Personnel Policies & Procedures

SECTION 0:  ABOUT THIS MANUAL (.pdf)

A. PURPOSE OF MANUAL

B. NOT A CONTRACT
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.

SECTION 1:  ETHICS & CONFLICTS OF INTEREST (pdf.)

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: 

When facing an ethical dilemma, the best course of action may not always be clear. Questions to ask include, but are not limited to:

Is this legal? Is  this a violation of Tooele City Personnel Policies & Procedures, City Code, directives, or other internal controls? Is the interest of Tooele City being placed above personal interests? If this were the headline in the news, how would it look? How would this impact the reputation of Tooele City with the public? How would this be explained in a public meeting if I had to? Why does this feel off?

If an employee is still not sure, ask for guidance!

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:

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.)

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:

B. Workplace Accommodations

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.

SECTION 3:  HIRING & JOB ASSIGNMENTS (pdf.)

A. GENERAL POLICY

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. 

G. CRIMINAL HISTORY RECORD GUIDELINES

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
D. INDEPENDENT CONTRACTORS


E. VOLUNTEERS

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.

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


H. VOLUNTARY RESIGNATION
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.

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

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.

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

SECTION 9:  COMPENSATION (.pdf)

A. PURPOSE

This Section:

This Section does not identify every compensation-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 and complies with applicable laws.

B. DEFINITIONS


C. COMPENSATION OBJECTIVE & JOB CLASSIFICATION


D. STEP ASSIGNMENT UPON HIRE
Newly hired regular employees are assigned to step zero of the salary grade for their job, except that the Mayor may approve assignment to a higher step if a suitable and qualified employee cannot be recruited at step zero, the qualifications of the person selected for the job exceed the minimum requirements and the person can be expected to perform at a level equal to that of other employees being paid at the same higher step, or the position is an FLSA exempt position and placement at step zero does not meet the legally required
minimum wage for exemption classification.

E. STEP INCREASES
When approved in the City’s budget, regular 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:


F. TENURED SERVICE PERFORMANCE BONUS (TSP Bonus)
When approved in the City’s budget, a Tenured Service Performance Bonus (TSP Bonus) may be considered for regular employees who have reached the maximum step of their job’s salary grade, are not red-circled, and have received a minimum of 3.0 on their most recent performance evaluation. A TSP bonus is $500.

G. APPOINTED EMPLOYEES’ COMPENSATION
Compensation for appointed employees is generally consistent with the pay plans for regular status employees. However, the Mayor with approval of the City Council, reserves the right to deviate from established standards or to make adjustments at any time. 

H. ELECTED OFFICIALS’ COMPENSATION & ALLOWANCES


I. COST OF LIVING
Cost of living increases (COLA) are considered in the annual budget proposal to the City Council. All regular employees whose salaries are not red-circled are eligible for an approved cost of living increase. Generally, the salary schedule is adjusted to reflect cost of living adjustments. Cost of living adjustments do not affect an employee’s salary review date.

J. PROMOTION
Promoted employees receive a minimum of a 5% pay raise and are placed at a minimum of step one (1) or the step next closest to the calculated adjustment (except for promotions into police officer positions where the promoted employee may be placed at step 0 of the position). The salary review date is reset to one year after the effective date of the promotion (exception applies for police FTO completion) unless future changes reset such date. The Mayor may approve assignment to a higher step if the qualifications of the employee selected for the job exceed the minimum requirements, and the employee can be expected to perform at a level equal to that of other employees being paid at the same or higher step. They Mayor may also approve assignment to a higher step if the position is an FLSA exempt position and the calculated promotion pay does not meet the legally required minimum wage for FLSA exemption.

K. TEMPORARY PROMOTION
With approval of the Mayor, an employee who is temporarily promoted for one consecutive month (160 consecutive hours) or longer may receive an adjustment in pay to reflect the temporary promotion. Such adjustment is reversed to the employee’s prepromotion salary when the temporary promotion ends. Temporary promotions do not affect the employee’s regularly scheduled review date. The conclusion of a temporary
promotion is not considered a demotion.

