The URL can be used to link to this page

Home My WebLink AboutCouncil Packet - 3/21/2022COUNCIL WORK SESSION March 21, 2022 Time indicated below Harold E. Getty Council Chambers RULES FOR WORK SESSION PUBLIC COMMENT Iowa Code Chapter 21 gives the public the right to attend council meetings, but it does not require cities to allow public participation except during public hearings. The city council shall not receive any public comment during a work session. Roll Ca11 Agenda, as proposed or amended Approval of Minutes Minutes of March 7, 2022, as proposed. 3:40 p.m. Update from Red Cedar. Submitted By: Noel Anderson, Community Planning and Development Director Approx. Discussion of an employee handbook. 4:00 p.m. Submitted By: Lance Dunn, Human Resources Director Approx. Discussion of the FYE 2023 budget. 4:20 p.m. Submitted By: Michelle Weidner, Chief Financial Officer ADJOURNMENT Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Minutes of March 7, 2022, as proposed. City Council Meeting: 3/21/2022 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 3/16/2022 - 3:09 PM ATTACHMENTS: Description Type ❑ Minutes of March 7, 2022 Backup Material COUNCIL WORK SESSION March 7, 2022 3:45 p.m. Harold E. Getty Council Chambers Members present: Boesen, Nichols, Amos, Chiles, Grieder, Wilder and Feuss. 106997 - Boesen/Grieder that the Agenda, as proposed, be approved. Voice -vote Ayes: Seven. Motion carried. 106998 - Boesen/Grieder that the Minutes, as proposed, for the Regular Session on Monday, February 21, 2022, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Objective: Discussion of the bio solids project. Randy Bennett provided a brief introduction to the renewable natural gas project that was started a couple of years ago. Randy Wirtz, Strand Associates, provided an overview of the project and answered council's questions. Objective: Discussion of the Capital Improvements Plan. Noel Anderson, Community Planning and Development Director, reviewed the CIP program and the various departmental requests. He explained how the requests are prioritized and clarified questions and concerns from council. Objective: Discussion of the FYE2023 budget. Michelle Weidner, Chief Financial Officer, reviewed the FYE2023 budget with council. Objective: Discussion of expanding the operating area for shared mobility devices. Kelley Felchle, City Clerk, commented on a request to expand the ride zone for the scooters and explained that Jessica Rucker from Main Street Waterloo will be presenting more information on the expanded ride zone. Jessica Rucker, Main Street Waterloo, commented on the overall benefit of scooters within the city, the current ride zone and the proposed expanded ride zone. Council and Jessica Rucker discussed various concerns. Jessica Rucker noted that on April 1, 2022, there would be a safety event to launch the scooters for 2022, which will teach people how to safely use, ride and park the scooters. 106999 - Boesen/Grieder that the meeting be adjourned at 5:01 p.m. Voice -vote Ayes: Seven. Motion carried. Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Update from Red Cedar. City Council Meeting: 3/21/2022 Prepared: 3/9/2022 REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 3/9/2022 - 12:58 PM ATTACHMENTS: Description Type ❑ Presentation Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement/ Background Information: Neighborhood Impact: Data: Community Engagement Methods: Analysis and Strategies: Implementation, Accountability, and Communication:: Expenditure Required/ Source of Funds: Alternative: Update from Red Cedar. Submitted By: Noel Anderson, Community Planning and Development Director REDCEDAR More than just a startup accelerator or venture capital fund. Red Cedar is a startup catalyst, a public -private partnership that exists to support entrepreneurs and high -growth startups across the Cedar Valley —helping them learn faster and accelerate their growth. REDCEDAR Why startups & innovation? "New businesses account for nearly all net new job creation [.1.1" - Ewing Marion Kauffman Foundation, MIT Press Journals REDCEDAR The problem: Cedar Valley startup support had fallen behind Cedar Valley f We are... Iowa City Cedar Rapids - Newboco - Iowa Start Up Accelerator - Iowa Seed Fund I & II 3 yrs behind Ames - CYSta rte rs - Iowa Ag Start Up Engine - Cultivation Corridor 5 yrs behind Des Moines - Gravitate - West Des Moines Incubator - Global Insurance Accelerator 7 yrs behind Cincinnati & Pittsburgh L 10-15 yrs behind REDCEDAR �►1 The Elements Exist, but Lack Organization University of Northern Iowa THE TECHNOLOGY ASSOCIATION OF IOWA G cE \f MILL RACE coworking and collaboration Cedar Falls Utilities THE POWER OF SERVICE ABlo Iowa Association of Business and Industry rev Cfc75 Startup Weekend Powered by Google for Entrepreneurs ALI.1ANCF.. 2{ cHAYLEI A ERICAS SBDC. IOWA COA 4WartburgCollege riEl11-1 SBIR•STTR America's Seed Fund" POWERED BY SBA renew Iowa illYVA ATechWorks CAMPUS , barar1'1Lp CENTER FOR BUSINESS GROWTH AND INNOVATION UNIVERSITY OF NORTHERN IOWA Nex(Level VENTURES economic development IOWA INNOVATION CORPORATION id8 workspace 1 MILLION CUPS 6 0.productcamp HAWKEYE COMMUNITY COLLEGE Talent & Intellectual Capital University of Northern Iowa CENTER FOR BUSINESS GROWTH AND INNOVATION UNIVERSITY OF NORTHERN IOWA HAWKEYE COMMUNITY COLLEGE c!ras �., College State and National Resources A RICAS SBDC. IOWA SBIR•STTR America's Seed Fund'" POWERED BY SBA renew Iowa 4, IOWA INNOVATION CORPORATION Nexrf[evel VENTURES Facilities & Infrastructure coin id8 workspace £TechWorks CAMPUS MILL RACE coworking and collaboration Cedar Falls Utilities THE POWER OF SERVICE Existing Industry & Events THE TECHNOLOGY ASSOCIATION OF IOWA economic development AfA AZ/ Iowa Association of Business and Industry ALLEY ALLJAN{:E Af (:HAMBLR cE barcampALLET C EOAP Startup 2 ,Weekend Nift'UllaPowered by Google for Entrepreneurs 1 MILLION CUPS afeeproductcamp REDCEDAR 6 G R E A T E R >»Regional Innovation atiVn Assets ALLIANCE & CHAMBER AWartburg College University of Northern Iowa REDCEDAR Cloverrurtnrit Policies Networking Opportunities Technology Commercialization Tan ihoc} A cc;ets Intangible Assets Business Climate Assets Business Acumen Innovative Culture "A Buzz" Quality of Life CEDAR i FALLS Pi HAWKEYE COMMUNITY COLLEGE REDCEDAR Government Policies Network •-- , Opportui.r e Her, pH earl '— infrastructure I 15_ R&D Enterprise Industrial. Base r• ., Entrepreneurial Capacity Technology CornmerciatizatFon +cA r Global Linkages Business Acumen Human Capital Innovative Culture I � i,„, 74, / /eZ Risk Capitai CFI "A Buzz" Ifso &A'I Quality of Life it Innovation & Commercialization Pipeline iaeation vauaation Nrototypmg market Entry Nroauct/marKet Fit tstapuemne Market research BMC Product Developmeril Product iteration angel/seed funding Building the machine / customer factory High -end product finish Observation Business basics strategic connections Management team Key R&D Colissions Customer discovery Business professionalization Peer development traction Professionalize Refine/expand Funding Customer Discovery Business basics Reference customers Strategic connections Strategy for growth/exit Program Space ,llb. ` , aIli- Validate assumptions Seed / VC funding Events = ,- _, Category Program Sub-progra Hatchworks SparkTank �r Venture School JPJ Student UNI UC Vistage/YPO/ETC SMS Red Cedar Membershi Red Cedar Seed Fundd Seed Fund BHEDC Next Level Ventures IEDA SBI R PoCR Demo Fund Inn. Accel. 1 Million Cups TechBrew Founder Talks Startup Weekend Mill Race CVMakerspace Global Ins. Accel , AgriTech Accel . . Ag Startup Eng. , . ISA , REDCEDAR Startup Roadmap 4 Define the Problem Prototype & Test Build the Machine Scale & Grow 4 REDCEDAR Key Findings REDCEDAR Key Findings & Opportunities • Lack of founders/startups at the front end of the Startup Roadmap • First time founders struggle with prioritization — what to focus on at what time • Lack of connection to mature founders (40-50 years old), where majority of high -growth startups come from • Need to better engage the existing industry base around new product development and market opportunities within companies/industries REDCEDAR Getting to How 50% - Founder Focused 30% - Regional Innovation 20% - Addressing Gaps REDCEDAR Impact & Outcomes - Events • Annual Events • First Iowa -based North American Tech Tour stop (2018) • First Techstars-sponsored Startup Week in Iowa (2019) • LaunchCamp (2020) • Monthly Events • 1 Million Cups (2018-2021) • 75+ businesses presented • Techbrew REDCEDAR Impact & Outcomes - Programs • Founder Programs (2018-2021) — 43 business graduates/participants • CO.STARTERS • Fluent • Roadmap • Learn to Launch • Red Cedar Seed Fund (2018-current) • Raised over $650,000 in available capital for new startups • $255,0000 in five (5) current investments with $75k more pending • Additional connections to other capital sources REDCEDAR r:-) Form Dash Form Dash START A FUNDRAISER Form Dash HOME ORGANIZERS — ABOUT US CONTACT ACTIVE FUNDRAISERS Featured Fundraisers Check out how others are using Form Dash r L'J Form Dash • Typically replies within a few hours Hi! How can we help you? 0 Continue as Danny Not you? Log into Messenger x AXIS U oL ` s G row Need a skilled and competent workforce now? Let's talk. HOME EMPLOYERS BECOME AN APPRENTICE v. ABOUT US v. CONTACT O O nig f Kg to ern . eya__) ear(Th a (Th pay ng, career? Fill out an application today and let our career counselors help you find the right fit for you, for free! • No Limbits Free shipping on orders over $100 LIMBITS Home Shop About Us Adaptive Apparel for Adaptive People Stratafolio rSTRATAFOLIO® Our Solution Benefits Pricing Resources Login SCHEDULE A DEMO dalk Total Commercial Property Management Platform Connect I Automate I Grow Impact & Outcomes - COVID • Cedar Valley Strong (response to COVID) • 16,000+ unique visitors on CVStrong website • 405,000+ social media reach • Over 275 small businesses listed • $15,000 in CVStrong gift certificates + purchased products • Black Business & Entrepreneurship Accelerator (BBEA) • Funded & helped design the early pilot program • Helped raise over $600,000 in funding • 40+ participants & graduates REDCEDAR Next steps REDCEDAR REDCEDARml GROW CedarValley Business. Community. Oprer�0' - /' COMING SOON -� J :1' COMING cr) SOON �tr NOW OPEN START SOMETHING. Join the CO.STARTERS Core program and get the insights, relationships, and tools you need to turn your business idea into action. CO. STARTERS` 10 Weeks I Tuesdays, 6-9:00pm t.. 46, Beginning April 19th, 2022 ''•' •. Learn more at: www.growcedarval ley.com/ca-starters 0 • • • • • • • • • • • • • - PRESENTED BY GROwCedarValley 0 Lat(•trtt Cedar Valley REDCEDAR 24 Lciur/ C d W,i lev f Get Started About Latest News Podcost Connect Att -inters entrepreneurs tech. Connecting the starters, creators, and buil '14 Lauri Cedar Valley About Latest News Podcast Connect f Get Started Get Started. .� At Launch, we're here to support you as you build a new product or business. Since' 2015, we have created collisions - between entrepreneurs, developers, designers, founders, investors, and mentors. 