an exemption must contact the URS office for questions.
Full-time elected officials in Tier 2 participate only in the Defined Contribution plan and are automatically exempt from the four (4) year vesting requirement.
3. Tier 2 Part-time Elected Officials Equalization Benefit
Tier 2 part-time elected officials are not eligible to participate in URS plans under Utah law. To provide comparable benefits for both Tier 1 and Tier 2 part-time elected officials, Tooele City will contribute to the official’s URS Traditional 401(k) plan an amount equal to the URS Tier 2 Normal Cost Rate. This rate is established annually by URS. These contributions are combined with any other employer 401(k) contribution for purpose of the Internal Revenue Service (IRS) contribution limitations and may be reduced if those limits are reached.
4. Due to the complexity of the plans, employees should refer to the materials prepared by the URS Office regarding questions concerning the systems. Employees can also contact the URS Office, 540 East 200 South, Salt Lake City, Utah 84102. Their telephone number is available from the Human Resource Department.
5. Participation in and benefits provided through the Utah State Retirement Systems (URS) are governed by applicable state statutes, URS administrative rules, and URS plan documents. While Tooele City administers participation in URS for eligible employees, the City does not determine eligibility requirements, benefit levels, contribution rates, vesting provisions, or other plan terms established by URS. In the event of any conflict between this policy and URS statutes, rules, or plan provisions, the applicable URS requirements will control.
F. RETIREMENT SAVINGS PLANS
Tooele City provides eligible employees with access to Traditional 401(k), Roth 401(k), Traditional 457, Roth 457, Traditional IRA, and Roth IRA savings plans administered by the Utah State Retirement System (URS).
1. Employee Elective Deferrals - Employees may elect to have a portion of their wages deducted from their paycheck and deposited into one or more eligible retirement savings plans.
2. City Discretionary (Employer) Contributions - Tooele City may provide a discretionary employer contribution to eligible employees. The amount of any contribution is determined through the City’s fiscal year budget process and is discretionary in nature. A discretionary contribution is not guaranteed. City discretionary contributions are deposited as Traditional 401(k) contributions. Employees are 100% vested in City discretionary 401(k) contributions.
3. Automatic Enrollment in Roth 457 Plan & Auto Escalation – Employees hired on or after October 1, 2026 and who are also eligible for enrollment in the URS Tier 1 or Tier 2 retirement plan, will be automatically enrolled in the URS Roth 457 plan. Upon enrollment, two percent (2%) of their eligible compensation will be automatically deferred as a Roth contribution. The employee’s deferral rate will automatically increase by one percentage point (1%) each year, up to 10%, subject to applicable federal contribution limits and plan provisions.
a. Employees may elect to stop, decrease, or increase their deferrals or opt out of, change, or stop the automatic escalation at any time through their URS account.
b. Employee contributions made through automatic enrollment are immediately vested and may only be withdrawn in accordance with federal law and the provisions of the URS 457 Plan.
c. If permitted under the URS 457 Plan, an employee who has been automatically enrolled may elect, within ninety (90) days of the date the employee’s first automatic contribution is made, to withdraw the automatic contributions and related earnings in accordance with applicable federal law and plan provisions.
d. Unless an employee makes an affirmative investment election through their URS account, automatic contributions will be invested in the age-related Target Date Fund as outlined in the URS Summary Plan Description (SPD).
e. Employees will be provided general information regarding retirement savings resources and access to their URS online account and may obtain additional information and assistance directly from URS.
4. Plan Administration and Summary Plan Descriptions - The URS retirement savings plans are administered in accordance with applicable IRS regulations, URS plan documents, and their respective adoption agreements.
5. Self-Directed Plans - Participation in the retirement savings plans is voluntary and self-directed. Tooele City and its employees do not provide tax, legal, or investment advice regarding retirement savings plans. Any information provided by the City is for administrative or educational purposes only. Employees seeking financial, tax, or legal advice should consult a licensed professional.
6. The Tooele City Employees’ John Hancock Savings Plan was closed for new participants. Tooele City anticipates merging the John Hancock Plan with the URS Savings Plan at a future date. Timelines and merger details will be communicated with John Hancock Savings Plan participants when applicable.
G. PREMIUMS & HEALTH INSURANCE AUTO ENROLLMENT DEFAULT PLAN
1. Premiums – Insurance premiums are established with the fiscal budget and may vary based on employment and schedule status. Failure to pay premiums by the due date may result in cancelation of coverage.
2. Health Insurance Automatic Enrollment/Default Plan - Employees eligible for health insurance will be automatically enrolled in the least expensive plan offered to Tooele City employees at the time of eligibility unless the employee declines, waives, or makes another health insurance election within 60 days of eligibility.
H. COBRA CONTINUATION COVERAGE
Under the federal Consolidated Omnibus Budget Reconciliation Act (COBRA), employees and their eligible dependents may continue group health, dental, or flexible spending insurance coverage when it would otherwise end due to specific qualifying events. These events include termination of employment (except for gross misconduct), a reduction in hours, the death of an employee, divorce or legal separation, or a dependent child losing eligibility.
It is the responsibility of the employee or a covered individual to notify the Human Resource Department within 60 days of a change in status; failure to do so may result in the loss of continuation rights.
Once a qualifying event occurs, a written notice is provided to the employee and/or sent to the address or email on file, after which there is a 60-day grace period to elect coverage. If coverage is not formally elected, it will end effective the date of the qualifying event (except when a dependent turns 26, in which case coverage ends at the end of the month).
While COBRA coverage is identical to that offered to active employees, the insured is responsible for the full cost plus a permitted administrative fee. Generally, coverage lasts 18 months for employment changes and 36 months for other qualifying events, though extensions may be available for second qualifying events or for those receiving Social Security Disability benefits. Coverage may be terminated early if the City ceases to provide group health plans, premiums are not paid timely, the individual becomes entitled to Medicare, or the individual becomes covered under another group plan.
For specific questions or to report a life event, contact the Human Resource Department or the insurance provider directly.
SECTION 30: RETIRING & RETIREE BENEFITS (pdf.)
A. RETIREMENT NOTIFICATION
B. LIFETIME PASS TO CITY RECREATION FACILITIES
An employee who retires from Tooele City Corporation as their last employer and is credited with at least 10 years of service as a Tooele City full-time regular or appointed status employee is provided a lifetime individual wellness/recreation card, the use of which is to be consistent with Section 31 herein this Manual. The pass is non-transferrable.
C. COBRA CONTINUATION COVERAGE UPON RETIREMENT
Retirees may be eligible to continue certain benefits pursuant to COBRA continuation coverage. COBRA continuation is described in Section 29: Benefits, herein this Manual.
D. HEALTH & LIFE INSURANCE FOR RETIREES & RETIREE’S DEPENDENTS
Prior to retiring, employees are encouraged to carefully evaluate their rights and responsibilities regarding continuation of health insurance or other benefits following retirement. Although it is the intent of Tooele City to maintain insurance coverage as specified below, it is understood that insurance providers may change eligibility or coverage provisions for retirees at any time. Tooele City will make reasonable effort to include coverage in negotiations with 2nd party insurance carriers; however, if such carriers refuse to provide coverage on terms deemed reasonable by Tooele City, or if coverage is not available, the provisions below are subject to change and may impact past, current, and future retirees. If coverage lapses or changes, Tooele City will make reasonable effort to notify affected retirees.
E. RETIREE SICK LEAVE CONVERSION
3. Special Requirements if Converting to Buy Years to Retire -
a. Retirees may provide Tooele City with documentation from the Utah Retirement Office (URS) substantiating their desire to purchase years for the purpose of retiring at a specified date. When such documentation is provided and intent to retire is official, the employee may convert his/her sick leave to a cash payment, contingent upon employee purchasing years and retiring as specified in the documentation. Payment is made to the employee within the time period required by the URS Office and the employee then remits payment to the URS office. Employee are encouraged to consult with a tax advisor and the URS office about the possibility of deferring this payment to a URS 401k plan and the possibility of in-service transfer from plan to plan at the URS level.
b. If the employee fails to retire as committed, the employee is responsible for reversing such payment within 2 weeks and will be responsible for any taxes, fees, penalties, etc. incurred to do so.
F. PUBLIC SAFETY MENTAL HEALTH RETIREE BENEFITS
Consistent with Utah Code Title 54, Chapter 21, Mental Health Resources for First Responders, Tooele City provides mental health resources through our Employee Assistance Program (EAP) benefits to eligible first responders and the spouses of retired first responders (Example: crime scene tech, police officers, full-time firefighter, forensic) who have retired from Tooele City on or after May 15, 2022 for three years from the date of retirement. If mental health resources are requested thereafter, Tooele City will provide mental health resources through a peer support specialist who is qualified to provide peer support services under the Act for up to three years following the request.
A. RETIREMENT NOTIFICATION
1. Employees are asked to notify their department head and the human resource office of their intent to retire at least 90 days prior to their retirement date to allow time to facilitate insurance matters and to address staffing needs.
2. Notification to Tooele City does not constitute notification to the Utah State Retirement office or to other benefit providers. Employees must contact the Utah State Retirement office or the respective retirement plan to begin the retirement process.
B. LIFETIME PASS TO CITY RECREATION FACILITIES
An employee who retires from Tooele City Corporation as their last employer and is credited with at least 10 years of service as a Tooele City full-time regular or appointed status employee is provided a lifetime individual wellness/recreation card, the use of which is to be consistent with Section 31 herein this Manual. The pass is non-transferrable.
C. COBRA CONTINUATION COVERAGE UPON RETIREMENT
Retirees may be eligible to continue certain benefits pursuant to COBRA continuation coverage. COBRA continuation is described in Section 29: Benefits, herein this Manual.
D. HEALTH & LIFE INSURANCE FOR RETIREES & RETIREE’S DEPENDENTS
Prior to retiring, employees are encouraged to carefully evaluate their rights and responsibilities regarding continuation of health insurance or other benefits following retirement. Although it is the intent of Tooele City to maintain insurance coverage as specified below, it is understood that insurance providers may change eligibility or coverage provisions for retirees at any time. Tooele City will make reasonable effort to include coverage in negotiations with 2nd party insurance carriers; however, if such carriers refuse to provide coverage on terms deemed reasonable by Tooele City, or if coverage is not available, the provisions below are subject to change and may impact past, current, and future retirees. If coverage lapses or changes, Tooele City will make reasonable effort to notify affected retirees.