L. DEMOTION

M. RECLASSIFICATION


N. LATERAL TRANSFER
No change in pay is granted for lateral transfers. An employee maintains his/her salary
review date.

O. HOLIDAY PAY


P. OVERTIME PAY


R. CALL-OUT PREMIUM PAY S. ON-CALL ROTATION PREMIUM PAY / ON-CALL EMPLOYEE


T. DAYLIGHT SAVINGS TIME CHANGES
One hour worked is granted when an employee works through the time change from daylight savings to standard time (fall). One hour of Administrative Pay is granted when a work shift would otherwise be adversely affected by the time change from standard to daylight savings time (spring).

U. PHONE ALLOWANCE & AFTER HOUR WORK ON SMART-PHONES, I-PADS, LAPTOP COMPUTERS, AND OTHER TECHNOLOGY FOR FLSA NON-EXEMPT EMPLOYEES

V. FLSA EXEMPT EMPLOYEES’ COMPENSATION

W. PAY ADVANCEMENTS
An employee may not receive a pay advancement.

X. SEVERANCE PAY

Y. WORK PERIOD & WORK DAY Z. PAY DAY
Employees are paid every two weeks, on or before the Friday following the end of the pay period.

AA. APPROVING PAY CHANGES
Any change in pay is made by the use of a Personnel Action Report. Any action will be considered invalid until the Personnel Action Report is completed and all signatures are obtained indicating approval of the change. Global pay adjustments, such as COLA adjustments, do not require the use of a Personnel Action Report.

BB. TIME REPORT (TIME CARD) & RECORDING HOURS
CC. DIRECT DEPOSIT Receiving payroll via direct deposit is a condition of employment. Employees need to complete a direct deposit authorization form prior to the City processing their first paycheck. Exceptions include payment for the first pay period, when a change or prenotice is necessary for an employee, when it is determined that issuing a check is in the best interest of the City, issuing a check is a one-time only payment to an individual.

DD. EMPLOYEE VERIFICATION OF PAYCHECK ACCURACY
Employees are responsible for reviewing their pay checks for accuracy. Any discrepancies or concerns should be reported to payroll by the pay period following that in which the change was to have been effective. Tooele City reserves the right to decide what, if any retroactive adjustments will be made, and as a general rule the City does not make retroactive adjustments outside of the current fiscal year.

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.

SECTION 12:  COMPUTER SYSTEMS, INTERNET, AND ELECTRONIC MAIL (E-mail) (pdf.)

A. APPLICABILITY & DISCLAIMER

B. DEFINITIONS
As used in this Section, the following have the stated meanings:

C. PROPERTY OWNERSHIP, PRIVACY, & MONITORING D. HARDWARE, SOFTWARE & LICENSES E. PASSWORDS & COMPUTER SYSTEMS SECURITY F. PERSONAL USE – ALLOWED & PROHIBITED
Tooele City’s computer systems, in general, may not be used for personal use. Tooele City does recognize that incidental/occasional personal use may occur while working and such incidental/occasional use is allowed, provided it is not for one of the following: G. EMAIL GUIDELINES H. USE OF PERSONAL DEVICES I. CITY WEBSITES
City websites, including tooelecity.gov and specific department websites, may be used to enhance communications subject to the following rules and guidelines: J. CITY USE OF SOCIAL MEDIA
City social media, including the City’s Facebook page and specific department social media efforts, may be used to enhance communications with citizens and program participants subject to the following rules and guidelines: K. EXCEPTION TO CITY USE OF SOCIAL MEDIA
Law enforcement personnel and legal staff may engage in use that is listed as prohibited when such use is necessary to perform their law enforcement and legal duties and he/she has received advance approval from his/her supervisor. It is recommended that supervisors provide the IT Department with notice of authorized use.