1 • 1 s • Book a Get Started meeting today The best way to find out where to start is with a free, online, 30-minute meeting REDCEDAR redcedarcv.com Danny Laudick Co-founder & Executive Director Red Cedar CITY OF WATERLOO Council Communication Discussion of an employee handbook. City Council Meeting: 3/21/2022 Prepared: 3/9/2022 REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 3/9/2022 - 12:40 PM ATTACHMENTS: Description Type ❑ Draft Employee Handbook Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement/ Background Information: Neighborhood Impact: Data: Community Engagement Methods: Analysis and Strategies: Implementation, Accountability, and Communication:: Expenditure Required/ Source of Funds: Alternative: Discussion of an employee handbook. Submitted By: Lance Dunn, Human Resources Director Table of Contents Section 1: Introduction 1:1 Welcome 1:2 City Overview 1:3 Our Mission and Values and Your Role in Our Success 1:4 Handbook Purpose 1:5 Employment -At -Will Statement Section 2: New Employee Information 2:1 Open -Door Philosophy 2:2 Complaint Procedure 2:3 Whistleblower Procedure 2:4 Recruitment, Selection, and Appointment 2:5 Onboarding 2:6 Probationary Period 2:7 Employee Privacy and Personal Belongings 2:8 Professional Appearance and Attire 2:9 Background and Reference Checks 2:10 Job Descriptions 2:11 Employment Testing 2:12 Performance Review Process 2:13 Personnel Files and Access 2:14 Ending Employment 2:15 Reduction in Force/Recall 2:16 Veterans Preference Section 3: Policies and Expectations 3:1 Confidential Information Policy 3:2 Professional Conduct 3:3 Equal Employment Opportunity 3:4 Disability Accommodation 3:5 Religious Accommodation 3:6 Harassment and Discrimination Statement 3:7 Conflicts of Interest 3:8 Solicitation, Distribution, and Posting of Materials 3:9 Cellular Phone Use 3:10 General Vehicle Use 3:11 Personal Use of City -Owned Vehicles 3:12 Driver's License and Accident Policy 3:13 Accident Review Policy 3:14 City -Issued Credit Cards 3:15 Cash -Handling Procedures 2 3:16 Social Media 3:17 Electronic Usage Policy 3:18 Disciplinary Process and Procedures 3:19 Authorization for Designated Subordinate to Take Disciplinary Action in the Absence of the Appointing Authority Section 4: Hours and Pay Policies 4:1 Employee Classifications 4:2 Work Schedule 4:3 Attendance Expectations 4:4 Break Time for Nursing Mothers 4:5 Record of Hours Worked 4:6 Remote Work 4:7 Overtime and Compensatory Time for Non -Bargaining Employees 4:8 Non -Bargaining Salary Policy 4:9 Pay Periods and Payday 4:10 Payroll Deductions 4:11 Paycheck Distribution 4:12 Travel and Meeting Guidelines Section 5: Health and Safety 5:1 Drug -Free Workplace 5:2 Smoke -Free Workplace 5:3 Safety 5:4 Payment of Prescription Safety Glasses 5:5 Police and Fire Uniformed Employees 5:6 Medical Examinations for Current Employees 5:7 Waterloo Fire Rescue Battalion Chiefs Bi-Annual Cardio/Pulmonary Examination 5:8 Reporting and Treatment of Work -Related Injuries 5:9 Restricted Duty 5:10 Police and Fire — Alternate Duty 5:11 Critical Employees Residency 5:12 Waterloo Fire Rescue — Critical Employees Residency 5:13 Violence 5:14 Weapons Section 6: Time Off and Leaves of Absence 6:1 Vacation for Non -Bargaining Employees 6:2 Casual Time for Non -Bargaining Employees 6:3 Sick Leave for Non -Bargaining Employees 6:4 Waterloo Fire Rescue Battalion Chiefs — Fire Management Days 6:5 Voluntary Transfer of Benefits 3 6:6 Holidays for Non -Bargaining Employees 6:7 Jury Duty and Witness Duty 6:8 Bereavement Leave for Non -Bargaining Employees 6:9 Leaves of Absence 6:9:A Military Leave 6:9:B Waterloo Fire Rescue — Military Leave 6:9:C Family and Medical Leave Act (FMLA) 6:9:D Leave of Absence for Service in Elective Office 6:9:E Volunteer Emergency Services Providers Leave of Absence 6:9:F Non -Work -Related Disability — Sworn Police Officers & Firefighters 6:9:G Non -Work -related Disability — Other Non -Bargaining Employees 6:9:H Personal Leave of Absence for Non -Bargaining Employees Section 7: Employee Benefits 7:1 Health Insurance 7:2 Dental and Vision Insurance 7:3 Flexible Spending Accounts (FSAs) 7:4 Life and Accidental Death and Dismemberment (AD&D) Insurance 7:5 Disability Coverage 7:6 Iowa Public Employees Retirement System (IPERS) Plan 7:7 Municipal Fire and Police Retirement System of Iowa (MFPRSI) 7:8 457:B Retirement Plan 7:9 Longevity Pay for Non -Bargaining Employees 7:10 Employee Assistance Program (EAP) 7:11 Health Insurance for Retired & Disabled Employees 7:12 Health Insurance for Retired Employees Under Iowa Code 509A Employee Handbook Acknowledgement and Receipt 4 Section 1: Introduction 1:1 Welcome Welcome to the City of Waterloo! We value each one of our employees, and we hope that you find your work here rewarding and satisfying. We believe that our employees are an integral part of our business. Without trained employees to serve our citizens, we wouldn't be the professional organization we are today. Our citizens rely on you to give them prompt, professional service, and we value the contributions you make to our City and our citizens. This Employee Handbook (Handbook) summarizes our City's history, purpose, and goals. In addition, it introduces you to our expectations of you and our team at the City of Waterloo. Please read it carefully so that you can better understand who we are and what we do. Whether you have just joined our staff or have been at the City of Waterloo for a while, we are confident that you will find our City a dynamic and rewarding place to work, and we look forward to a productive and successful partnership. Thank you for being a part of the City of Waterloo, and welcome to our team! 1:2 City Overview Waterloo, Iowa is the model mid -sized American City! Located in the Upper Midwest, Waterloo is the major metro of the Cedar Valley Region of Northeast Iowa. As the Black Hawk County Seat, Waterloo is the hub for government, manufacturing, healthcare, education, employment, and retail for the region with a labor force draw of over 300,000. Diversity is Waterloo's key strength. The population of over 70,150 is made up of 17% African Americans with growing Latino, Congolese, and Burmese populations among others. There are 45 different languages spoken in the Waterloo schools. Waterloo is addressing the issues of immigration, diversity and inclusion, and talent in proactive and intentional ways. The Waterloo Community Schools are preparing students for college, career, and citizenship through the Leader in Me, International Baccalaureate, and Career Academies. Waterloo is home Hawkeye Community College, Allen College, and Upper Iowa University. Waterloo is also home to TechWorks Campus, a 30-acre advanced manufacturing, research & development, innovation, education, commercial and manufacturing center including the University of Northern Iowa Metal Casting Additive Manufacturing Center and Design Lab, Hawkeye Community College Design Lab and North America's largest 3D printer. 5 Waterloo has a rich history of entrepreneurialism and strong start-up ecosystem. Major brands located in Waterloo include John Deere, Tyson Foods, ConAgra Grocer Products, Ryder Integrated Logistics, Bertch Cabinets, and Omega — MasterBrand Cabinets. There are three major health systems: Wheaton Franciscan Healthcare Iowa, UnityPoint Allen Heath System, and Cedar Valley Medical Specialists. Waterloo is improving the health and well-being of its citizens as a Blue Zones community and through the Healthy H2Loo initiative. Plan a visit to and enjoy one of the unique festivals: • My Waterloo Days, • National Cattle Congress, • Iowa's Irish Fest • Cedar Valley Pride Fest Spend the day at one of the country's best water parks, Lost Island. Or visit the extensive Museum District which includes: • The 5 Sullivan Iowa Veterans Museum, • Grout Museum of History & Science, • Bluedorn Science Imaginarium, • Dan Gable Wrestling Museum, • John Deere Tractor and Engine Museum, • Waterloo Center for the Arts, • Phelps Youth Pavilion, and more all within walking distance of each other! 1:3 City of Waterloo Goals 1 Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. 1:4 Purpose of this Handbook The remainder of this Handbook will familiarize you with the privileges, benefits, and responsibilities of being an employee at the City of Waterloo. It is essential that all employees familiarize themselves with the contents of this Handbook. Employees are expected to read this Handbook in its entirety and should feel free to discuss its contents with the Human Resources ("HR") Director at any time. Individual situations that conflict with policies and procedures should also be discussed with the HR Director. Please understand that this Handbook can only highlight and summarize our policies and procedures. It is not intended to be comprehensive or to address all the possible 6 applications of, or exceptions to, the general policies and procedures described. For that reason, if you have any questions concerning the applicability of a policy or procedure to you, you should address your specific questions to the HR Director. In this City, as in the rest of the world, we are constantly evolving. The policies and procedures contained in this Handbook can change at any time, for any reason, with or without warning, and the Mayor retains the right to revise, rescind, suspend, interpret, supplement, or delete any policy or provision of this Handbook at any time, without having to give cause or justification. We will inform you of any changes as they occur. The employment policies and/or benefits summaries in this handbook are written for all employees, except as described in "Library Board Non -Bargaining Employees" below. When questions arise concerning the interpretation of these policies as they relate to employees who are covered by a collective -bargaining agreement, please contact the HR Director and/or your union representative. If any provisions of this Handbook are not consistent with applicable federal law, state law, regulation, or third -party benefit plan, we will follow the law, regulation or third -party benefit plan. This Handbook supersedes all previously written employee handbooks and applicable policies and procedures, and the revision or elimination of any portion of this Handbook shall not compromise the validity of the remainder of the document. Library Board Non -Bargaining Employees It is recognized that the Library Board has been granted special statutory powers. HR shall review with the Library Board and its Director the benefits, policies, and procedures outlined in this document. It will be the responsibility of the Library Board to ensure that any benefits, policies, or procedures not contained herein that are adopted by the Library Board are in compliance with federal, state, and local laws. Any policy change or addition by the Library Board shall be forwarded in writing to the HR Director. 1:5 At -Will Employment We are happy to welcome you to the City of Waterloo, and we sincerely hope that your employment here will be a positive and rewarding experience. However, for certain non - bargaining employees, we cannot make any guarantees about your continued employment at the City. Your employment here is at will. This means that you are free to quit at any time, for any reason, just as we are free to terminate your employment at any time, for any reason, with or without notice, with or without cause. No employee or City representative, other than the Mayor or the HR Director, has the authority to change the at -will employment relationship or to contract with any employee for different terms of employment. Furthermore, the Mayor or the HR Director may change the at -will -employment relationship, but only in a written contract signed by the Mayor, or the HR Director, and the employee. 