1. Eligible Retiree.
Some retirees are provided with health and life insurance benefits after they retire from Tooele City. For purposes of this Section, these retirees are defined as an “Eligible Retiree” and must meet the following criteria:
a. Was not involuntarily dismissed from employment, with the exception of appointed employees;
b. Did not voluntarily separate employment from Tooele City Corporation before being eligible for and electing to retire; Example: An employee quit (did not retire from Tooele City), accepted a position with the County, worked for the County for a period of time, and retires. The employee retired from the County and is therefore, not eligible for benefits offered by Tooele City to an Eligible Retiree.
c. Has been eligible to participate in the Tooele City health and life insurance plans for an equivalent of at least ten (10) years. Tooele City’s policy regarding reinstatement of service will be used to determine equivalent and credited years should an employee encounter a break in service or changes in health/life insurance eligibility (i.e. change to part-time);
d. Is a bona fide retiree under the Utah State Retirement System pension plan, or if participating in a 401K plan only due to Exemption or the employee elected to participate in the URS Tier 2 Defined Contribution (401k) Only Plan is eligible to withdraw from the retiree’s 401K account as an eligible retiree, penalty free, as specified by the IRS;
e. Is not retiring under a medical retirement (i.e. long-term disability) plan;
f. Is not an elected city council member; and,
g. Ensures that the required premium payments are made.
2. Earned Premium Credit (EPC).
At the time of retirement, Tooele City will calculate an Earned Premium Credit (EPC) that will equal 1 year for every 5 full years of service as a benefit eligible employee with Tooele City. Tooele City’s policy regarding reinstatement of service will be used to determine equivalent and credited years should an employee encounter a break in service or changes in health/life eligibility status (i.e. went part-time). Service credited by the Utah Retirement System for pension calculation purposes, but not actually rendered to Tooele City, is not considered service with Tooele City for purposes of the EPC calculation.
a. The EPC represents:
(1) The time the City will pay for a City-sponsored single insurance plan for the Eligible Retiree, a City-sponsored Medicare Supplement Plan for the Eligible Retiree, or the Waiver Payback to an Eligible Retiree in lieu of coverage.
(2) The time period an Eligible Retiree is eligible to remain on the group life insurance policy and the time period Tooele City will pay for such plan.
(3) The time period an Eligible Retiree is eligible to continue their group voluntary/supplemental spouse or dependent life insurance policy.
b. If during the EPC period, an Eligible Retiree passes away, the EPC ends. There is no transferability of the EPC.
c. If the Eligible Retiree returns to employment with the City as an active benefit eligible employee, the EPC is put on hold and the remaining EPC balance is again made available to the Eligible Retiree when no longer eligible for coverage as an active benefit eligible employee.
3. Health Insurance.
a. An Eligible Retiree may remain covered under the City group health plan through their EPC provided: he/she was covered on the last day worked, is not Medicare eligible, and is under age 65.
b. At expiration of EPC, age 65, or upon becoming Medicare eligible, an Eligible Retirees may no longer remain covered under the City group health plan (COBRA eligibility may apply). Such Eligible Retirees are encouraged to contact the Utah State Retirement Office to determine if a Medicare Supplemental Insurance plan is available.
c. Coverage may not be reinstated if an Eligible Retiree at any time, declines coverage, drops coverage, or has coverage cancelled for non-payment.
4. Life Insurance. (Some provisions apply to married couples both retired from Tooele City. Specific plan documents and contracts will apply and may limit the following benefits.)
a. An Eligible Retiree may remain covered under the City group basic life insurance plan and group basic dependent life insurance plan during their EPC, as allowed by the insurance provider.
b. An Eligible Retiree may continue their group voluntary/supplementary employee, spouse, and dependent life coverage during their EPC, as allowed by the insurance provider.
Once the EPC period has expired, Tooele City will maintain and pay for a $5,000 basic life policy on the Eligible Retiree and if coverage was in effect during the EPC, a $2,500 basic life policy on their spouse until the Eligible Retiree dies or the legal relationship ends, as allowed by the insurance provider.
c. All dependent life coverage discontinues at the time of the Eligible Retiree’s death.
E. RETIREE SICK LEAVE CONVERSION
1. There is no minimum service requirement for retiree sick leave conversion. A retiree may convert his/her sick leave provided that the employee is retiring from Tooele City and will be eligible to receive pension payments from the Utah State Retirement System or the City sponsored 401K plan(s) without IRS penalty within 30 days of separation.
2. Retiring employees may convert their sick leave as follows:
| Hours of Sick Leave at Retirement |
Converted Cash Payout | Convert to Purchase Years Under the Utah State Retirement System, if applicable |
| 0-250 Hours | (# Hours * .05) *Hourly Rate at retirement | (# Hours * .20) *Hourly Rate at time of payment |
| 251-400 | (# Hours * .07) *Hourly Rate at retirement | (# Hours * .25) *Hourly Rate at time of payment |
| 400-600 | (# Hours * .10) *Hourly Rate at retirement | (# Hours * .30) *Hourly Rate at time of payment |
| 601-1000 | (# Hours * .15) *Hourly Rate at retirement | (# Hours * .35) *Hourly Rate at time of payment |
| 1001-1500 | (# Hours * .20) *Hourly Rate at retirement | (# Hours * .40) *Hourly Rate at time of payment |
| 1501-2000 | (# Hours * .25) *Hourly Rate at retirement | (# Hours * .45) *Hourly Rate at time of payment |
| 2000+up to a maximum of 2500 | (# Hours * .30) *Hourly Rate at retirement | (# Hours * .50) *Hourly Rate at time of payment |
3. Special Requirements if Converting to Buy Years to Retire -
a. Retirees may provide Tooele City with documentation from the Utah Retirement Office (URS) substantiating their desire to purchase years for the purpose of retiring at a specified date. When such documentation is provided and intent to retire is official, the employee may convert his/her sick leave to a cash payment, contingent upon employee purchasing years and retiring as specified in the documentation. Payment is made to the employee within the time period required by the URS Office and the employee then remits payment to the URS office. Employee are encouraged to consult with a tax advisor and the URS office about the possibility of deferring this payment to a URS 401k plan and the possibility of in-service transfer from plan to plan at the URS level.
b. If the employee fails to retire as committed, the employee is responsible for reversing such payment within 2 weeks and will be responsible for any taxes, fees, penalties, etc. incurred to do so.
Consistent with Utah Code Title 54, Chapter 21, Mental Health Resources for First Responders, Tooele City provides mental health resources through our Employee Assistance Program (EAP) benefits to eligible first responders and the spouses of retired first responders (Example: crime scene tech, police officers, full-time firefighter, forensic) who have retired from Tooele City on or after May 15, 2022 for three years from the date of retirement. If mental health resources are requested thereafter, Tooele City will provide mental health resources through a peer support specialist who is qualified to provide peer support services under the Act for up to three years following the request.
SECTION 31: GIFTS, PRIZES, AWARDS, WELLNESS/RECREATION CARD & DISCOUNTS (pdf.)
A. GIFTS, PRIZES & AWARDS
2. Gifts, Prizes, & Awards Provided by External Sources
B. WELLNESS / RECREATION CARD
C. ACCESS & DISCOUNTS GIVEN TO AQUATIC CENTER EMPLOYEES
Tooele City provides certain “perks” and benefits to employees working at the Aquatic Center as a recruitment and retention initiative.
D. ACCESS & DISCOUNTS GIVEN TO GOLF COURSE EMPLOYEES
Tooele City provides certain “perks” and benefits to employees working at the Oquirrh Hills Golf Course as a recruitment and retention initiative.
A. GIFTS, PRIZES & AWARDS
1. Gifts, Prizes, & Awards Provided by Tooele City
a. Occasional and de minimis awards or prizes valued at less than $20 may be given to employees without incurring a taxable fringe benefit, provided that it is not cash or a cash equivalent (i.e. a generic gift card).
b. A plaque or similar display may be given to employees as an award or recognition without incurring a taxable fringe benefit.
c. A tangible gift such as flowers may be given for:
(1) Expression of sympathy in the event of the death of an employee, employee’s spouse, child, or parent;
(2) Congratulations for the birth or adoption of an employee’s child; or
(3) Expression of get well wishes for an employee.
Congratulatory gifts such as for birthdays, graduation, marriage, etc. or other condolences generally should not be purchased with City funds.
d. Retirement. A tangible gift, like a watch or plaque, generally valued at $30.00 per year of service to the City may be given to employees as a retirement gift. Additionally, retiring sworn police officers or retiring first-class firefighters may be given their duty weapon and/or their badges and patches, including reasonable mounting costs such as a shadow box.
The department may contribute food items, like meat trays, to a retirement luncheon held on site for an employee who had at least 10 years of service to Tooele City.
e. Supervisors should check with the human resource department before approving any gifts, prizes, or awards for employees due to tax implications.
f. Exceptions to this Section are approved by the Mayor.
2. Gifts, Prizes, & Awards Provided by External Sources
a. Employees must follow state and federal laws regarding accepting gifts, prizes, and awards. Additionally, they should avoid the appearance of favoritism or conflicts of interest.
b. Allowed. The following are examples, but not an exclusive list, of items employees may accept:
(1) De minimis items such as pens, mugs, calendars, thank you cards, and other trinkets valued at less than $15;
(2) Discounts provided to all City employees in conjunction with the City’s benefit or “perks” programs;
(3) Any tangible item or gift card, but not cash, valued at less than $50.01 and given as a token of appreciation for assisting or speaking at events, conferences, civic organizations, or similar services;
(4) Fees paid on behalf of the employee to participate in charitable events as a City representative such as a charitable golf tournament;
(5) Incidental meals, drinks, or food items:
i. Personal meals, drinks, or food items valued at less than $15 and that generally occur two or fewer times per calendar year;
ii. Group meals, drinks, or food items provided with training or as an expression of thanks;
iii. Food items left over from events or a catering that would otherwise have been thrown away;
(6) Complimentary trips to vendor offices, user conferences, or other travel that is conducted as part of the City’s due diligence in researching a product or service, or to receive training;
(7) Items distributed to all attendees or randomly at conferences and other events such as t-shirts, pens, trade show bags, food and beverages, and door prizes;
(8) Items provided at a sponsored event if the potential for conflict-of-interest perceptions do not exist. This may include a gift given while representing the City at a charitable golf tournament, a prize awarded for winning a group costume contest, or a gift in conjunction with a customer service award program, and similar situations;
(9) Tips and gratuities provided to golf course café, catering, and food/beverage service staff when properly reported on time card; or,
(10) Reward points, sky miles, etc. earned on a personal credit card program when use of a personal credit card was necessary to conduct business purposes.
c. Prohibited. The following are examples, but not an exclusive list, of items employees may NOT accept:
(1) Employees serving on committees that are evaluating products or services may not accept any gifts from vendors bidding on these items;
(2) Cash, stocks, bonds, or other negotiable instruments regardless of the dollar amount;
(3) Any item with a value in excess of $50 without written disclosure to and approval from the Mayor. The disclosure and approval should document the business reason for accepting this gift and a declaration that there is no potential for a conflict of interest;
(4) Tickets to sporting events, theater, or similar entertainment passes valued over $50, either per event or cumulatively through a 12-month period, unless approved in advance and in writing by the Mayor. The approval should document the business reason for accepting this gift and declaration that there is no potential for conflict-of-interest perceptions;
(5) Personal meals, drinks, or food items valued at over $15 or occur more frequently than twice per calendar year; or,
(6) Free gift items that come with a purchase if that purchase was made on behalf of the City.
d. If an employee or department receives an unacceptable item:
(1) The gift can be placed in a central spot for all employees to enjoy or given to the human resource department to distribute randomly, like a door prize at a City party;
(2) Instead of returning food gifts, they can be shared with the entire staff even if addressed to a single employee; or,
(3) The item can be given to a charitable organization.