L. EMPLOYEE PERSONAL USE OF SOCIAL MEDIA
Employees’ personal use of social media may create workplace implications. Therefore, the following guidelines and reminders are provided to employees: M. STORAGE & RETENTION OF ELECTRONIC RECORDS N. SOFTWARE VENDORS, GUESTS, AND CONTRACTORS O. REPORTING VIOLATIONS
Employees should report violations of this policy to their immediate supervisor, or, if the violation is allegedly being committed by the supervisor, the employee may choose to report the violation to the department head, the human resource director, or the Mayor. To the extent possible, reports will be handled with confidentiality.

P. PENALTIES
Violations of this Section may be considered sufficient cause for disciplinary action in compliance with Tooele City’s disciplinary policies, up to and including termination. Employees may be held responsible for any damages caused by unauthorized software or viruses they introduce into the computer system. In addition, violations of this Section or misuse of the e-mail, Internet system, or social media may be referred for criminal prosecution if warranted.

SECTION 13:  GRIEVANCE (.pdf)

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.

B. GRIEVANCE

• • 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.

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.

C. APPEAL BOARD

D. COURT OF APPEALS
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.

SECTION 14:  OUTSIDE EMPLOYMENT (.pdf)

A. POLICY

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:

B. POLITICAL SUPPORT
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.

SECTION 16:  NO HARASSMENT & NO RETALIATION (pdf.)(Sexual Harassment, Discriminatory Harassment, Workplace Violence, & Retaliation)

A. PURPOSE
This Section:

B. POLICY SUMMARIZED

C. TYPES OF HARASSMENT & CITY’S EXPECTATIONS
For purposes of this Section, Tooele City defines harassment as follows:

D. RETALIATION
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. 

E. MANAGEMENT RESPONSIBILITY TO ENFORCE & ACT
F. EMPLOYEE RESPONSIBILITY TO REPORT



H. RECORDS

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

• • 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).

• • Employees may possess drug paraphernalia in performance of their work duties such as cleaning up needles.

• • 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.

• • Authorized golf course staff may sell, purchase, transfer, dispense, possess, store and distribute alcohol for patron consumption when part of their job duties.

• • Use of medical cannabis would jeopardize federal funding for the employee’s position;

• • Use of medical cannabis would jeopardize a federal security clearance required for the employee’s position;

• • The employee’s position is dependent on a license that is subject to federal regulations; or,

• • 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.

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”). 

• • 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.

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 – 

• 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.

Consume/Consumption - To inhale, ingest, inject, or otherwise take into the body. See Use.

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. 


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:

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:

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
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 occupational disease disability compensation. An employee=s right to return to City employment is governed by the following:

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.

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.

SECTION 23:  HOLIDAYS (.pdf)

A. PURPOSE
This Section specifies 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:

January 1	New Year's Day
Third Monday in January	Observed as  the anniversary of the birth of Dr. Marin Luther King, JR., also known as Human Rights Day.
Third Monday in February	Presidents' Day
Last Monday in May	Memorial Day
While celebrated on June 19, under Utah State Law, if the holiday falls on a Tuesday, Wednesday, Thursday or Friday it will be observed on the  preceding Monday. If the holiday falls on a weekend, it will be observed the following Monday.	National Freedom Day. Observed in honor of the emancipation of enslaved African Americans in the US, also known as Juneteenth and Emancipation Day.
July 4	Independence Day
July 24	Pioneer Day
First Monday in September	Labor Day
Second Monday in October	Columbus Day
November 11	Veterans' Day
Fourth Thursday in November	Thanksgiving Day
Generally the Fourth Friday in November	Friday After Thanksgiving Day
December 25	Christmas Day

C. HOLIDAYS ON WEEKENDS
Excluding National Freedom Day, when a holiday falls on Saturday, the preceding Friday shall be the holiday. 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 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 

C. ALLOWABLE USES

D. MAXIMUM ACCUMULATION
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 F. SAME DAY AS HOLIDAY
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.