7 Any Supervisor's or Department Head's verbal commitments that conflict with or are not expressly contained in the contents of this Handbook are not a part of the terms and conditions of your employment with the City of Waterloo. Nothing in this Handbook constitutes a contract, evidence of a contract, or a promise of continued employment. Please indicate your understanding by reviewing and signing the "Employee Handbook Acknowledgement and Receipt" included at the end of this Handbook. 8 Section 2: New Employee Information 2:1 Open -Door Philosophy We want to maintain a positive, pleasant and successful environment for all of our employees. To help us meet this goal, the City of Waterloo has an open-door communication policy. We are always ready to speak with you about any of your concerns. If something about your job is bothering you, or if you have a question, concern, or idea related to your work, please discuss it first with your immediate Supervisor as soon as possible. Supervisors are available to listen to concerns, encourage input, and seek resolution to problems or issues. If for any reason, you are not able to or do not wish to discuss the situation with your frontline Supervisor, you may bring your concerns next to the attention to the Department Head, then the HR Director, then the Mayor. If you would like to file complaint, please utilize the process listed in Section 2:2 "Complaint Procedure" below. In addition, meetings will be held periodically to discuss new procedures or problems. Employees are encouraged to contribute to discussions. Suggestions and feedback about our procedures, policies, and systems are always welcome. 2:2 Complaint Procedure All covered full-time or part-time regular non -Civil Service employees below the Department Head level may use the complaint procedure set forth below. A Department Head who chooses to file a complaint or to appeal an action shall initiate the process at Step 3. All non -Civil Service employees shall have the right, in the case of removal from office, to appeal from Step 4 to the City Council in accordance with Chapter 372.15 of the Code of Iowa. See "Civil Service Employee Complaints" below for more information on the Civil Service complaint process. Step 1: The complaint shall be presented in writing to the employee's immediate Supervisor within five (5) working days of the occurrence or the employee's knowledge of the occurrence. The Supervisor shall, within five (5) working days of receipt of the complaint, meet and discuss the complaint with the employee and then reply in writing within three (3) working days of the meeting. Step 2: If the Supervisor's decision is not satisfactory to the employee, the employee may, within five (5) working days, present the complaint in writing to the Department Head. Within five (5) working days of receipt of the complaint, the Department Head shall meet with the employee to discuss the complaint. Following the meeting, the Department Head shall provide a written response to the employee within five (5) working days. Step 3: If the employee is dissatisfied with the Department Head's decision, the employee may, within five (5) working days of receipt of the decision, appeal the complaint to the HR Director. The HR Director shall arrange, upon receipt of the complaint, to meet with 9 the parties within ten (10) working days. The employee originating the complaint shall be in attendance at the hearing and afforded the opportunity to be heard and present evidence. The Department Head in whose department the complaint originated shall also be in attendance and afforded the opportunity to be heard and present evidence on the department's behalf. The HR Director shall reply in writing to the employee and the Department Head within five working days. Step 4: If dissatisfied with the decision of the HR Director, either party shall have the right to appeal to the Mayor within five (5) working days of the HR Director's decision. The Mayor shall handle the review by requesting that testimony or evidence be submitted. Upon receipt of all requested testimony or evidence, the Mayor shall respond in writing within ten (10) working days to the employee originating the complaint and the employee's Department Head concerning the final disposition of the complaint. In the presentation of a complaint at any level, employees shall be free of restraint, interference, discrimination or reprisal. Any employee who retaliates against another employee for exercising his/her right under the complaint procedure is subject to disciplinary action, up to and including termination of employment. Civil Service Employee Complaints A full-time or part-time regular Civil Service employee shall have the option of processing a complaint or appealing an action affecting him/her to the Civil Service Commission in accordance with the guidelines and time limitations outlined in Code of Iowa Chapter 400 and the City of Waterloo's Civil Service Rules and Regulations, or through the complaint procedure outlined above. However, the employee must make an initial election of which process to use, and such choice shall be his/her sole remedy. Below details the rights of civil service employees in filing an appeal: Employees covered under Civil Service shall have the right to appear before the Civil Service Commission to question and/or appeal any action taken by the Civil Service Commission relative to the employee's Civil Service rights, except where that right of appeal is denied by the Code of Iowa. For all details and procedures on the civil service appeal process, please see the City of Waterloo's Civil Service Rules and Regulations, Chapter X "Appeals and Hearings." 2:3 Whistleblower Procedure If any employee has a complaint against state agencies, officials of state, or local governments in Iowa, he or she may contact the Office of Ombudsman. For more information on what the Office of Ombudsman can and cannot do, please contact HR to see the "State of Iowa — Office of Ombudsman" pamphlet. In compliance with the Office of Ombudsman's guidelines, we ask employees to first consider taking the following steps: • A difference of opinion or misunderstanding is often resolved by simply taking the time to talk and listen. If you have a problem with a state or local government agency, first take the matter up with the agency involved before calling the Office of Ombudsman. 10 Many times, an agency official will be eager to explain a specific policy or will correct the problem to your satisfaction. • Here are some good common-sense basic steps to take when trying to resolve most any problems with a government agency or a City in the private sector. o Be prepared. Know what questions you are going to ask (it helps to write them down). Be sure to have any relevant information you need available before you contact the agency. o Be pleasant. Treat public employees as you like to be treated. Getting angry or rude will not resolve your problem and may only confuse the real issues. o Keep records. Take notes, ask for the names and titles of employees you speak with, and save all of your correspondence. o Ask questions. Ask why the agency acted as it did. Ask employees to identify the rules, policies, or laws that governed their actions. Ask for copies. o Talk to the right people. Do not get angry with the first employee you meet; usually he or she cannot make or change policy. If you cannot resolve the matter, ask to talk with a Supervisor. Keep asking questions until you understand what happened and why. o Read what is sent to you (including the fine print)! Carefully read all information sent to you. Many agency decisions may be appealed, but there are deadlines. Be sure to follow appeal rules and deadlines. It is a good idea to mail your appeal certified, return receipt. If you follow these suggestions and still cannot resolve your problem, or if you choose not to utilize these options, you may contact the Office of Ombudsman toll -free at 1-888-IA- OMBUD (1-888-426-6283). For more information, please contact HR. 2:4 Recruitment, Selection, and Appointment Civil Service Positions When a vacancy occurs in a position covered by Civil Service, HR shall be notified. The Human Resources Committee of the City Council will review all vacant positions. Upon approval of the Human Resources Committee, the vacancy shall be processed in accordance with Chapter 400 of the Code of Iowa and the City of Waterloo Civil Service Rules and Regulations. Vested Civil Service Seniority An employee currently occupying a classification excluded from Civil Service coverage shall retain vested seniority in a prior Civil Service position held based on his/her months of service within the Civil Service classification. Seniority shall be vested only in classifications in which an employee previously served. Non -Civil Service Positions When a vacancy occurs in a position excluded from Civil Service coverage, HR shall be notified. The Human Resources Committee of the City Council shall review all vacant positions. Vacancies occurring in non -Civil Service positions may be filled by original appointment, promotional appointment, transfer or demotion as established by the Mayor and/or the Human Resources Committee in conjunction with the appointing authority and HR and in accordance with accepted personnel practices. The appointing authority, 11 except for the Police Chief and Fire Chief, shall place his/her recommendation for appointment on the Council Agenda for City Council approval. Library Positions HR shall be notified of all vacant positions occurring in the Waterloo Public Library. It shall be the responsibility of the Library Board to ensure that final recruitment and selection procedures are in compliance with federal, state, and local laws. Final appointment shall be made by formal approval of the Library Board and written notification of such action shall be forwarded to HR. 2:5 Onboarding During the first few weeks of employment at the City of Waterloo, employees will meet with key people to fill out the necessary paperwork and to become acquainted with our organization. At this time, HR will answer any questions new employees may have and discuss things such as City operations, guidelines, benefits, training, facilities, and compensation policies. Instruction in the use of any equipment may also be done during this time. Employment Eligibility Verification Federal and state laws prohibit knowingly employing aliens not legally authorized to work in the United States, and legal non -immigrants whose status does not permit domestic employment. New employees must complete Form 1-9 on the first day of employment and produce acceptable documentation proving employee identity and authorization to work within three (3) days of hire. Failure to produce the required identification within the time period allowed by law will result in termination of employment. 