B. WELLNESS / RECREATION CARD
1. Tooele City aims to promote health and wellness initiatives for the benefit of both employees and the City. The City’s goal is to raise awareness about healthy lifestyle behaviors, create a workplace that values wellness, and support employees in being more physically active, managing stress, and making healthier choices in their lives.
2. To support City wellness goals, Tooele City provides eligible individuals with free access to the Leigh Pratt Aquatic Center, the Oquirrh Hills Golf Course, and the Tooele City Public Library, subject to the following terms and conditions:
a. Free admission is valid only when there is excess capacity at each facility and no paying customer is displaced. If at the time of use, no excess capacity exists, the individual must pay the full admission fee or have access denied or delayed until an opening is available;
b. Free admission is only provided during regular public operating hours;
c. In general, the admission does not apply to classes, programs, rentals, tournament fees, or special events;
d. Free use does not apply to cart or equipment rental;
e. Tooele City reserves the right to apply temporary or permanent restrictions on this benefit as deemed necessary or appropriate;
f. Individuals must comply with the respective rules of the facility which are subject to change, or may be denied future use privileges; and,
g. Fraudulent use, including misrepresentation or use when not eligible, may result in collection of fees that were otherwise due, criminal prosecution, and/or denial of future benefit use.
3. The Tooele City wellness card also provides a 20% discount off rental fees for designated locations including Left Hand Fork Campground Sites, Tooele City Community Center, Wigwam Campground Sites and Park, Parks and Recreation Community Rooms (large & small), Dow James building, and Tooele City parks pavilions. This discount applies when the rental is primarily for the employee’s personal use, such as their family BBQ/dinner, child’s birthday party, granddaughter’s baby shower, or family reunion/campout. The employee discount cannot be applied to rentals for organizations, groups, or events that are not of a personal use nature, such as for athletic teams, youth groups, fundraisers, or public expos. Additionally, there are no discounts provided for other rentals not specifically listed including, but not limited to the rental of the golf course pavilion, aquatic center, or aquatic center party spaces.
4. Eligibility. The following individuals are eligible for the wellness / recreation card:
a. Active full-time regular and full-time appointed employees, their legal spouse, and their unmarried dependent children age 19 or younger living in the household;
b. While serving their term, Mayors and City Council persons, their legal spouse, and their unmarried dependent children age 19 or younger living in the household (Approved December 2007 Ordinance 2007-32);
c. Retired employees, but not their spouse or dependent children, may be provided with Wellness Card pursuant to the eligibility criteria in Section 30: Retiring and Retiree Benefits, herein this Manual; and
d. Former elected officials who served a full four-year term of office, but not their spouse or dependent children.
There is no survivor benefit applicable to the wellness card. Upon the death of the eligible employee, retiree, or elected official, the card becomes void.
C. ACCESS & DISCOUNTS GIVEN TO AQUATIC CENTER EMPLOYEES
Tooele City provides certain “perks” and benefits to employees working at the Aquatic Center as a recruitment and retention initiative.
1. Facility Admission for Aquatic Center Employees
Active part-time regular, seasonal, temporary, on-call, or cyclical status employees working at the Leigh Pratt Aquatic Center, but not their family, can use the aquatic center without charge during regular public swimming hours when there’s excess capacity and no paying customer is displaced. If at the time of use, no excess capacity exists, they’ll need to pay the full fee or wait until an opening is available.
2. Food & Beverage Discount
Aquatic Center employees get a 20% discount on for food or beverage ordered while on duty.
3. Merchandise Sales
Aquatic Center employees get a 20% discount on the sales price for any merchandise purchased for their own use.
D. ACCESS & DISCOUNTS GIVEN TO GOLF COURSE EMPLOYEES
Tooele City provides certain “perks” and benefits to employees working at the Oquirrh Hills Golf Course as a recruitment and retention initiative.
1. Green Fees, Range Fees, and Cart Rental for Golf Course Employees
a. Active part-time regular, seasonal, temporary, on-call, or cyclical status employees working at the golf course can play the course and use the range without charge when there’s excess capacity and no paying customer is displaced. If at the time of use, there’s no excess capacity, they’ll need to pay the full fee or wait until an opening is available. This benefit does not include cart, club, ball, or other purchase or rental.
b. The fee for golf course employees to use a golf cart or for golf privileges for their immediate family (spouse and unmarried dependent children under 19) living with them will be set by department policy approved by the Department Head and Mayor.
c. The golf professional, apprentice, and superintendents may use a cart free of charge as accounting for personal versus professional use is not practical given the nature of their positions and responsibilities at the golf course.
2. Food & Beverage Discount for Golf Course Employees
a. Golf course employees get a 40% discount on food and non-alcoholic drinks ordered while on-duty.
b. Golf course employees get a 20% discount on food and non-alcoholic drinks ordered when they are off-duty.
c. Golf course employees can use their discount for food and non-alcoholic drinks for their spouse or dependent children under age 19 who live with them, but the employee must be present when purchasing. The discount cannot be used for anyone else.
3. Merchandise Sales
Resale items may be sold at the Oquirrh Hills Golf Course under private contract and independent of Tooele City Corporation. If resale items are sold directly by Tooele City, golf course employees receive a twenty percent (20%) discount off the retail or sales price for any merchandise purchased for their own use.
SECTION 32: EDUCATION REIMBURSEMENT BENEFIT PROGRAM (pdf.)
A. PURPOSE
This Section establishes Tooele City’s policies and procedures for education reimbursement benefits. The program is intended to comply with Section 127 of the Internal Revenue Code as a tax-free benefit. Work-related training or certifications are covered by department training budgets.
B. POLICY
Subject to annual budget approval, full-time regular and appointed employees may receive financial reimbursement under the following programs.
A. PURPOSE
This Section establishes Tooele City’s policies and procedures for education reimbursement benefits. The program is intended to comply with Section 127 of the Internal Revenue Code as a tax-free benefit. Work-related training or certifications are covered by department training budgets.
B. POLICY
Subject to annual budget approval, full-time regular and appointed employees may receive financial reimbursement under the following programs.
1. Advanced Education Program
a. Full-time regular and appointed employees may receive up to $2,000 per fiscal year for associate’s or higher degrees related to Tooele City operations. To receive benefits, employees must apply during the designated period with supporting documentation. Any subsequent changes require approval from the Education Reimbursement Committee; unapproved courses are ineligible for reimbursement. Reimbursement covers tuition, registration, required books, and ADA-compliant materials, provided the employee earns a grade of C- or higher, or satisfactory completion for pass/fail courses. All credits required for graduation by the institution are eligible, even if classes are not directly job-related.
b. The program excludes costs such as out-of-state tuition, late fees, audited courses, and general supplies (i.e. computers, calculators, or internet access). Personal expenses, including transportation, meals, parking, and non-required study aids or tutors, are also ineligible.
c. Reimbursement totals are tracked by the date of payment rather than the course end date. Any expenses not explicitly listed must receive prior authorization from the Educational Reimbursement Committee to ensure compliance with City policy.
d. If eligible for, or receiving veteran’s or other educational benefits such as grants or scholarships, they must be applied toward eligible expenses first. City reimbursement will be reduced by the amount of funding received from any other source.
e. Employees who voluntarily resign are required to repay any educational reimbursement received during the 14 months prior to resignation. Repayment is due within 30 days of resignation.
f. Tooele City reserves the right to delay, deny, or discontinue Advanced Education courses at any time and for any reason.
2. Full-time Sworn Law Enforcement Officer Student Loan/POST Reimbursement Program.
a. Officers who have completed two years of police service with Tooele City (including FTO time) may receive benefits under either this program or the Advanced Education Program, but are restricted from participating in both within the same fiscal year.
b. Officers may be reimbursed for up to $2,000 per fiscal year for:
1) Student loan debt incurred for completion of self-sponsorship through a Utah-recognized POST academy; or,
2) Degrees (associates or higher) directly related to law enforcement. Qualifying fields of study include Criminal Justice, Psychology, Public Administration, Spanish, and Forensic Science; the Educational Reimbursement Committee maintains final authority on degree eligibility and job relevancy.
c. Officers must submit an application for educational assistance reimbursement benefits during the application period and include certification of the degree obtained/POST graduation, receipt for student loan payment made during the applicable fiscal year period (no reimbursement for payments outside the current fiscal year), and certification that the payment was made by the employee. Employees may not accept benefits for the same payment made by any other outside program or agency.
d. Officers who voluntarily resign are required to repay all reimbursements received during the 24 months prior to their resignation. Repayment is due within 30 days of resignation.
e. Tooele City reserves the right to delay, deny, or discontinue Sworn Law Enforcement Officer Student Loan/POST Reimbursement Program at any time for any reason.
SECTION 33: FEDERAL SOCIAL SECURITY (pdf.)