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

C. NOTICE & VERIFICATION OF NEED FOR LEAVE


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

C. ELIGIBILE USES
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:

Reasons Relating to Employee
Eligible Uses	Examples of Ineligible Uses or Abuse Indicators
Temporary incapacity due to illness or injury making the employee unable or unfit to perform the duties of his/her job; Infection with, or verified exposure to, a contagious illness or disease such that his or her presence on the job might jeopardize the health of others;  Incapacity due to hospitalization, surgery, medical recovery, or home bound restriction; Employee’s medical appointments  that cannot reasonably be scheduled during non-work hours; Maternity prenatal care, birth, or recovery from birth; or, Temporary incapacity following death if employee is also approved for FMLA as a qualifying serious medical condition. If not approved for FMLA, sick leave may not be used to cover the absence.	Mental health days not otherwise protected by FMLA;  General irresponsibility such as oversleeping in the morning or not hearing an alarm; hangovers; sunburn, worn out; etc.; Taking more sick leave than needed such as taking 8 hours of sick leave when the  appointment could be completed in 4 hours; Sick leave use that appears to follow an  unjustified pattern or is excessively on certain days such as Monday or Friday; Requesting to use sick leave when the original absence was otherwise not due to sickness such as proclaiming to have gotten sick while on an out-of-area vacation;  Inability to produce satisfactory verification of need for leave when requested; Conflicting or changing verifications of need for leave from employee or medical provider; Using sick leave after giving notice of  resignation; or,  Engaging in activities that conflict with the stated need for leave (i.e. home bound but is seen shopping).
Reasons Relating to Employee's Family
Eligible Uses	Examples of Ineligible Uses or Abuse Indicators
When the employee is needed to attend to the employee’s spouse or dependent children (under age 18 or permanently disabled adult child dependent upon parent and claimed on taxes) as a result of scheduled medical appointments that cannot reasonably be scheduled during non-work hours;  hospitalization, medical recovery, illness, or infection with exposure to contagious disease; or, When the employee is needed to provide for medical care and/or attendance to medical issues for a member of the employee’s family living in the employee’s household.	Lack of day care provider; Taking more sick leave than needed such as taking 8 hours of sick leave when the appointment could be completed in 4 hours but employee took the rest of the day off (4 hours annual leave should be used); or,  Sick leave use that appears to follow an unjustified pattern or is excessively on certain days such as Monday or Friday.
Reasons Approved as FMLA-Protected Leave May Run Concurrently With Sick Leave
Eligible Uses	Examples of Ineligible Uses or Abuse Indicators
FMLA-protected mental health absences; Bonding with a newborn or newly adopted child under age 18, for up to the first six months of life or up to the first six months from date of placement;  For the employee acting as the primary caregiver for a wounded armed services member who is a spouse, child (no age limitation), or biological, step-,or in-law parent when no other primary caregiver support resources are practical; or, When the employee is needed to provide for medical care of an ailing and/or aging biological or step parent when no other resources are practical. FMLA does not apply to in-law parents. This includes the need to be present to assist with making medical decisions or to assist with understanding during scheduled medical appointments, to provide transportation for scheduled medical appointments, or to provide care during recovery from a serious medical condition.	Lack of day care Attending to in-law parent as this is not FMLA-protected leave;  Attending to a parent in locus may be FMLA-approved leave but does not qualify for concurrent sick leave use; Misrepresenting need for leave as sick leave as FMLA-protected; or, Sick leave use that appears to follow an unjustified pattern or is excessively on certain days such as Monday or Friday.
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
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:

G. SAME DAY AS HOLIDAY
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.

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. B. CITY APPROVED LEAVE OF ABSENCE
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. POLICY:
Leave may be granted for periods of active military service.