2:6 Probationary Period At the City of Waterloo, we consider the first six (6) months of your employment to be a probationary period. For certain bargaining employees, the probationary period may last for a different period of time. Please review your collective bargaining agreement or direct questions to your union representative for more information. During this probationary period, you are given an opportunity to discover whether you enjoy working at the City of Waterloo and if you wish to continue in your position. It also enables the City of Waterloo to evaluate your interest in your job, your interest in the City, and your ability to carry out the job responsibilities and requirements. During the probationary period of certain non -bargaining employees, any conduct that would fall under our disciplinary process and procedures will be considered on a case - by -case basis and may result in immediate termination of employment, regardless of the severity of the behavior or action. The probationary period does not in any way change the at -will employment relationship between the City of Waterloo and certain non -bargaining employees. Employment is at will both during and after the probationary period; therefore, employment may still be terminated by either party, at any time, for any reason, regardless of completion of the probationary period. 12 2:7 Employee Privacy and Personal Belongings Employees do not have a right to privacy in their workspaces or in any other workspaces belonging to the City of Waterloo. City workspaces include, but is not limited to, desks, filing cabinets, and storage areas. We reserve the right to search City workspaces at any time, with or without warning, to ensure compliance with our policies. This may include policies that cover employee safety, workplace violence, harassment, theft, drug and alcohol use, and possession of prohibited items. The City of Waterloo will generally attempt to obtain employee consent prior to conducting a search or inspection but may not always be able to do so. Any personal items brought to work or stored on work premises are the individual employee's responsibility, not the City's. The City of Waterloo assumes no responsibility for the recovery or replacement of damaged, lost, or stolen personal property, including items kept in personal vehicles on our property. All personal items should be safeguarded and locked up when possible. Any incidents of theft should be immediately reported to a member of management. 2:8 Professional Appearance and Attire The City of Waterloo strives to project an image of professionalism, and employees are expected to present an appropriate image to our citizens and the public at all times. Each employee's attire, grooming, and personal hygiene should be appropriate to each individual work situation. An employee's appearance is unacceptable if it hinders or is detrimental to City's public image, the City's performance, the job performance, and/or safety of the employee, or a fellow employee's job performance or safety. If you have questions about the proper attire for your position, please contact your Department Head or Supervisor or the HR Director for further details. Office Employees The City of Waterloo generally has a business casual dress code within the office. Employees who are hosting or attending meetings with citizens, vendors, independent contractors or employees from another City should wear appropriate clothing, which may require following that City's dress code. Non -Office Employees Employees who do not work in an office environment should wear professional attire based upon their position, including any required or recommended personal protective equipment (PPE). Employees who are hosting or attending meetings with citizens, vendors, independent contractors or employees from another City should wear appropriate clothing, which may require following that City's dress code. If you are interested in wearing shorts, please talk to your Department Head or HR. General Guidelines for All Employees In addition to proper attire, employees are expected to present a professional appearance based upon their position while at work. Specific expectations include: • Clothes should not be torn or tattered. 13 • Clothing should be worn and fit in such a manner that it does not expose the abdomen, chest, or buttocks areas. • Clothing should be free of sexual references, foul language, and suggestions or promotions regarding the use of drugs. • Facial hair should be neatly groomed and maintained. • Citizen interaction and employee relations must be considered regarding any visible tattoos and body -piercing jewelry. Management reserves the right to evaluate tattoos and body -piercing jewelry and advise employees on a case -by -case basis. The City of Waterloo reserves the right to assess any employee's attire and personal grooming and deem them appropriate or inappropriate. Employees who do not meet the standards of the policy may be required to take corrective action, including potentially leaving the premises until they have corrected the situation. Non-exempt employees will not be paid for the time they are gone for this purpose. Any employee who violates these standards may be subject to disciplinary action, up to and including termination of employment. 2:9 Background and Reference Checks To ensure that individuals who join the City of Waterloo are well qualified and to ensure that the City of Waterloo maintains a safe and productive work environment, it is our policy to conduct background checks on all job applicants. The results of these checks may impact your eligibility to work for the City of Waterloo. The City of Waterloo also reserves the right to conduct these checks on current employees to determine eligibility for reassignment, transfer, or promotion in the same manner as described in this section. The type of information that may be collected includes, but is not limited to, criminal background, employment history, education, professional references, personal references, and any other information disclosed on an employment application or resume. Additional checks such as a driving record or credit reports may be made on applicants and current employees for particular job categories, if appropriate and job related. The City of Waterloo will conduct background checks in compliance with federal, state and local statutes, including the Fair Credit Reporting Act (FCRA), and may use a third - party to conduct the background check. No employee, other than HR, will be allowed to give professional reference checks or employment verification information on any current or former employee to outside sources. 2:10 Job Descriptions HR will maintain a current job classification list denoting the following: 1. Fair Labor Standards Act (FLSA) status of the various jobs covered herein with a designation of each as being either an exempt or non-exempt position. 2. Civil Service status of the various job classifications covered herein with a designation of each as being either included or excluded under the Civil Service System. Civil Service generally excludes Department Heads, Assistant Department Heads, 14 Administrative Secretaries, and employees of the Waterloo Public Library from coverage. 3. The current salary or wage rate for the individual currently filling each position. The HR Director shall review this document at least annually and submit any proposed revisions to Department Heads for review. Job descriptions prepared by the City of Waterloo serve as an outline only. Due to business needs, you may be required to perform job duties that are not within your written job description. Furthermore, the City of Waterloo may have to revise, add to, or delete from your job duties per business needs, and changes to your job description may impact how you are paid. The City of Waterloo will inform you of changes as they occur. Certain job classifications covered in this Handbook are governed by the Iowa Civil Service Law. Please see "Civil Service Rules" for more information. 2:11 Employment Testing The City of Waterloo may implement various employment tests. If such tests are implemented, they will be in compliance with the laws affecting them. 2:12 Performance Review Process The City of Waterloo conducts reviews of employee performance with the purpose of providing you the opportunity to openly discuss how you can utilize your talents to the fullest and help both parties succeed. Discussions related to poor job performance will not be withheld until performance reviews; poor job performance will be addressed, when it occurs, through our disciplinary action process. Performance reviews are also intended to serve the following purposes: • Provide documentation of employees' performance and progress measured against pre-set goals and objectives. • Aid in developing goals and timelines for the upcoming review period and discussing employees' career paths. • Assist and motivate employees to perform at high levels. • Identify training needs. • Provide an opportunity for each employee to give feedback on his/her review. Performance is generally reviewed annually by your Supervisor and the HR Director as deemed appropriate. The performance review will be discussed, and both the employee and his/her Department Head or Supervisor will sign the form to ensure that all strengths, areas for improvement, and goals for the next review period have been clearly communicated. Performance review forms will be retained in each employee's personnel file. Poor job performance or unwillingness to actively participate in the review process can lead to disciplinary action, up to and including termination of employment. Performance Improvement Plan (PIP) 15 At the discretion of management, the City of Waterloo may choose to place any employee struggling with poor performance on a Performance Improvement Plan (PIP). While on a PIP, the employee must demonstrate a willingness and ability to meet and maintain the conduct and/or work requirements as specified by his/her Supervisor and the City of Waterloo. PIP status will last for a predetermined amount of time. The establishment of a PIP does not in any way change the employment -at -will relationship between the City of Waterloo and certain non -bargaining employees. Employment is at will both during and after the PIP status; therefore, employment may still be terminated by either party, at any time, for any reason, regardless of PIP status. At the end of the PIP period, the PIP may be closed or, if established goals are not met, termination of employment may occur. 