In order to extend to employees of Tooele City and to the dependents and survivors of such employees the basic protection accorded to others by the old-age and survivors insurance system embodied in the Social Security Act, Tooele City participates in such Act under a plan approved in 1951 pursuant to Utah Code Title 67, Chapter 11, and as directed by the Utah State Social Security Agency. Employees are required to contribute with respect to their wages an amount not exceeding the amount of tax which would be imposed by the Federal Insurance Contributions Act (FICA). Tooele City shall deduct such contribution from each employee’s wages as and when paid. Tooele City shall contribute a matching amount into the contribution from each employee’s wages as and when paid. Tooele City shall contribute a matching amount into the contribution fund and pay such contributions to the Internal Revenue Service in accordance with the FICA provisions in the Internal Revenue Code.
In order to extend to employees of Tooele City and to the dependents and survivors of such employees the basic protection accorded to others by the old-age and survivors insurance system embodied in the Social Security Act, Tooele City participates in such Act under a plan approved in 1951 pursuant to Utah Code Title 67, Chapter 11, and as directed by the Utah State Social Security Agency. Employees are required to contribute with respect to their wages an amount not exceeding the amount of tax which would be imposed by the Federal Insurance Contributions Act (FICA). Tooele City shall deduct such contribution from each employee’s wages as and when paid. Tooele City shall contribute a matching amount into the contribution from each employee’s wages as and when paid. Tooele City shall contribute a matching amount into the contribution fund and pay such contributions to the Internal Revenue Service in accordance with the FICA provisions in the Internal Revenue Code.
SECTION 34: TRAVEL (pdf.)
A. PURPOSE
This Section establishes Tooele City’s policies and procedures governing travel, travel-related payments and allowances, and travel-related expense reimbursements.
B. SAME-DAY TRAVEL
Same-day travel occurs within a single workday and has no overnight stay.
C. OVERNIGHT TRAVEL
D. MILEAGE REIMBURSEMENT AND COMMUTE OFFSET
Employees authorized to use a personal vehicle for City business may be reimbursed at the mileage rate established by the Internal Revenue Service as the standard mileage rate. When travel begins or ends at an employee’s residence outside of Tooele City limits, reimbursement will be reduced by the employee’s normal commute to/from work distance to ensure only business-related mileage is reimbursed. Department heads may approve exceptions when application of this offset is impractical or does not accurately reflect the travel required.
E. OTHER REIMBURSABLE EXPENSES
Employees may be reimbursed for the following expenses by submitting a Tooele City Expense Report with receipts. Any unauthorized expenses not listed below require Mayoral approval and receipts.
F. TRAVEL ADVANCE
Employees may receive a travel advance up to the anticipated travel expenses. Unused funds, an itemized account of all expenses, and any required receipts must be returned to the City within one week of travel completion.
G. TRAVEL TIME
Employees are paid for all travel time, except for overnight stays. For approved overnight travel, employees are paid for time actively spent traveling and conducting City business. Unpaid time includes personal hours after arrival, such as evenings, meal periods, and optional activities. Time zone changes must be factored into the hours calculation.
A. PURPOSE
This Section establishes Tooele City’s policies and procedures governing travel, travel-related payments and allowances, and travel-related expense reimbursements.
B. SAME-DAY TRAVEL
Same-day travel occurs within a single workday and has no overnight stay.
1. Approval. Same-day travel is approved by the department head or designee.
2. Vehicles. Employees should use City vehicles and carpool whenever feasible. Supervisors or department heads may approve exceptions when operational needs, scheduling conflicts, or other practical considerations make shared transportation or use of a City vehicle impractical. Costs and business-related factors are considered prior to approving separate vehicle use when traveling to the same destination.
3. Meals. Tooele City will not pay for or reimburse meals for same-day travel, except in limited, IRS-compliant circumstances with Mayoral approval. Examples include:
a. Meals included as an inseparable part of a conference, training, or official event registration;
b. Business meals with an external party where a bona fide business discussion is the primary purpose; or,
c. Meals incurred while responding to or working a public safety emergency.
Reimbursement requests must include a receipt and documentation identifying the amount, time, place, business purpose, and attendees. Reimbursement may not exceed the U.S. General Services Administration (GSA) Meals & Incidental Expenses (M&IE) standard rate.
C. OVERNIGHT TRAVEL
1. Approval.
a. In-state overnight travel is approved by the department head and Mayor following submission of an “Overnight In-State Trip Authorization.” Overnight in-state travel may be authorized when business needs, distance (generally 40 miles or more from the employee’s regular place of work), scheduling, safety, or other considerations reasonably require an overnight stay.
b. Out-of-state overnight travel is approved by the employee’s department head and Mayor following submission of an “Advance Request for Out-of-State Travel.”
c. The City Council Chair approves overnight travel for council members.
2. Vehicles. Employees authorized to use a personal vehicle for overnight travel are eligible for mileage reimbursement at the approved rate. The City may require use of a City vehicle or shared transportation when necessary to control costs, meet operational needs, or to comply with external funding requirements.
3. Meals (Per Diem). Employees receive a tax-free per diem for meals and incidental expenses (M&IE). Per diem rates are based on the applicable U.S. General Services Administration (GSA) M&IE Standard Rate for the destination. Per diem will be reduced when meals are provided as an inseparable part of training, conference, or lodging arrangements, excluding continental breakfasts consisting solely of prepackaged items.
4. Lodging. Employees will be provided or reimbursed for reasonable and necessary lodging incurred for authorized overnight City travel.
a. City-arranged or authorized lodging shall be at a commercial establishment, such as a hotel, motel, or inn. Due to risk and liability issues, exceptions are considered only when commercial lodging is not available or practical.
b. Lodging shall reflect responsible use of public funds, taking into consideration employee safety, total costs (room rate, taxes and fees, parking, transportation), proximity to the business destination, access to meals and necessary services, availability of suitable accommodations, and other logistics. When factors are similar, the lower cost should be used.
The City should consider applicable lodging rates and discounts, including GSA lodging rates, conference or event rates, negotiated group rates, government rates, and publicly available discounts.
c. When multiple employees are traveling to the same event, lodging arrangements should be coordinated when practical to obtain reasonable rates and promote consistency in travel costs.
d. Lodging should be arranged sufficiently in advance to obtain reasonable rates when practicable.
e. For risk management purposes, employees are generally not permitted to share rooms. Room sharing may be restricted based on safety, supervisory relationships, funding requirements, and risk management considerations.
5. Alternative Travel Arrangements
a. Employees who decline City-arranged or authorized lodging or transportation and choose to make alternative arrangements may be reimbursed up to the reasonable cost that would have been incurred for the City-arranged or authorized travel. Alternative arrangements shall not result in additional cost or liability to the City.
b. Alternative lodging is not arranged, selected, or controlled by the City. The employee is responsible for the rental or lodging agreement and related personal obligations including expenses, additional occupants, damages, and cancellation fees.
c. Employees may extend business travel for personal reasons and are responsible for all additional costs associated with personal travel. Personal costs shall be kept separate from City travel costs and shall not be charged to the City or a City account.
D. MILEAGE REIMBURSEMENT AND COMMUTE OFFSET
Employees authorized to use a personal vehicle for City business may be reimbursed at the mileage rate established by the Internal Revenue Service as the standard mileage rate. When travel begins or ends at an employee’s residence outside of Tooele City limits, reimbursement will be reduced by the employee’s normal commute to/from work distance to ensure only business-related mileage is reimbursed. Department heads may approve exceptions when application of this offset is impractical or does not accurately reflect the travel required.
E. OTHER REIMBURSABLE EXPENSES
Employees may be reimbursed for the following expenses by submitting a Tooele City Expense Report with receipts. Any unauthorized expenses not listed below require Mayoral approval and receipts.
|
|
Receipt Required |
Taxable to Employee |
|
Commercial airline, limited to economy class fare. |
Yes |
No |
|
Railway, bus, or boat fare, limited to coach fare plus necessary lower berth or roomette. First class fare is reimbursable when coach is not available. |
Yes |
No |
|
Lodging, limited to approved costs. Any amount exceeding the IRS allowance is taxable. |
Yes |
Possibly |
|
Road charges, parking fees, storage charges, emergency repairs, and similar items for City-owned vehicles. |
Yes, if available |
No |
|
Charges for reasonable (generally economy class) car rental or similar services but only upon advance approval by the Mayor. |
Yes |
No |
|
Reasonable rideshare, taxi, shuttle, and similar transportation. |
Yes |
No |
F. TRAVEL ADVANCE
Employees may receive a travel advance up to the anticipated travel expenses. Unused funds, an itemized account of all expenses, and any required receipts must be returned to the City within one week of travel completion.
G. TRAVEL TIME
Employees are paid for all travel time, except for overnight stays. For approved overnight travel, employees are paid for time actively spent traveling and conducting City business. Unpaid time includes personal hours after arrival, such as evenings, meal periods, and optional activities. Time zone changes must be factored into the hours calculation.
SECTION 35: LOSS OF PROPERTY OR FUNDS (pdf.)
A. NOTIFICATION OF LOSS:
Any employee who is responsible for, has access to, or has been given possession of city property or funds shall immediately notify the department head of the loss of , or inability to account for such property or funds. Also, any other employee who is aware of such a loss, irrespective of who may be the responsible party, shall also notify their department head of the loss.
B. COVERAGE BY BOND:
Upon discovering a loss of property or funds or upon receiving such notice from another person, the department head shall immediately notify the city attorney and police department. If the attorney determines that the loss is one that may be covered by the city’s public employee bond, the attorney shall cause that notice of the loss, or facts indicating that a loss has occurred, be immediately given to the city’s insurance carrier by certified mail.
C. INVESTIGATION:
The city attorney and police department shall jointly conduct an investigation of the facts surrounding any loss. The results of the investigation shall be forwarded to the mayor.
A. NOTIFICATION OF LOSS:
Any employee who is responsible for, has access to, or has been given possession of city property or funds shall immediately notify the department head of the loss of , or inability to account for such property or funds. Also, any other employee who is aware of such a loss, irrespective of who may be the responsible party, shall also notify their department head of the loss.
B. COVERAGE BY BOND:
Upon discovering a loss of property or funds or upon receiving such notice from another person, the department head shall immediately notify the city attorney and police department. If the attorney determines that the loss is one that may be covered by the city’s public employee bond, the attorney shall cause that notice of the loss, or facts indicating that a loss has occurred, be immediately given to the city’s insurance carrier by certified mail.
C. INVESTIGATION:
The city attorney and police department shall jointly conduct an investigation of the facts surrounding any loss. The results of the investigation shall be forwarded to the mayor.
SECTION 36: PERSONAL USE OF CITY PROPERTY, LABOR, SERVICES, & EQUIPMENT (pdf.)