B. SHORT-TERM LEAVE:
Short-term military leave is leave of less than six months in duration for active military service. Such leave shall be authorized for permanent employees subject to all of the following conditions being met:

C. EXTENDED LEAVE:
Extended military leave is military leave of six months or more. Extended military leave without pay may be granted to permanent employees who enlist, are drafted, or are recalled to active service in the armed forces of the United States in accordance with the Military Selective Service Act, 50 USCS Appx., Section 451 et seq. Employees on extended military leave shall be permitted to return to City employment pursuant to the following conditions:


D. BENEFITS:
Benefits shall not accrue for employees on short-term military leave after the eleven days leave are used, nor for employees on extended military leave.

SECTION 29:  BENEFITS (pdf.)

A. PURPOSE


B. BENEFIT ELIGIBILITY
Benefit eligibility is determined by the employee’s employment status, schedule status, and benefit provider contracts. In general, eligibility is as follows:

Full-Time Employees
	Full-Time Regular or Appointed		Full Time Mayor
	40 Hours	30-39.75 Hours
401K	Yes	Yes	Yes
Annual Leave	Yes	Prorated	N/A
Dental	Yes	Yes	Yes
EAP Program	Yes	Yes	Yes
Flexible Spending Account	Yes	Yes	Yes
Holiday Pay	Yes	Prorated	N/A
IRA/Roth IRA	Yes	Yes	Yes
Leave, Misc. Paid - Funeral, Jury & Witness, and Military	Yes	Prorated	N/A
Life Insurance & AD&D	Yes	Yes	Yes
Long-term Disability	Yes	Yes	Yes
Medical - Health Insurance  or Waiver payment in lieu of coverage if evidence of other coverage is provided to Tooele City	Yes	Yes	Yes
Short-term Disability	Yes	Yes	No
Sick Leave	Yes	Prorated	N/A
State Retirement Benefits	Yes	Yes	Yes
Vision	Yes	Yes	Yes
Wellness/Recreation Pass	Yes	Yes	Yes
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 paid leave and holiday for additional information.

Part-time Employees
	Part-time Regular or Appointed		Part-time Elected Officials
	20-29.75 Hours	1-19.75 Hours	Part-time Mayor	Part-time Council Member
401K	Yes but no City Contribution	Yes but no City Contribution	Yes	Yes
Annual Leave	Prorated	Prorated	No	No
Dental	No	No	Yes	Yes
EAP Program	No	No	Yes	Yes
Flexible Spending Account	Yes	No	Yes	Yes
Holiday Pay	Prorated	Prorated	N/A	N/A
IRA/Roth IRA	Yes	Yes	Yes	Yes
Leave, Misc. Paid - Funeral, Jury & Witness, and Military	Prorated	Prorated	N/A	N/A
Life Insurance & AD&D	No	No	Yes	Yes
Long-term Disability	Yes	No	Tier 1 = Yes, If salary meets URS eligibility criteria Tier 2 = No
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
Short-term Disability	No	No	No	N/A
Sick Leave	Prorated	Prorated	N/A	N/A
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
Vision	No	No	Yes	Yes
Wellness/Recreation Pass	No	No	Yes	Yes
Worker's Compensation	Yes	Yes	Yes	Yes

Prorated = Benefits are prorated as percentage of hours worked as compared to a 40-hour schedule. See specific policies regarding paid leave and holiday for additional information.

Variable Hour Employees Contingent: Temporary, Seasonal, Cyclical, or On-call
401K	Yes, may make personal contributions but not eligible for any City Contribution
IRA/Roth IRA	Yes, may make personal contributions
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) during the period of April 1st 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.
State Retirement	No
Worker's Compensation	Yes
No other benefits are offered to variable hour employees

C. SECTION 125 / FLEX / CAFETERIA PLANS
Pursuant to Section 125 of the Internal Revenue Code, Tooele City has adopted plans which provide employees an opportunity to choose between cash and receiving certain qualified benefits on a pretax basis. Pretax means an amount is withheld form an employee’s gross pay before any taxes are calculated. These deductions reduce employee’s taxable income meaning they owe less income taxes. At the end of the year, an employee’s W-2 statement will show the reduced net amount of salary for purposes of computing taxes. Because Social Security taxes are reduced, some employees might experience a slight reduction in Social Security benefits when they become eligible to receive them.