2:13 Personnel Files and Access The City of Waterloo maintains a personnel file for each employee of the City. They include information such as the employee's job application, resume, performance appraisals, salary increases, records of training, disciplinary actions, and other employment records. The purpose of this file is to allow the City of Waterloo to make decisions and take actions that are personally important to you, such as notifying your family in case of an emergency and calculating income tax deductions and withholdings. All information contained in an employee's personnel file is available for inspection by the employee and can be reviewed by making an appointment with the HR Director. If an employee disputes any information in the file, he/she may submit a written statement of explanation to be included with the file. We understand the particularly sensitive nature of an employee's medical records; therefore, any records containing medical information will be kept in a separate, confidential, medical file. Only HR will have access to this file. Information Changes Because we use the information in your personnel and medical files to take actions on your behalf, it is important that the information within them is accurate. Your cooperation will enable us to keep your information updated. All employees are responsible for notifying HR of any changes which affect their employment or benefit status, including changes in the following: • Name • Mailing or email address • Phone number • Income tax withholding designations • Marital status • Dependents • Insurance beneficiaries • Military status • The financial institution you have selected for direct deposit 16 • Name and phone number of the individual(s) whom we should notify in case of an accident, illness, or emergency • Driver's license and/or automobile insurance status, if you drive for City business 2:14 Ending Employment Resignation Employees desiring to resign in good standing from City service shall provide written notice to their Department Head and/or the Mayor, with a copy to the HR Director, at least two (2) weeks in advance of the effective date of the resignation. Resignation notices shall include the date the resignation is submitted, the effective date of the resignation, and the reason for resigning. With the exception of Police and Fire personnel covered by Code of Iowa Chapter 411, employees who voluntarily separate from City service prior to obtaining the age and appropriate years of service necessary for retirement as provided in Code of Iowa Chapter 97B shall be deemed to have resigned. Police and Fire personnel who are covered by Code of Iowa Chapter 411 and who voluntarily separate from City service prior to obtaining the age and years of service necessary for retirement as defined in Chapter 411 shall be deemed to have resigned. An employee who terminates employment for reasons other than retirement may not use accrued benefit time (other than frozen sick leave in accordance with Section XI) to extend his/her termination date. The last day that the employee actually works shall be considered the employee's termination date for purposes of determining accrued and payable benefits for payout purposes. The employee's City -subsidized health insurance coverage shall continue through the last day of the month in which employment terminates. The employee shall have the option of continuing health insurance coverage in accordance with federal COBRA regulations. Retirement Police and Fire employees who are covered by Code of Iowa Chapter 411 shall be retired in accordance with the applicable Code provisions. Non-public safety employees shall receive retirement benefits as established by Chapter 97B of the Code of Iowa. Please see Section 7:11 "Health Insurance for Retired & Disabled Employees" for information on benefits for retired employees. Severance Notice Non -Civil Service employees who have completed their probationary period shall be given 90 days' written notice prior to termination unless the termination is for cause. City -Owned Property On or before the final day of employment, employees will be expected to return all City - owned property in good working condition, such as keys, cell phones and electronic devices. If a former employee fails to return City -owned property in a timely manner, the City of Waterloo will invoice the former employee for the cost of the property. Final Paycheck 17 If you leave your employment at the City of Waterloo for any reason, you will receive your final paycheck on or before the next regularly scheduled payday, in accordance with state law. For information on payout of accrued and unused vacation, casual time, and sick days, please see Sections 6:1, 6:2, and 6:3, respectively. Any employee who resigns or is involuntarily terminated shall forfeit the right to any and all bonuses, benefits, or other privileges to which he/she may have become eligible at a date subsequent to termination of employment. Exit Interviews HR reserves the right to hold an exit interview when an employee leaves the City of Waterloo for any reason. During the exit interview, you will have the opportunity to tell us about your employment experience here, including what you liked, what you didn't like, and where you think we can improve. The exit interview also gives us a chance to handle some practical matters relating to the end of your employment. During the exit interview, you will have an opportunity to ask any questions you might have about insurance continuation, other benefits, final paychecks, or any other matters relating to the end of your employment. Rehire Eligibility Former employees who have left the City of Waterloo in good standing and were classified as eligible for rehire may be considered for reemployment. An employee who is terminated for violating policy, who voluntarily resigned in lieu of termination, who abandoned his/her position with the City, or who failed to give at least two weeks' notice may be considered ineligible for rehire. In order to be considered for reemployment, an application or resume must be submitted to the HR, and the applicant must meet all minimum qualifications and requirements of the position, including any qualifying exam(s). Approval from the HR Director must be obtained prior to rehiring a former employee. Rehired employees begin benefits just as any other new employee. Except for where ACA requirements dictate an eligibility date, previous tenure will not be considered in calculating seniority, paid -time benefit accruals, or any other benefits or conditions of employment. Unemployment Compensation Unemployment compensation insurance is paid for by the City of Waterloo and provides temporary income for employees who have lost their job under certain circumstances. Your eligibility for unemployment compensation will, in part, be determined by the reasons for your separation from the City. 2:15 Reduction in Force/Recall Civil Service Employees 18 Employees covered by Civil Service shall be reduced and recalled in accordance with Chapter 400 of the Code of Iowa and the City of Waterloo's Civil Service Rules and Regulations. Employees affected by a reduction in force shall be provided written notice at least two (2) weeks in advance of such layoff. While in a layoff status, employees shall not receive or accrue benefits or pay. Employees who are laid off will be placed on the Recall or Preferred List for a period of up to three (3) years. All accumulated benefits, except for any frozen sick leave bank, shall be paid to the employee after the employee is laid off. An employee shall receive any frozen sick leave payout upon exhaustion of his/her recall privileges at the end of the three (3)-year period, or upon his/her resignation or termination from City employment, whichever event shall first occur. Non -Civil Service Employees with Vested Service Seniority in a Previous Classification The following procedure shall apply in a reduction in force situation for an employee currently occupying a classification excluded from Civil Service coverage but who has vested Civil Service seniority because of prior service in a classification still included under Civil Service: The employee shall have the option to revert to a Civil Service classification he/she has previously held if the employee's vested Civil Service seniority in that classification is greater than that of the least senior employee currently occupying the affected classification. This option to revert to a Civil Service classification shall be strictly limited to a classification in which the employee previously worked. An employee under this Section who is subject to a reduction in force shall be given seven (7) calendar days to elect this option. An employee who elects to revert back to a prior Civil Service classification and is eligible to do so based on his/her vested seniority shall have his/her pay rate adjusted to the appropriate level established for the Civil Service classification. An employee who is eligible to elect the option to revert to a previously held Civil Service classification but declines to do so shall be subject to the reduction in force procedures outlined above and shall be eligible for recall to either his/her current position if reestablished, or to the Civil Service classification in which he/she has vested seniority if that Civil Service position becomes vacant and is to be refilled. Waterloo Fire Rescue — Battalion Chief Stipend for Forced Recall In the absence of a qualified shift commander, a Battalion Chief subject to forced recall shall be paid a stipend of $800, which is subject to all applicable income taxes and pension. In the event the forced recall shift is less than 24 hours, the stipend shall be pro -rated to the number of hours recalled. Equivalent time off not chargeable to the accrual banks may also be negotiated with the Fire Chief in lieu of payment. 2:16 Veterans Preference Any honorably discharged veteran, as defined by Iowa law, shall be entitled to preference in appointment and employment over other applicants of no greater qualifications. The 19 City of Waterloo will comply with Iowa Code Chapter 35C.6 regarding termination of veterans. 20 Section 3: Policies and Expectations 3:1 Confidential Information Policy This policy is intended to provide City of Waterloo employees with a basic understanding of their responsibilities to protect and safeguard the Confidential Information to which they have access as a result of their employment. Policy Security and confidentiality of Confidential Information is of the utmost importance at the City of Waterloo. It is the responsibility of every employee to respect and maintain the security and confidentiality of Confidential Information. A violation of this policy may result in disciplinary action. For purposes of this policy, "Confidential Information" is defined as information disclosed to an individual employee or known to that employee as a consequence of the employee's employment at the City of Waterloo, and not generally known outside of the City, or is protected by law. Examples of "Confidential Information" include but are not limited to — social security numbers; certain payroll and personnel records; health information; self - restricted personal data; credit card information; information relating to intellectual property such as an invention or patent; passwords and other IT -related information; and City of Waterloo financial and account information. Individual offices, departments, or programs may have additional types or kinds of information that are considered "Confidential Information" and are covered by this policy. "Confidential Information" includes information in any form, such as written documents or records, or electronic data. Each employee shall have the following responsibilities under this policy: 1. During employment and after the termination of employment, an employee will hold all Confidential Information in trust and confidence, and will only use, access, store, or disclose Confidential Information, directly or indirectly, as appropriate in the performance of the employee's duties for the City of Waterloo. An employee must comply with all applicable state and federal laws and City policies relating to access, use, and disclosure of Confidential Information, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA); Iowa Code section 22.7 (relating to confidential records); City of Waterloo policies 3:9 "Cellular Phone Use", 3:16 "Social Media Policy", and 3:17 "Electronic Usage Policy"; and Payment Card Industry (PCI) standards and related policies. (Note: As necessary and appropriate, the Iowa Open Records law, Iowa Code Chapter 22, may apply to certain Confidential Information, but only within the specific parameters of the Iowa Open Records law.) 2. An employee will not remove materials or property containing Confidential Information from the employee's department or program area unless it is necessary in the performance of the person's job duties. Any and all such materials, property, and Confidential Information are the property of the City of Waterloo. If materials or property containing Confidential Information are removed from City workspaces, the employee must safeguard the materials/property and control access as necessary. This responsibility to safeguard and control access to materials and 21 property similarly applies to any telework/remote access situation as provided in the City of Waterloo policy 4:5 "Remote Work." Upon termination of any assignment or as requested by an employee's supervisor, the employee will secure all such materials/property and copies thereof or return all such materials/property and copies to the employee's supervisor or supervisor's designee. 