A. NO PERSONAL USE OF CITY RESOURCES UNLESS SPECIFICALLY ALLOWED
Employees may not use City resources, such as funds, property, labor, services, tools, and equipment, for their own personal use or for the private advantage of any other person, unless:
B. ACCEPTABLE DE MINIMIS OR INCIDENTAL USE
There are limited circumstances where de minimis and incidental use of some City property, tools, or equipment during the course of a work day may occur and may be reasonable. “Incidental use” is intended to mean that the use is so infrequent and incurs so little cost that tracking it would be unreasonable. For example, an employee may use a City telephone to make a local phone call, an employee may make a personal note on a piece of paper or use tape to hang up a family photo, or the employee may stop at a store to purchase a drink or deposit a check in a City vehicle while on break. Such de minimis or incidental use is generally acceptable provided that the use:
A. NO PERSONAL USE OF CITY RESOURCES UNLESS SPECIFICALLY ALLOWED
Employees may not use City resources, such as funds, property, labor, services, tools, and equipment, for their own personal use or for the private advantage of any other person, unless:
1. the use of resources is available to the public on the same terms;
2. the use is acceptable de minims or incidental use as outlined below; or,
3. the use is specifically allowed for under specific Sections of this Manual such as: employee wellness benefit, incidental use of computer and electronic systems, and incidental use of City vehicles.
B. ACCEPTABLE DE MINIMIS OR INCIDENTAL USE
There are limited circumstances where de minimis and incidental use of some City property, tools, or equipment during the course of a work day may occur and may be reasonable. “Incidental use” is intended to mean that the use is so infrequent and incurs so little cost that tracking it would be unreasonable. For example, an employee may use a City telephone to make a local phone call, an employee may make a personal note on a piece of paper or use tape to hang up a family photo, or the employee may stop at a store to purchase a drink or deposit a check in a City vehicle while on break. Such de minimis or incidental use is generally acceptable provided that the use:
1. complies with other Sections of this Manual and other policies and procedures;
2. does not disrupt, distract, or interfere with City business activities;
3. does not involve solicitation;
4. does not support, operate, manage, or promote a for-profit business endeavor. Any City employee with a second job or private business must conduct it on their own time, using their own equipment and supplies, and away from the workplace;
5. does not involve illegal activity; and,
5. does not involve illegal activity; and,
6. does not have the potential to harm, bring discredit to, or be adversarial to the City or public confidence in our responsible use of City resources.
SECTION 38: PURCHASES & REIMBURSEMENTS (pdf.)
A. PURCHASING POLICY
Employees shall follow the approved Tooele City Purchasing Policy which is available through the designated City purchasing agent.
B. PURCHASES BY DECEPTION
Employees may not use Tooele City’s tax-exempt ID number for their private, personal use or benefit.
Tooele City may have established discounts or special rates with vendors. These are preserved for the City’s business use. Employees may not request nor accept such discount for their own private, personal purchases or services, nor may they deceive the vendor by giving the impression that the purchase or service is for the use or benefit of Tooele City. If an employee identifies an error that was made (i.e. a City discount was applied to a purchase that was made for their personal use), the employees is expected to promptly notify their supervisor and to correct the vendor’s error.
See Section 31: Gifts, Prizes, Awards, Wellness/Recreation, & Discounts herein this Manual for applicability of discounts provided to employees as part of the City’s benefit or “perks” programs.
Any person violating this Section may be subject to disciplinary action up to and including dismissal.
C. REIMBURSEMENTS
Requests for reimbursement must be accompanied by an original receipt and written explanation stating the authorized, City-related business purpose for the expenditure. If original receipts are unavailable, the employee may submit a signed statement, approved by the department head, indicating all information normally contained on a receipt. If purchases were not authorized, the City may deny reimbursement.
A. PURCHASING POLICY
Employees shall follow the approved Tooele City Purchasing Policy which is available through the designated City purchasing agent.
B. PURCHASES BY DECEPTION
Employees may not use Tooele City’s tax-exempt ID number for their private, personal use or benefit.
Tooele City may have established discounts or special rates with vendors. These are preserved for the City’s business use. Employees may not request nor accept such discount for their own private, personal purchases or services, nor may they deceive the vendor by giving the impression that the purchase or service is for the use or benefit of Tooele City. If an employee identifies an error that was made (i.e. a City discount was applied to a purchase that was made for their personal use), the employees is expected to promptly notify their supervisor and to correct the vendor’s error.
See Section 31: Gifts, Prizes, Awards, Wellness/Recreation, & Discounts herein this Manual for applicability of discounts provided to employees as part of the City’s benefit or “perks” programs.
Any person violating this Section may be subject to disciplinary action up to and including dismissal.
C. REIMBURSEMENTS
Requests for reimbursement must be accompanied by an original receipt and written explanation stating the authorized, City-related business purpose for the expenditure. If original receipts are unavailable, the employee may submit a signed statement, approved by the department head, indicating all information normally contained on a receipt. If purchases were not authorized, the City may deny reimbursement.
SECTION 39: DRIVING & CITY VEHICLES (.pdf)
A. PURPOSE
The purpose of Section is to:
1. Set authorized driver standards;
2. To identify some rules relevant to use of vehicles; and,
3. To comply with IRS laws regarding taxation of commuter use of City vehicles.
B. AUTHORIZED DRIVERS & STANDARDS
1. The human resource office maintains the City’s roster of authorized drivers. In general, only authorized drivers may drive a City vehicle or their personal vehicle for City business. City business means driving at the direction of, or for the benefit of, the City. It does not include normal commuting in a personal vehicle to and from work. Limited circumstances may be approved on a case-by-case basis where someone not on the authorized driver roster may drive for City business such as a member of the community agreeing to drive an elected official in a parade.
2. To be an authorized driver, the employee must:
a. Be at least 17 years old and had a driver’s license (not learner’s permit) for at least 12 months, completed a state approved driver education course, and has no record of any moving violations at the time of hire;
b. Possess and maintain a valid Utah Driver’s License with any job required endorsement, or for individuals who possess a valid out of State license, obtain a valid Utah Driver’s License with any job required endorsements within 6 months;
c. Possess and maintain a valid Commercial Driver License (CDL) and a valid Medical Certification Card for jobs requiring a CDL (Tooele City has adopted this requirement despite the Excepted Provision for Interstate travel); and,
d. Possess and maintain a driving record that is acceptable to Tooele City’s risk management and insurability expectations and report violations or problems relevant to their driving record or license.
(1) Tooele City works cooperatively with our insurance provider to determine driver risk factors. Driver’s license records, criminal history records relating to driving and vehicle operations, and City’s records relating to driving are an essential component in the evaluation.
(2) Tooele City and/or Tooele City’s general liability insurance provider or agents reserve the right to request and review at any time, the driving records of any prospective or current driver and to revoke driving privileges for Tooele City at any time.
(3) Drivers may be asked to complete an annual License Certification and Self-disclosure Report of any accidents, violations, driving records, traffic convictions and forfeitures; or pleas in abeyance. Failure to do so may result in revoking of driving privileges.
(4) Authorized drivers who incur an at-fault accident or violation, on- or off-duty, must notify his/her supervisor by the beginning of the next shift. For serious violations such as alcohol related violations, driving while impaired, refusal to test, or evading an officer, the driver must also immediately discontinue operation of the City vehicle or personal vehicle for business purposes, and not drive until being notified of the status of his/her continued driving privileges. Failure to do so may result in disciplinary action, up to and including dismissal.
(5) Authorized drivers whose driver’s license is revoked or suspended must notify his/her supervisor by the beginning of the shift immediately following the revocation and must immediately discontinue operation of the City vehicle or personal vehicle for business purposes. Failure to do so may result in disciplinary action, up to and including dismissal. Employees are responsible for knowing if their license is valid and for keeping their address and other records current with the Utah Driver’s License Division.
C. VEHICLE ACCIDENTS
1. Accidents occurring in a City vehicle must be immediately reported to law enforcement if it involves personal injury or damage to the property of another vehicle. The employee shall remain at the scene of the accident until law enforcement has responded or given instruction, unless emergency medical attention is needed. The accident must be reported promptly to the driver’s supervisor or department head. Accidents involving no personal injury or involving damage only to a City vehicle need not be reported to law enforcement, but must be reported promptly to the driver’s supervisor or department head.
2. Accidents occurring in personal vehicles while on City business must follow the law for reporting accidents and must be reported to the supervisor or department head by the beginning of the next work shift. Because insurance follows the vehicle, accidents in personal vehicles, even on City business, fall on the employee’s personal insurance. Tooele City, at their sole discretion and given the totality of the circumstances, may elect to reimburse the employee for their deductible if the vehicle was determined to be damaged and the accident was not the employee’s fault.
3. Failing to stop after an accident and/or failure to report an accident may result in revocation of driving privileges as well as disciplinary action, up to and including dismissal from employment.
4. City employees involved in accidents while not acting in the “course and scope of
5. Tooele City’s Drug Free Workplace Policy identifies when post-accident drug/alcohol testing is required.
D. TICKETS & FINES INCURRED WHILE WORKING
Tickets and fines incurred by a City driver due to incidences that were within the employee’s control are paid by the employee not Tooele City.
E. DRIVER SAFETY RULES
The following is not an exclusive list of rules relating to driver safety but represents some of the more common requirements applicable to our workforce. Exceptions apply to public safety vehicles. The Tooele City Police Department Policies & Procedures outline rules relevant to their driver safety standards.
1. Safe & Courtesy. Drivers are expected to operate the vehicle in a safe manner and drive defensively to prevent injuries and property damage. Drivers are expected to drive in a courteous manner.
2. Laws. Drivers are expected to obey all state and local laws. This includes overnight street parking during winter months.
3. Impaired Driving. Drivers are not to operate a City vehicle when illness, fatigue, injury, prescription medication, over-the-counter medication, intoxicants, alcohol, drugs, or other conditions have impaired his/her ability to do so safely.
4. Seat Belts. Drivers and all passengers must wear properly adjusted and fastened safety belt systems while driving or riding in City vehicles or the employee’s personal vehicle when driving for business purposes, even if air bags are available. Drivers are responsible for ensuring that passengers wear properly adjusted and fastened safety belts.
5. Smoking. Drivers and passengers may not smoke in City vehicles nor may they hold their lit cigarette/e-cigarette outside of the vehicle window, door, or other opening.
6. Distracted Driving. Drivers may not engage in distractions while driving such as texting, operating electronic devices unless carrying out official duties (such as police officers), eating, applying makeup, etc.