Tooele City utilizes a third-party benefits administrator. In cooperation with Tooele City human resource department, the third-party administrator will make available rules, guidelines, and information pertaining to the Plan. Plan documents for the following plans can be obtained from the human resource department and may change as plan guidelines change, tax laws, and/or administration guidelines change:


D. HEALTH SAVINGS ACCOUNT (HSA)
Tooele City has adopted a Health Savings plan option for eligible employees who are:

• Enrolled in a qualifying high deductible plan;
• Have no other insurance coverage other than those specifically allowed by the IRS (i.e. another qualifying high deductible health plan); and,
• May not be claimed as a dependent on someone else’s tax return.

Employees are encouraged to consult with a tax advisor about eligibility and tax implications relative to participating in the Health Savings Account.

Such accounts are individual trusts or custodial accounts, each established and maintained by the employee with a qualified trustee/custodian. Tooele City will withhold contributions from the employee’s paycheck and forward the contributions to the trustee/custodian on behalf of the employee. Tooele City may make an employer contribution to eligible employee’s HSA accounts as determined during the fiscal year budget process.

The employee is responsible for using their account in compliance with all IRS regulations. Review plan documents for using HSA funds for dependent expenses.

Tooele City utilizes a third-party benefits administrator to assist with administering the HSA account. In cooperation with Tooele City human resource department, the third-party administrator will make available rules, guidelines, and information pertaining to the Plan. This information can be obtained from the human resource department and may change as plan guidelines change, tax laws, and/or administration guidelines change.

E. UTAH STATE RETIREMENT PLAN




F. 401(k) PLAN
Pursuant to Section 401(k) of the Internal Revenue Code, Tooele City offers eligible employees the opportunity to participate in a 401(k) plan.

G. HEALTH INSURANCE


I. COBRA CONTINUATION COVERAGE
If a qualifying event occurs that causes an insured employee, spouse, or dependent to lose coverage under Tooele City’s group health or dental plan, they have a legal right under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) to purchase a temporary extension of health coverage (herein called continuation coverage). This notice is intended to inform employees, in a summary fashion, of their rights and obligations under COBRA. Employees are encouraged to share this notice with their spouse.

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

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

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.

SECTION 31:  GIFTS, PRIZES, AWARDS, WELLNESS/RECREATION CARD & DISCOUNTS (pdf.)

A. GIFTS, PRIZES & AWARDS

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.

SECTION 32:  EDUCATION REIMBURSEMENT BENEFIT PROGRAM (pdf.)

A. PURPOSE


B. POLICY
Pending available funding, eligible employees may receive financial reimbursement for education and POST Academy as follows:

C. DEFINITIONS

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.

SECTION 34:  TRAVEL (pdf.)

A. POLICY
It is Tooele City’s policy to pay for and/or reimburse reasonable expenditures incurred by employees on authorized travel consistent with this Section and applicable government regulations.

B. APPROVAL
C. VEHICLES
D. MEALS
K. ALTERNATIVE TRAVEL ARRANGEMENTS YIELDING COST SAVINGS
The City recognizes that circumstances may arise where management may approve alternative travel arrangements or reimbursements provided that doing so results in an overall cost savings and does not exceed IRS allowed non-taxable travel limits. For example:

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.

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:

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.

SECTION 39:  DRIVING & CITY VEHICLES (.pdf)

A. PURPOSE
The purpose of Section is to:
B. AUTHORIZED DRIVERS & STANDARDS C. VEHICLE ACCIDENTS 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.
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. I. PERSONAL AND COMMUTER USE OF CITY VEHICLE

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

C. APPLICABILITY OF PRIOR POLICIES, PROCEDURES, OR PRACTICES
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.

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.

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.

APPENDIX A:  FORMS

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.