3. An employee will not seek to obtain any Confidential Information involving any matter which does not involve or relate to the person's job duties. Confidential Information or City records, documents, or other information may not be maliciously tampered with, altered, or destroyed. 4. In the case of a health or safety emergency, relevant Confidential Information may be disclosed as necessary to appropriate individuals, e.g., a counselor, Waterloo police, a supervisor. 5. If an employee has any question relating to appropriate use or disclosure of Confidential Information, the employee shall consult with the employee's supervisor or other appropriate City of Waterloo personnel such as the HR Director. 6. Each employee must promptly report to the employee's supervisor any known violation of this policy, other City of Waterloo confidentiality or privacy policies, or federal or state confidentiality or privacy laws, by a City employee. Media Inquiries The only people authorized to speak to the media on behalf of the City of Waterloo is the Mayor or the Mayor's appointed designee. Employees should not speak to any member of the media on the City of Waterloo's behalf but should instead refer any and all media requests to the Mayor or the Communications Manager. 3:2 Professional Conduct The City of Waterloo expects high standards of conduct and behavior from our employees. Although it is impossible to give an exhaustive list of everything that professional conduct means, it does, at a minimum entail: • Following all of the rules in this Handbook that apply to you. • Only accessing City records for which you have a business purpose to do so. • Treating coworkers, citizens, visitors, and other third parties with patience and consideration. • Communicating openly with Supervisors and coworkers. • Minimizing personal visits during business hours. • Keeping work areas neat and orderly. • Ensuring your conduct while using electronic media does not violate City policy. Additional conduct expectations can be found in more detail throughout this Handbook. Employees who fail to maintain standards of conduct may face disciplinary action, up to and including termination of employment. 3:3 Equal Employment Opportunity The City of Waterloo is strongly committed to providing equal employment opportunity for all employees and all applicants for employment. It is our objective to obtain individuals who are qualified or qualifiable for positions of employment by virtue of job -related 22 standards of education, training, experience, and performance and to avoid the establishment of any artificial barriers to employment or promotion. Therefore, we follow the law and do not discriminate against employees or applicants on the basis of actual or perceived age, race, color, national origin, ancestry, religion, creed, sex, pregnancy (including childbirth, lactation, and related medical conditions), sexual orientation, gender identity, physical or mental disability, genetic information (including testing and characteristics), AIDS/HIV status, veteran status, uniformed servicemember status, or any other status protected by federal, state, or local laws. The obligation to provide equal opportunity encompasses all phases of employment including, but not limited to, hiring, assignment or classification, promotion, demotion, transfer, layoff, termination of employment, benefits, compensation, training and any other conditions or privileges of employment. In order for the City to provide equal employment and advancement opportunities to all applicants and employees, our employment and personnel decisions will be based upon individual merit, qualifications, and abilities. In addition, we will affirmatively act to ensure that this policy is implemented during the recruitment process, including the use of public and private referral sources likely to yield qualified candidates. All advertisements and postings will include the notation that the City of Waterloo is "An Equal Opportunity Employer" or an abbreviation thereof. You may contact the HR Director with any questions related to this policy. 3:4 Disability Accommodation The City of Waterloo complies with the Americans with Disabilities Act (ADA), the Pregnancy Discrimination Act, and all applicable state and local fair employment practices laws. Additionally, the City is committed to providing equal employment opportunities to qualified individuals with disabilities, including disabilities related to pregnancy, childbirth, and related conditions. Consistent with this commitment, the City of Waterloo will provide reasonable accommodation to otherwise qualified individuals where appropriate to allow the individual to perform the essential functions of the job, unless doing so would create an undue hardship on the City. You may be asked to include relevant information such as: • A description of the proposed accommodation. • The reason you need an accommodation. • How the accommodation will help you perform the essential functions of your job. After receiving your request, the City of Waterloo will engage in an interactive dialogue with you to determine the precise limitations of your disability and explore potential reasonable accommodations that could overcome those limitations. Where appropriate, we may need your permission to obtain additional information from your medical provider. All medical information received by the City of Waterloo in connection with a request for accommodation will be treated as confidential. 23 If leave is provided as a reasonable accommodation, such leave may run concurrently with leave under the federal Family and Medical Leave Act and/or any other leave where permitted by federal, state, or local laws. The City of Waterloo will not discriminate or retaliate against employees for requesting an accommodation. You may contact the HR Director with a request for accommodation. 3:5 Religious Accommodation An employee, whose religious affiliation requires the observance of a holiday other than those scheduled in Section 6:5, shall be excused from his/her employment for the observance of such holiday. The employee may use vacation, casual time, compensatory time, or be excused without pay. If you require time off or another religious accommodation, please speak with the HR Director. 3:6 Harassment and Discrimination Statement The City of Waterloo is committed to maintaining a work environment that reflects the highest level of professional conduct, allowing all employees the opportunity to work in a safe, productive, and professional atmosphere. Therefore, the City of Waterloo expects that all relationships among employees will be business -like and free of bias, prejudice, and harassment on the basis of actual or perceived age, race, color, national origin, ancestry, religion, creed, sex, pregnancy (including childbirth, lactation, and related medical conditions), sexual orientation, gender identity, physical or mental disability, genetic information (including testing and characteristics), AIDS/HIV status, veteran status, uniformed servicemember status, or any other status protected by federal, state, or local laws. These behaviors undermine our workplace morale, interfere with our work effectiveness, and will not be tolerated at the City of Waterloo. Harassment Harassment consists of unwelcome or offensive conduct — whether verbal, physical, and/or visual — that is based on any of the protected traits or classes previously listed and that is detrimental to an employee's work performance, professional advancement, and/or mental health. Types of harassment may include slurs; epithets, name-calling or derogatory remarks; ridicule, mockery, or put-downs; negative stereotyping; offensive jokes, objects, pictures, or written or graphic items; unwelcome touching or contact, including non -sexual touching; physical threats or assaults; threatening, intimidating or hostile acts toward an individual or group; and offensive physical actions that create an intimidating, hostile or offensive work environment. This includes harassment conducted on or off City time, using City -owned equipment, or using personal devices via e-mail, phone (including voice messages), text messages, tweets, blogs, social networking sites or other means. In addition, harassment can often take the form of what is commonly called bullying. Bullying is inappropriate repeated behavior often conducted by one or more persons against another person or persons. See Section 3:16 "Social Media Policy" and Section 3:17 "Electronic Usage Policy" regarding harassment and discrimination through electronic communication. 24 Sexual Harassment Sexual harassment constitutes discrimination and is illegal under federal, state and local laws. For the purposes of this policy, and as defined in the Equal Employment Opportunity Commission guidelines, sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: • Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; • Submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting such individual; or • Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Sexual harassment may include a range of subtle and not -so -subtle behaviors and may involve individuals of the same or different genders. Depending on the circumstances, these behaviors may include unwanted sexual advances or requests for sexual favors; sexual jokes and innuendo; verbal abuse of a sexual nature; commentary about an individual's body, sexual prowess, or sexual deficiencies; undue attention, especially to body parts, dress, grooming and posture; leering, whistling, or touching; insulting or obscene comments or gestures; display of sexually -suggestive objects or pictures in the workplace; constant or unwelcome questions about an individual's identity; and other physical, verbal, or visual conduct of a sexual nature. Individuals and Conduct Covered In keeping with our commitment to a harassment -free workplace, we will not tolerate harassment by anyone, including any Supervisor, employee, visitor, or third party. This policy extends to all work -related interactions, whether in person; via telephone; in writing; or through electronic communications such as email, text messages, instant messages, blogs, electronic conferencing, and social media postings; regardless of whether they are made through a computer, cell phone, or another electronic device or medium. Additionally, this policy applies at all locations and work -related events, as