7. Securing Vehicle/Unattended Vehicles. Drivers are responsible for the security of assigned vehicles. No vehicle may be left unattended with keys in the ignition unless required for their job and only if the door is locked and a second set of keys is used. When a vehicle is otherwise left unattended, the vehicle engine should be shut off, ignition keys removed, and vehicle doors locked.
8. Securing Loads. Drivers are responsible for securing any load or materials transported in or by a City vehicle.
F. EXPECTATION OF PRIVACY
Employees have no expectation of privacy in City vehicles because they are City property. The City reserves the right to search City vehicles at any time, for any purpose, at any location, with or without notice.
G. GLOBAL POSITIONING SYSTEM (GPS)
The City reserves the right to install GPS or other monitoring devices on City vehicles at any time, for any purpose, with or without notice. Employees may not tamper with any GPS or tracking device.
H. AUTHORIZED PASSENGERS
Passengers are limited to individuals who need to ride in the City vehicle to conduct City business. Children, family members, friends, etc. are not permitted to ride in City vehicles unless there is a business-related necessity.
1. Exceptions.
a. Limited circumstances may be approved on a case-by-case basis where someone not on the authorized driver roster may drive for City business such as a member of the community agreeing to drive an elected official in a parade.
b. In emergencies where the employee has a reasonable belief, based on totality of circumstances, that the life, safety, health, or physical welfare of an individual would be threatened without the security and/or transportation the vehicle could provide. Examples of such emergencies include, but are not limited to accidents involving personal injury, acute illness, and actual and potential victims of crime and violence.
c. In motorist passenger assistance where there is no immediate emergency, but under the circumstances, the employee has a reasonable belief that the failure to transport the motorist and/or passengers result in such person being left in real or potentially real danger, or would result in extreme inconvenience to them. The use of a City owned vehicle in such case is limited to transporting motorists and their passengers only to those places where they are reasonably safe, and have a reasonable opportunity to obtain continued help without further conveyance in a City owned vehicle.
d. Sworn police officers and authorized firefighters are allowed to have passengers in their police or fire command vehicle subject to their respective department Policies & Procedures.
I. PERSONAL AND COMMUTER USE OF CITY VEHICLE
1. Personal Use of a City Vehicle
a. Incidental personal use of a City vehicle in the course of the employee’s daily assignments is generally allowed. Examples include an employee stopping for a snack while en route from one job site to another or depositing a paycheck while on break and en route from one job site to another. If an employee is required by the City to commute in a City vehicle, incidental use may also include driving to/from lunch if reasonable and within close proximity to the assigned workplace.
The City vehicle may not be used for any personal use outside the employee’s work hours except for incidental use to or from the employee’s daily assignments such as stopping at the store while en route to/from work/home.
b. Sworn police officers’ personal use is granted to benefit the City by providing visibility and police response throughout the City. Such personal use is limited to use only within Tooele City limits. The Police Department Policies & Procedures Manual may provide additional information on personal use of police vehicles. Injuries sustained during personal use are not work-related injuries and are the officer’s responsibility.
c. Fire Chief and Fire Marshall/Emergency Management Supervisor personal use is granted to benefit the City by providing visibility and fire/emergency response throughout the City. Such personal use is limited to use only with Tooele City limits. The Fire Department Policies & Procedures Manual may provide additional information on personal use of fire vehicles. Injuries sustained during personal use are not work-related injuries and are the officer’s responsibility.
2. Commuter Use of a City Vehicle
a. Commuter use of a City Vehicle is travel, not on work time, from the first trip outbound at the beginning of the work period and the last trip back home at the end of the work period and vice versa.
b. The IRS considers commuter use of a City vehicle to be a taxable fringe benefit to the employee commuting in the City vehicle, whether as a driver or passenger, unless the vehicle is specifically excluded under the IRS law. Examples of vehicles excluded under the IRS law include police vehicles, fire trucks, snow plows, and a department’s designated on-call vehicle when the employee is serving in the official on-call capacity.
c. To calculate the value of the fringe benefit Tooele City has adopted the Commuting Valuation Rule, a flat $1.50 each way ($3 round trip) for employees who are required to commute in the City vehicle for the benefit of the City. Employees in the following positions may be required to commute in a City vehicle year-round or during specific seasonal periods to meet unique work needs:
• Parks Maintenance Supervisor
A. PURPOSE
The purpose of Section is to:
1. Set authorized driver standards;
2. To identify some rules relevant to use of vehicles; and,
3. To comply with IRS laws regarding taxation of commuter use of City vehicles.
B. AUTHORIZED DRIVERS & STANDARDS
1. The human resource office maintains the City’s roster of authorized drivers. In general, only authorized drivers may drive a City vehicle or their personal vehicle for City business. City business means driving at the direction of, or for the benefit of, the City. It does not include normal commuting in a personal vehicle to and from work. Limited circumstances may be approved on a case-by-case basis where someone not on the authorized driver roster may drive for City business such as a member of the community agreeing to drive an elected official in a parade.
2. To be an authorized driver, the employee must:
a. Be at least 17 years old and had a driver’s license (not learner’s permit) for at least 12 months, completed a state approved driver education course, and has no record of any moving violations at the time of hire;
b. Possess and maintain a valid Utah Driver’s License with any job required endorsement, or for individuals who possess a valid out of State license, obtain a valid Utah Driver’s License with any job required endorsements within 6 months;
c. Possess and maintain a valid Commercial Driver License (CDL) and a valid Medical Certification Card for jobs requiring a CDL (Tooele City has adopted this requirement despite the Excepted Provision for Interstate travel); and,
d. Possess and maintain a driving record that is acceptable to Tooele City’s risk management and insurability expectations and report violations or problems relevant to their driving record or license.
(1) Tooele City works cooperatively with our insurance provider to determine driver risk factors. Driver’s license records, criminal history records relating to driving and vehicle operations, and City’s records relating to driving are an essential component in the evaluation.
(2) Tooele City and/or Tooele City’s general liability insurance provider or agents reserve the right to request and review at any time, the driving records of any prospective or current driver and to revoke driving privileges for Tooele City at any time.
(3) Drivers may be asked to complete an annual License Certification and Self-disclosure Report of any accidents, violations, driving records, traffic convictions and forfeitures; or pleas in abeyance. Failure to do so may result in revoking of driving privileges.
(4) Authorized drivers who incur an at-fault accident or violation, on- or off-duty, must notify his/her supervisor by the beginning of the next shift. For serious violations such as alcohol related violations, driving while impaired, refusal to test, or evading an officer, the driver must also immediately discontinue operation of the City vehicle or personal vehicle for business purposes, and not drive until being notified of the status of his/her continued driving privileges. Failure to do so may result in disciplinary action, up to and including dismissal.
(5) Authorized drivers whose driver’s license is revoked or suspended must notify his/her supervisor by the beginning of the shift immediately following the revocation and must immediately discontinue operation of the City vehicle or personal vehicle for business purposes. Failure to do so may result in disciplinary action, up to and including dismissal. Employees are responsible for knowing if their license is valid and for keeping their address and other records current with the Utah Driver’s License Division.
1. Accidents occurring in a City vehicle must be immediately reported to law enforcement if it involves personal injury or damage to the property of another vehicle. The employee shall remain at the scene of the accident until law enforcement has responded or given instruction, unless emergency medical attention is needed. The accident must be reported promptly to the driver’s supervisor or department head. Accidents involving no personal injury or involving damage only to a City vehicle need not be reported to law enforcement, but must be reported promptly to the driver’s supervisor or department head.
2. Accidents occurring in personal vehicles while on City business must follow the law for reporting accidents and must be reported to the supervisor or department head by the beginning of the next work shift. Because insurance follows the vehicle, accidents in personal vehicles, even on City business, fall on the employee’s personal insurance. Tooele City, at their sole discretion and given the totality of the circumstances, may elect to reimburse the employee for their deductible if the vehicle was determined to be damaged and the accident was not the employee’s fault.
3. Failing to stop after an accident and/or failure to report an accident may result in revocation of driving privileges as well as disciplinary action, up to and including dismissal from employment.
4. City employees involved in accidents while not acting in the “course and scope of
employment” are responsible for all liabilities arising from the accident.
5. Tooele City’s Drug Free Workplace Policy identifies when post-accident drug/alcohol testing is required.
Tickets and fines incurred by a City driver due to incidences that were within the employee’s control are paid by the employee not Tooele City.
E. DRIVER SAFETY RULES
The following is not an exclusive list of rules relating to driver safety but represents some of the more common requirements applicable to our workforce. Exceptions apply to public safety vehicles. The Tooele City Police Department Policies & Procedures outline rules relevant to their driver safety standards.
1. Safe & Courtesy. Drivers are expected to operate the vehicle in a safe manner and drive defensively to prevent injuries and property damage. Drivers are expected to drive in a courteous manner.
2. Laws. Drivers are expected to obey all state and local laws. This includes overnight street parking during winter months.
3. Impaired Driving. Drivers are not to operate a City vehicle when illness, fatigue, injury, prescription medication, over-the-counter medication, intoxicants, alcohol, drugs, or other conditions have impaired his/her ability to do so safely.
4. Seat Belts. Drivers and all passengers must wear properly adjusted and fastened safety belt systems while driving or riding in City vehicles or the employee’s personal vehicle when driving for business purposes, even if air bags are available. Drivers are responsible for ensuring that passengers wear properly adjusted and fastened safety belts.
5. Smoking. Drivers and passengers may not smoke in City vehicles nor may they hold their lit cigarette/e-cigarette outside of the vehicle window, door, or other opening.
6. Distracted Driving. Drivers may not engage in distractions while driving such as texting, operating electronic devices unless carrying out official duties (such as police officers), eating, applying makeup, etc.
7. Securing Vehicle/Unattended Vehicles. Drivers are responsible for the security of assigned vehicles. No vehicle may be left unattended with keys in the ignition unless required for their job and only if the door is locked and a second set of keys is used. When a vehicle is otherwise left unattended, the vehicle engine should be shut off, ignition keys removed, and vehicle doors locked.
8. Securing Loads. Drivers are responsible for securing any load or materials transported in or by a City vehicle.
F. EXPECTATION OF PRIVACY
Employees have no expectation of privacy in City vehicles because they are City property. The City reserves the right to search City vehicles at any time, for any purpose, at any location, with or without notice.
G. GLOBAL POSITIONING SYSTEM (GPS)
The City reserves the right to install GPS or other monitoring devices on City vehicles at any time, for any purpose, with or without notice. Employees may not tamper with any GPS or tracking device.