well as any activity at which you represent the City of Waterloo or are participating as an employee of the City of Waterloo. Complaint Procedures When possible, the City of Waterloo encourages individuals who believe they are being subjected to such conduct to promptly advise the offender that his/her behavior is unwelcome and request that it be discontinued. Often this action alone will resolve the problem. However, the City of Waterloo recognizes that an individual may prefer to pursue the matter through formal complaint procedures, which is always an acceptable option. The City of Waterloo encourages any employee who believes that he/she has observed, been the subject of, or is being subjected to discrimination and/or harassment to immediately report the incident to his/her immediate Supervisor. If for any reason the employee does not wish, or is unable, to report the incident to his/her immediate Supervisor, the employee should immediately report the incident to his/her Department 25 Head or the HR Director, so that we can take whatever action is necessary to correct the problem. Any City management representative who witnesses, hears about, or receives a complaint of any inappropriate conduct is required to immediately report any incidents to the HR Director. Once a complaint has been made, HR will determine how to handle it. All complaints will be investigated promptly, thoroughly, and in as confidential a manner as possible, without impinging on the City's ability to conduct a full, impartial investigation. All employees and Supervisors have an obligation to cooperate with any investigation by answering questions completely and honestly and giving the investigator all document(s) and other material(s) that might be relevant. When the investigation is complete, the City will take immediate and proportionate corrective action, if it has been determined that harassment has occurred. Retaliation The City of Waterloo will not engage in or tolerate any retaliation against any employee who: reports in good faith known or suspected violations of this policy, assists or participates in an investigation of a complaint, files an administrative charge, or files a lawsuit alleging harassment. If you believe that you are being subjected to any kind of negative treatment because you made or were questioned about a complaint, report the conduct immediately to the HR Director. Any person who retaliates against any employee who submits a report or provides information regarding a report may be subject to disciplinary action, up to and including termination of employment. Violation of Policy Any employee found to violate this policy or make false or malicious complaints of harassment, discrimination, or retaliation, and any member of management who is aware of any possible violation of the policy and fails to take corrective action or notify the HR Director, may be subject to disciplinary action, up to and including termination of employment. 3:7 Conflicts of Interest Employees must avoid any relationship or activity that might impair, or even appear to impair, their ability to make objective and fair decisions when performing their job duties. At times, an employee may be faced with situations in which actions taken on behalf of the City of Waterloo may conflict with the employee's own personal interests. Before engaging in any activity, transaction, or relationship that might give rise to a conflict of interest, employees should seek advice from their Supervisor, Department Head, or HR. Conflicts of interest could arise in the following circumstances: • Owning or having a substantial interest in a supplier or contractor. • Using City property, information, or business opportunities for personal gain. Contracts Supported by Federal Funding It is the policy of the City of Waterloo that a written code of conduct be applicable to those employees associated with contracts supported by Federal funds. This policy shall apply 26 to all employees, officers, or agents of the City engaged in the award and/or administration of contracts supported by federal or state grant funds. No officer, employee, or agency of the City will participate in the selection, award, or administration of a contract supported by federal or state grant or loan funds if a conflict of interest, real or apparent, would be involved. Unless a more restrictive provision of federal or state law should apply, such conflict would arise when: • The employee, officer, or agent; • any members of his/her family; • his/her partner; or • an organization which employs, or is about to employ any of the above, has financial or other interest in the party selected to award. The City's officers, employees, or agents will neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or sub -contractors or others involved in the contract, beyond that allowed by applicable federal and state laws. Violations of this policy will involve penalties and sanctions consistent with applicable federal and state laws. Other Employment Employees are permitted to engage in other work or to hold other jobs, subject to certain restrictions as outlined in this section. Employees are cautioned to carefully consider the demands that additional work activity will create before accepting other employment. Other employment must not compete with, conflict with, or compromise the City's interests, or adversely affect job performance and the ability to fulfill all job responsibilities. Your productivity is important to us; therefore, other employment will not be considered an excuse for poor job performance, absenteeism, tardiness, leaving early, refusal to travel, or refusal to work overtime or different hours. If the City of Waterloo determines that an employee's other employment interferes with his/her performance at the City of Waterloo, the employee may be asked to terminate the other employment. Employees who have accepted other employment may not use sick leave pay to work at the other job. Fraudulent use of sick leave pay will result in disciplinary action, up to and including termination of employment. Employees are also prohibited from performing any services on non -working time that are normally performed during working time on behalf of the City of Waterloo. This prohibition also extends to the unauthorized use of any City tools or equipment and the unauthorized use or application of any City confidential information. Relatives in the Workplace This policy applies to hiring and employment decisions (transfers, promotions, demotions, or reassignments) affecting all City of Waterloo employees, including regular full-time and 27 part-time employees and temporary employees, and all applicants for employment with the City of Waterloo. It is the policy of the City of Waterloo to seek and employ the best -qualified applicants to all positions and to not discriminate in its employment and personnel actions with respect to its employees and applicants on the basis of marital or familial status. It is also the City of Waterloo's policy to develop employment practices that create and maintain constructive working relationships, and which also protect the individual and the City of Waterloo by establishing certain safeguards against conflicts of interest, whether real or perceived. To this end, anti -nepotism rules effectuate rational workplace goals: avoiding conflicts of interest between work -related and family -related obligations; reducing favoritism or even the appearance of favoritism; and preventing family conflicts from affecting the workplace. The City of Waterloo therefore retains the right to refuse to appoint a person to a position in the same department wherein his/her immediate family relationship to another employee has the potential to create a conflict of interest or to adversely affect supervision, security, or morale. The Department Head, after consulting with the HR Director, shall have authority and responsibility for determining if such a potential conflict of interest exists or does not exist. This policy applies to an employee's "immediate family" which is defined to include the employee's spouse, domestic partner, parent, step-parent, grandparent, child, step -child, grandchild, sibling, half -sibling, step -sibling, aunt, uncle, niece, nephew, foster parent, foster child, first cousin, parent -in-law, son-in-law, daughter-in-law, brother-in-law, sister- in-law, spouse's grandparent, a person for whom the employee has been assigned legal responsibility, and any other member of the employee's household. Specific provisions include: 1. The hiring, transfer, promotion, demotion, or reassignment of immediate family members is prohibited if such action would result in the creation of a situation where any one of the following conditions would occur: a) One party would have authority (or practical power) to supervise, appoint, remove, or discipline the other; b) One party's work responsibilities, salary, hours, career progress, or other terms and conditions of employment in the ordinary course of operations is likely to be influenced by the other; c) One party would be responsible for reviewing, auditing, or approving the work of the other; d) One of the parties is a Department Head of the City (unless the City Council approves the appointment by specifically recognizing the relationship that will exist and exempting the hire or change in employment status from this policy); or e) In the ordinary course of operations, circumstances are likely to lead to potential conflict among the parties or conflict between the interest of one or both parties and the best interests of the City. 28 2. In the event one of the conditions provided above in 1(a) through 1(e) occurs following an annual shift selection on the basis of seniority within the rank, the Department Head shall have the final decision on personnel assignments within the department to maintain the efficiency of governmental operations. 3. For purposes of promotional evaluation panels, interview panels, or other testing that impacts the scoring of candidates for hire or promotion, the defined list of immediate family members will be used to determine if an employee is eligible to serve on a panel or in a testing situation. A panel member shall be provided with a list of potential candidates prior to the evaluation date and must immediately withdraw upon determining that an immediate family member is scheduled. An employee who does not self -identify an immediate family relationship prior to the evaluation or testing situation shall be subject to disciplinary action. The test results for the candidate shall only be nullified if allowed by law. 4. A qualified candidate who is an immediate family member as defined above shall be allowed to apply and participate in Civil Service testing up to and including being placed on a Civil Service List but shall not be considered for appointment if one of the situations identified in numbered paragraph 1 above would occur. If the immediate family member is the last person on the Civil Service List, the matter shall be referred to the Waterloo Civil Service Commission for review and determination if the candidate should be decertified. 