H. AUTHORIZED PASSENGERS
Passengers are limited to individuals who need to ride in the City vehicle to conduct City business. Children, family members, friends, etc. are not permitted to ride in City vehicles unless there is a business-related necessity.
1. Exceptions.
a. Limited circumstances may be approved on a case-by-case basis where someone not on the authorized driver roster may drive for City business such as a member of the community agreeing to drive an elected official in a parade.
b. In emergencies where the employee has a reasonable belief, based on totality of circumstances, that the life, safety, health, or physical welfare of an individual would be threatened without the security and/or transportation the vehicle could provide. Examples of such emergencies include, but are not limited to accidents involving personal injury, acute illness, and actual and potential victims of crime and violence.
c. In motorist passenger assistance where there is no immediate emergency, but under the circumstances, the employee has a reasonable belief that the failure to transport the motorist and/or passengers result in such person being left in real or potentially real danger, or would result in extreme inconvenience to them. The use of a City owned vehicle in such case is limited to transporting motorists and their passengers only to those places where they are reasonably safe, and have a reasonable opportunity to obtain continued help without further conveyance in a City owned vehicle.
d. Sworn police officers and authorized firefighters are allowed to have passengers in their police or fire command vehicle subject to their respective department Policies & Procedures.
1. Personal Use of a City Vehicle
a. Incidental personal use of a City vehicle in the course of the employee’s daily assignments is generally allowed. Examples include an employee stopping for a snack while en route from one job site to another or depositing a paycheck while on break and en route from one job site to another. If an employee is required by the City to commute in a City vehicle, incidental use may also include driving to/from lunch if reasonable and within close proximity to the assigned workplace.
The City vehicle may not be used for any personal use outside the employee’s work hours except for incidental use to or from the employee’s daily assignments such as stopping at the store while en route to/from work/home.
b. Sworn police officers’ personal use is granted to benefit the City by providing visibility and police response throughout the City. Such personal use is limited to use only within Tooele City limits. The Police Department Policies & Procedures Manual may provide additional information on personal use of police vehicles. Injuries sustained during personal use are not work-related injuries and are the officer’s responsibility.
c. Fire Chief and Fire Marshall/Emergency Management Supervisor personal use is granted to benefit the City by providing visibility and fire/emergency response throughout the City. Such personal use is limited to use only with Tooele City limits. The Fire Department Policies & Procedures Manual may provide additional information on personal use of fire vehicles. Injuries sustained during personal use are not work-related injuries and are the officer’s responsibility.
2. Commuter Use of a City Vehicle
a. Commuter use of a City Vehicle is travel, not on work time, from the first trip outbound at the beginning of the work period and the last trip back home at the end of the work period and vice versa.
b. The IRS considers commuter use of a City vehicle to be a taxable fringe benefit to the employee commuting in the City vehicle, whether as a driver or passenger, unless the vehicle is specifically excluded under the IRS law. Examples of vehicles excluded under the IRS law include police vehicles, fire trucks, snow plows, and a department’s designated on-call vehicle when the employee is serving in the official on-call capacity.
c. To calculate the value of the fringe benefit Tooele City has adopted the Commuting Valuation Rule, a flat $1.50 each way ($3 round trip) for employees who are required to commute in the City vehicle for the benefit of the City. Employees in the following positions may be required to commute in a City vehicle year-round or during specific seasonal periods to meet unique work needs:
• Parks Maintenance Supervisor
• Parks & Recreation Director
• Public Works Director
• Streets Supervisor
• Water Distribution Superintendent
• Water Reclamation Superintendent
In the event other positions require the employee to commute in an IRS non-excludable City vehicle or a position is removed from this list, a written memorandum signed by the Mayor shall be provided to the human resource office until such time this Section can be updated.
SECTION 40: AMENDMENT OF POLICIES AND PROCEDURES (pdf.)
A. CITY’S RIGHT TO AMEND
Tooele City reserves the right to add or change any or all policies contained in this Manual pursuant to this Section. Although Tooele City desires to openly communicate with employees and provide advanced notice of proposed changes, such changes may be done without prior notice to the affected employee(s) when deemed necessary or otherwise appropriate for the efficient operation of the City.
B. AMENDMENT PROCEDURE
When amended pursuant to this Section, the policies and procedures in this Manual, as amended, supersede all prior Tooele City Corporation policies, procedures, or practices, and all other statements or commitments, oral or written, either express or implied except for those contained in a written contract signed by the employee and the Mayor.
A. CITY’S RIGHT TO AMEND
Tooele City reserves the right to add or change any or all policies contained in this Manual pursuant to this Section. Although Tooele City desires to openly communicate with employees and provide advanced notice of proposed changes, such changes may be done without prior notice to the affected employee(s) when deemed necessary or otherwise appropriate for the efficient operation of the City.
B. AMENDMENT PROCEDURE
1. Recommendation. The Tooele City Personnel Policies and Procedures Recommendation Committee may propose an amendment if approved by the two-thirds vote of the Committee members. The Policies and Procedures Recommendation Committee consists of the appointed administrative department
heads and the Mayor or Mayor’s designee.
2. Mayoral Approval. The amendments are then presented to the Mayor for consideration. The Mayor will recommend that that the amendment be returned for re-evaluation by the Recommendation Committee or forwarded to the Council for consideration.
3. Council Approval. The amendments are then presented to the City Council for consideration. To become effective, the City Council must approve, by ordinance, any amendment to the Tooele City Personnel Policies and Procedures Manual. Amendments may be approved with a retroactive effective date.
C. APPLICABILITY OF PRIOR POLICIES, PROCEDURES, OR PRACTICESWhen amended pursuant to this Section, the policies and procedures in this Manual, as amended, supersede all prior Tooele City Corporation policies, procedures, or practices, and all other statements or commitments, oral or written, either express or implied except for those contained in a written contract signed by the employee and the Mayor.
SECTION 41: SAVINGS CLAUSE (pdf.)
Any and all provisions contained herein are subject to the City’s budget limitations and restrictions and shall not overspend the City budget.
Any and all provisions contained herein are subject to the City’s budget limitations and restrictions and shall not overspend the City budget.
SECTION 42: SEPARABILITY CLAUSE (pdf.)
If any Section of these policies and procedures is found to be invalid, that finding will not invalidate the other sections of the policies and procedures.
If any Section of these policies and procedures is found to be invalid, that finding will not invalidate the other sections of the policies and procedures.
APPENDIX B: ENABLING ORDINANCES (.pdf)
| 91-06 | An Ordinance adopting a New Tooele City Personnel Policies and Procedures Manual Effective August 21, 1991 |
| 92-06 | An ordinance Repealing Section 9F and adopting Section 4H of the Tooele City Personnel Policies and Procedures Manual Effective February 11, 1992 |
| 94-07 | An Ordinance adopting Section 26P and Related Forms for the Tooele City Personnel Policies and Procedures Manual Effective February 2, 1994 |
| 95-12 | An Ordinance adopting Section 11: Retirement Part F to provide for single retiree medical coverage for one year for every five years of service. Effective June 17, 1995 |
| 98-19 | An Ordinance adopting Section 0: Disclaimer, amending Section 1: Equal Employment Opportunity and Americans with Disabilities, amending Section 2: Hiring, amending Section 40: Amendment of Policies and Procedures, and amending Appendix A: Forms Effective July 1, 1998 |
| 98-28 | An Ordinance amending Section 16: Sexual Harassment, amending Section 32: Training and Educational Assistance, and amending Appendix A: Forms Effective September 1, 1998 |
| 99-17 | An Ordinance adopting Section 43: Domestic Violence. Effective September 1, 1999 |
| 2000-05 | An Ordinance amending Section 17: Drug-Free Workplace and amending Appendix A: Forms Effective April 5, 2000 |
| 2000-19 | An Ordinance amending Section 11: Retirement, Section 26: Sick Leave, Section 36: Use of City Equipment and Facilities, and Appendix A: Forms |
| 2001-07 | An Ordinance amending Sections: 3: Job Classification, 4: Employment Status, 5: Employment Status Change, 7: Work Hours, 9: Compensation, 10: Salary Advancement & Employee Appraisal, 12: Discipline, 34: Travel, and 40: Amendment of Policies and Procedures, and amending Appendix A: Forms. Effective July 1, 2001 |
| 2001-32 | An Ordinance correcting typing errors in Section 9: Compensation and Section 17: Drug-Free Work Place. Effective November 2001 |
| 2003-16 | An Ordinance revising: Section 4: Employment Status & Benefits Eligibility, Section 9: Compensation, Section 24: Annual Leave, Section 26: Sick Leave, Section 25: Funeral Leave, Section 27: Leave of Absence, Section 32: Training & Educational Assistance, and Section 38: Purchases & Reimbursements. Appendix A: Forms was also updated to reflect current forms in use. Effective July 2003 |
| 2003-16A | An Ordinance renaming: Section 29: Benefits and restating the policy to reflect current administrative activities and updates to legally required COBRA notices. This incorporated Section 30: Flexible Spending Plan and Section: 31 401K Plan. These Section numbers are now blank. The Ordinance also implemented Section 12: Computer Systems, Internet, and Electronic Mail. Effective January 2004 |
| 2004-13 | An Ordinance changing Section 2: Hiring, Section 9: Compensation, and Section 23, Holidays. Effective November 2004 |
| 2005-02 | An Ordinance revising Section 7: Work Hours and Compensation to reflect a change in the pay period for sworn police officers from 80 over a 14-day period to 84 over a 14-day period. Revising Section 9: Compensation to reflect change in police pay period, approval of over-time or compensatory-time for exempt employees when wages are reimbursed by another agency; changes in compensation policy for disciplinary demotions and medical related demotions; and administrative changes. Changes Section 13: Grievance to clear up administrative issues and made changes to comply with revisions in Utah State law. Section 27: Extended or Intermittent Leave revised to clarify intermittent leave for birth or placement of a child as well as use of compensatory time. Policies in general were approved effective January 2005. Provisions that change the police pay period were changed with an effective date of February 6, 2005. |
| 2005-12 | An Ordinance revising: Section 4: Employment Status & Benefit Eligibility; Section 6: Nepotism; Section 29: Benefits; and Section 36: Use of City Equipment and Facilities. |
| Sept. 2005 | Personnel Policies and Procedures were reprinted. Section 11: Retirement was renumbered to Section 30 and Section 43: Domestic Violence was renumbered to Section 11. |
| 2005-20 A | An Ordinance revising Section 15: Political Activity to remove the mandate that a City employee take a leave of absence from employment following the primary election. Effective September 2005 |
| 2008-14 A | An Ordinance revising several Sections of the Manual: Section 0 Disclaimer. Renamed “About this Manual;” Section 1 Equal Employment Opportunity Statement; Section 2 Hiring. Renamed “Hiring & Job Assignments;” Section 4 Employment Status and Benefit Eligibility, Renamed “Employment Status, Independent Contractors, & Volunteers;” Section 5: Discipline, Renamed “Corrective Action, Discipline, and Separation;” Section 6: Nepotism; Section 7: Work Hours and Attendance, Renamed “Work Hours, Period, & Attendance;” Section 10: Performance Reviews; Section 24: Annual Leave; Section 26: Sick Leave; Section 27: Extended or Intermittent Leave (FMLA), Renamed “Family and Medical Leave Act and City Approved Leave of Absence” and updated to comply with 2008 amendments to the Family and Medical Leave Act specifically regarding FMLA expansion for military related absences; Section 29: Benefits. Changes 401K employer contribution calculation for employees in the Non-contributory retirement plan; and, Section 30: Retirement & Retiree Benefits. Editorial revisions including an updating cash-out table due to changes in Utah State Retirement law. Effective December 22, 2008 |
| 2011-08 | An Ordinance revising several sections of the Manual: Section 0: About This Manual. Section 1: Equal Employment Opportunity Statement. Section 3: Job Descriptions and Classification was repealed and data pertaining to job descriptions was moved to Section 9: Compensation. Section 4: Renamed Independent Contractors, Volunteers, and Employee Status. Data pertaining to FLSA definitions was moved to Section 9: Compensation. Removed paragraph regarding Civil Service & Applicability. Changed orientation period to 12 months from hire (or completion of FTO for sworn officers) rather than 6 months. Section 7: Renamed Work Schedules and Attendance. Data pertaining to Work Period was moved to Section 9: Compensation. Communicates some of the responsibilities employees have in regards to attendance and punctuality. Section 9: Compensation. Incorporated data currently included in Section 3: Job Descriptions and Classification; Incorporated some of the data currently included in Section 7: Work Hours & Attendance. This was the data that defined Tooele City’s work period which relates to compensation and payroll processing. Narrative on Tooele City’s compensation philosophy; Included policy for “market adjustments when deemed necessary and practical”; Incorporated narrative to clarify how sworn police officers record their hours worked when the shift spans over two calendar days; Adjust for Time Report policy guidelines; Defined De Minimis Work time; Made changes to compensatory time policy including carry over, use requirements, and other provisions that were barriers to winter work; Updated policy regarding interplay of comp-time and FMLA to reflect the legal changes in the FMLA so Comp-time can now run concurrently with FMLA, if applicable; Better defined call-out policy requirements and included clarification on call-out provisions including how travel time is paid if an employee is called out to work; Better defined on-call policy and response reporting requirements; Clarified time recording requirements due to technological devices such as when using blackberry phones, access to work at home, etc. Section 37: Garnishments. Repealed. Section 40: Amendment of Policies and Procedures. Notice of right to amend and applicability of prior policies, procedures, or guidelines was moved from Section 0 to this Section. Effective March 3, 2011 |
| 2011-11 | An Ordinance revising Section 9: Compensation, Section 29: Benefits, and Section 30: Retiring & Retiree Benefits. Clarifies how pay is adjusted for involuntary demotions due to reduction in force. Clarifies that call-out premium pay does not apply to temporary, seasonal, and substitute employees. Changes policy so that call-out premium pay is no longer paid to part-time regular employees. Updates policies to reflect changes in benefits due to various changes in law including healthcare reform and Tier 2 Pension Plans. |
| 2013-12 | An Ordinance revising Section 4: Employee Classifications, Independent Contractors & Volunteers; Section 9: Compensation; Section 13: Grievance; Section 16: No Harassment & No Retaliation; Section 24: Annual leave; Section 25: Funeral; Section 26: Sick Leave; Leave; and Section 29: Benefits. Many of the changes were due to PPACA (Healthcare Reform Laws) and changes to benefit package. Effective July 1, 2013 |
| 2016-01 | An Ordinance revising Section 1: EEO, Section 5: Corrective Action, Discipline, & Separation; Section 6: Nepotism; Section 12: Computer Systems, Internet, and E-mail; Section 13: Grievance; Section 16: No-Harassment & No-Retaliation; Section 22: Administrative Leave; Section 27: FMLA & City LOA; Section 30: Retiring & Retiree Benefits; Section 31: Gifts, Prizes, Awards, Wellness/Rec Card, & Discounts; Section 34: Travel; and Section 36: Driving & City Vehicles. Effective January 11, 2016 |
| 2016-19 | An Ordinance revising Section 1: EEO & Workplace Accommodations, Section 9: Compensation, Section 29: and Benefits, Section 34: Travel. Effective November 17, 2016 except Section 29 revision is effective January 1, 2017 |
| 2018-20 | An Ordinance revising Section 2: Hiring; Section 6: Nepotism; Section 9: Compensation, Section 17: Drug-Free Workplace; Section 23: Holidays; Section 25: Funeral Leave; Section 29: Benefits; Section 31: Gifts, Prizes, Awards, Wellness/Recreation Card & Discounts; and Section 32: Training & Educational Assistance. Also repealed Section 11: Domestic Violence. Effective October 2018, except that police payroll and benefit changes become effective December 2, 2018. |
| 2021-34 | An Ordinance revising Section 2: Hiring; Section; 9: Compensation adding a phone allowance option and updating severance pay provisions for appointed employees; Section 17 Drug & Alcohol Free Workplace to address legal use of medical cannabis and changing pre-employment drug screening to safety sensitive and CDL drivers only; Section 23: Holidays adding the day after Thanksgiving as a paid holiday; Section 24: Annual Leave changing the max payout and removing the new employee payback requirement; Section 29: Benefits with editorial updates; Section 38: Purchases & Reimbursements; and Section 39: Driving & City Vehicles to add GPS system to vehicles and updating the commute list. Effective November 1, 2021 |
| 2022-16 | An Ordinance revising Section 12: Computer Systems, Internet, and E-mail; Section 23: Holidays to add National Freedom Day; Section 25: Funeral Leave to add miscarriage to list and retitle Section to Bereavement & Funeral Leave; Section 29: Benefits changing City Council Tier 2 Equalization Benefit amount, eliminating the PS Tier 2 Enhanced Benefit, Increasing the PS Tier 2 Pick-up Election with URS, and edits for URS firefighter benefit programs; Section 30: Retiring & Retiree Benefits removing the option to convert sick leave for insurance premiums and new retirees ability to remain on the City’s Group Insurance past their Earned Premium Credit period, and add public safety mental health benefit for public safety retirees pursuant to change in Utah State law. |
| 2022-39 | An Ordinance adding Section1 Ethics & Conflicts of Interest and renumbering Section 1, 2, and 3; makes editorial revisions to Section 5: Corrective Action, Discipline, & Separation; edits Section 9: Compensation to implements holiday buy-back for sworn law enforcement officers working patrol; edits section 13: Grievance for grammatical errors; rewrites Section 14: Outside Employment; Edits Section 23: Holidays to address when the patrol buy-back applies; and edits Section 39: Driving & City Vehicles to add provision for fire personnel personal use of City vehicles and makes grammatical edits. |
| 2023-24 | An Ordinance revising Section 2: Equal Employment Opportunity & Workplace Accommodations noting City compliance with new legislation: Federal Pregnant Workers Fairness Act (PWFA) and Providing Urgent Maternal Protections for Nursing Mothers (PUMP) Act; Section 14: Outside Employment editorial revisions; Section 29: Benefits removes part-time Council Members’ ability to participate in the Tooele City Group Health or Waiver program; clarifies hour calculation for variable hour employees Patient Protection and Affordable Care Act (PPACA) eligibility to include all hours paid (even if not worked); adds cash-in-lieu/waiver information to policy and makes editorial revisions to Section 125 plan narrative; adds information regarding Health Savings Plan (HSA) eligibility and employer contributions; makes revisions to the Utah Retirement System benefit regarding Tier 2 benefit protection contracts to comply with Utah State law requiring benefit protection for sworn police officers and firefighters whose line-of duty long-term disability benefits extend beyond workers compensation, if applicable; and, includes information regarding eligibility for exemption from vesting requirements of the Tier 2 plan for certain eligible employees; and Section 30: Retiring & Retiree Benefits modifying the Public Safety Mental Health Retiree Benefit provision due to changes in Utah Code Title 54, Chapter 21 passed in the 2023 legislative session. Effective June 25, 2023 |
| 2024-13 | An Ordinance making editorial revisions to Section 0: Abou this manual, Section 12: Computer Systems, Internet, and Electronic Mail, and Section 27: FMLA & City LOA. Also updated Section 31: Gifts, Prizes, Awards, Wellness/Recreation Card & Discounts making editorial revisions and simplifications: clarification on golf staff acceptance of tips and gratuities at the cafe/catering/food & beverage services; added additional/new City facilities to the list of discounted rental fees. Also updated Section 34: Travel per diem rates for overnight travel and Section 39: Driving & City Vehicles updating the list of positions that are required to commute and child labor law regulations. |
| 2026-28 |
An Ordinance updating the Front Matter to a new City motto and Table of Contents; Section 9: Compensation, updating compensation policies, overtime and comp-time provisions due to the One Big Beautiful Bill Act, increasing the Tenured Service Performance Bonuses, special duty assignment pay, allowances, and other payroll-related matters; Section 12: Information Technology, modernizing technology policies and addressing cloud-based systems, artificial intelligence, employee-owned devices, and records retention; Section 23: Holidays, changing the observance of Juneteenth; Section 28: Military Leave, updating leave measurement periods and related benefit provisions; Section 29: Benefits, updating retirement plan options, eligibility, and automatic enrollment and escalation provisions; Section 31: Gifts, Prizes, Awards, Wellness/Recreation Card & Discounts, revising provisions for employee bereavement and retirement gifts; Section 32: Education Reimbursement Benefit Program, increasing the annual reimbursement limit and updating tax provisions; and Section 34: Travel, clarifying overnight accommodations, lodging, transportation, mileage reimbursement, and meal provisions. Also updates Appendix B: Enabling Ordinances, and makes editorial revisions throughout the affected sections. Effective September 2026 |