5. When two existing employees marry or cohabitate and a determination is made that a potential conflict of interest exists as defined in numbered paragraph 1 above, the employees shall be provided written notice of such determination and allowed ninety calendar days for one of them to obtain a transfer to other City employment in compliance with any applicable Collective Bargaining Agreement and/or Civil Service Rules. In the event that a transfer does not occur within the specified time period, the affected employees shall be allowed ten (10) calendar days to determine which of them will either voluntarily resign or accept layoff. If the employees fail to make a joint decision within ten (10) calendar days, the less senior employee shall be laid off. The period of layoff shall not exceed three (3) calendar years. 6. Any employee whose status changes due to marriage or other action which falls under this policy must inform his/her Department Head within ten (10) calendar days of the occurrence of the change in status. 7. The provisions of this Policy shall only apply to hiring and employment decisions (transfers, promotions, demotions, or reassignments) occurring after February 9, 2004. Gifts Gifts of any kind are normally not accepted nor extended. No employee shall accept gifts of more than $3.00 from any individual or business who does business, or who seeks to do business, with the City of Waterloo, in accordance with Iowa Code 68B.22. Employees may not accept gifts made with the intent of inappropriately influencing a decision or otherwise causing a conflict of interest. No employee shall accept any travel, living, or entertainment expenses from such persons or businesses as a gift or expense allowance. Legal Representation 29 In the event a civil suit is brought against an employee arising out of the employee's performance of duties that are within the scope of his/her employment, the City shall provide an attorney of the City's choice and at the City's expense to represent the employee. In the event that a punitive damage claim is alleged against an employee, however, the City reserves the right to determine whether it shall pay the cost of representation. 3:8 Solicitation, Distribution, and Posting of Materials The City of Waterloo prohibits the solicitation, distribution, and posting of materials on or at any of the City's workspaces by any employee or non -employee, except as permitted by this policy. For purposes of this policy, "solicitation" includes, but is not limited to, selling items or services, requesting contributions, and seeking to obtain membership in or support for any organization. Solicitation performed through verbal, written, or electronic means is covered by this policy. Specifically: • Non -employees may not solicit employees or distribute literature of any kind on any City workplace at any time. • Employees may only admit non -employees to work areas with management approval. These visits should not disrupt workflow. An employee must accompany the non - employee at all times. • Former employees are only permitted in the workplace, in non -secure areas, for official City business. • Employees may not solicit other employees or distribute literature of any kind, during work times, or in any work area, except with management approval. • Employees may not, at any City workplace, distribute literature to, request contributions from, or ask citizens to purchase products sponsored by an outside organization. • The posting of materials or electronic announcements are only permitted with prior approval from the Mayor's Office. The sole exceptions to this policy are charitable and community activities supported by the City of Waterloo's management. This policy is not intended to restrict the statutory rights of employees, including the right to discuss terms and conditions of employment. Violations of this policy should be reported to the HR Director. Employees who violate this policy are subject to disciplinary action, up to and including termination of employment. 3:9 Cellular Phone Use The City of Waterloo realizes that occasionally it will be necessary for employees to receive important personal phone calls or text messages during working hours. Although these personal calls and messages are not prohibited, we ask you to use your best judgement to ensure appropriate attention is given to your work. It is prohibited to use personal devices to photograph or record confidential information, violate protected health information (PHI), or to photograph or record other employees without their consent. If you have a device that has a camera and/or audio/video 30 recording capability, you are restricted from using those functions at any of the City's workspaces unless authorized in advance by management. Hand-held cell phone use will not be permitted while operating a City vehicle or while driving a personal vehicle for City business. Please review Section 3:10 "General Vehicle Use" for additional details. Any employee who abuses this cell phone policy may be subject to disciplinary action, up to and including termination of employment. 3:10 General Vehicle Use For the purposes of this policy, City vehicles include any vehicle titled by the State of Iowa in the name of the City of Waterloo, Iowa. City vehicles are only to be used by approved employees for approved business purposes. We have invested in our City vehicles and need your help in keeping them in good condition. Please immediately report any mechanical problems to your Supervisor or Department Head. In addition to guidelines for care and maintenance, which may be established by the Central Garage, the following general provisions shall be imposed: 1. Each department must assure that each vehicle assigned to the department is properly marked with permanently affixed City insignia on both front door panels (or as appropriate). This provision does not apply to undercover (unmarked) police vehicles. 2. In addition to City insignia, all emergency vehicles shall be equipped with top lights or grill/window lights and sirens. 3. Vehicles not being used for business purposes will generally be kept on the department's premises except when temporarily sent out for repairs. Employees who drive a City vehicle or their own personal vehicle for City business are required to have a valid driver's license and personal auto insurance coverage. Those employees who regularly drive for City business may also be subject to annual moving vehicle record (MVR) checks to verify insurability; driving privileges may be suspended or terminated if the driver's record indicates an unacceptable number of accidents or violations. Please see "Driver's License and Accident Policy" below for more information. Any changes to your driver's license or insurance that may make you ineligible to drive for City business must be reported immediately to HR. When driving a City vehicle or a personal vehicle for City business, employees are expected to drive safely and courteously and observe all traffic laws. Traffic violation fines received while driving the City vehicle or for City business will be the responsibility of the driver, not the City. Additionally, you may not smoke in City vehicles, or drive a City vehicle or a personal vehicle for City business while under the influence of alcohol; a legally -obtained drug that affects your ability to operate a vehicle; a controlled substance, as defined by federal law; or while otherwise impaired. The City of Waterloo requires safe use of cell phones by employees while driving on City time. The following rules apply to any employee operating the City vehicle or a personal 31 vehicle while on City business. Under no circumstances is an employee allowed to drive in a distracted or inattentive manner, such as texting, emailing, reading texts/emails, making/receiving phone calls, or checking social media accounts while driving on City time. If you need to use your phone, you must pull over to the side of the road in a safe area where the vehicle can remain stationary. The City of Waterloo does not condone employees using hand-held cell phones while driving. Individuals not employed by the City of Waterloo are prohibited from driving a City vehicle. Violation of rules related to vehicle use may lead to disciplinary action, up to and including termination of employment. 3:11 Personal Use of City -Owned Vehicles The purpose of this policy is to clarify the use of City -owned vehicles by City employees for personal use. Internal Revenue Service (IRS) Code Section 62[c] and the Family Support Act of 1988 require the City to withhold federal income tax and Social Security tax [FICA], unless the City adopts by resolution of the City Council a written policy statement restricting the personal use of a City -owned vehicle. This policy is designed to prohibit the personal use of City -owned vehicles. Upon adoption, the policy will qualify as "sufficient evidence corroborating the city's own statement" making record -keeping by both the City and employee unnecessary when using a City -owned vehicle. If an employee uses a City -owned vehicle for personal purposes, this personal use must be included wages on the employee's Form W-2 for the year in which the personal use occurred. Scope This policy shall pertain to all City officials and employees, including board and commission members. This policy is intended to establish City-wide policy but does not prevent individual departments/divisions from establishing stricter guidelines as they pertain to this policy. The term "City -owned vehicle" shall mean any vehicle titled by the State of Iowa in the name of the City of Waterloo, Iowa. Prohibited Uses of City -Owned Vehicles The overall intent of this policy is to not allow personal use of City -owned vehicles. The following are examples of prohibitive uses of City -owned vehicles but it is not an exhaustive list: 1. Vehicle use is not permitted for commuting to and from work (unless exempted below) for lunch or break purposes. 2. While in the course of employment, personal stops are prohibited (such as stopping at residence or grocery stores, dry cleaners, etc.). 3. When an employee is authorized to take home a City -owned vehicle, the vehicle cannot be used for any personal use (grocery store, banking, delivery of children etc.). It must be used for commuting purposes only. Exceptions 32 The following types of vehicles meet the requirement for de minimus personal use and are not considered taxable benefits to employees under Treasury Regulation 1. 13 2-5 [h]: 1. Clearly marked police and fire vehicles, unmarked law enforcement vehicles and ambulances. 2. Bucket trucks, cherry pickers, cement mixers, dump trucks, flatbed trucks and qualified specialized utility repair trucks. 3. Utility trucks. Calculation of Taxable Non -Cash Fringe Benefit In the circumstance where a vehicle is used by an employee for commuting use only, then the employee may elect to use the following methods: 1. Simplified $3.00 per round trip rule. The employee must provide documentation of the frequency of using the vehicle for commuting use. A non -cash fringe benefit in the value calculated by the number of round trips times $3.00 will be added on an annual basis to the employee's W-2 as required by the Internal Revenue Service. Social Security and income taxes will be withheld on the non -cash income. 2. Cents per mile method. Under the cents -per -mile method, the City must keep a log of all mileage for the vehicle. The personal mileage must be determined, and that use is multiplied by the current mileage rate set by the Internal Revenue Service (IRS). A non -fringe benefit in the value calculated by the number of miles times the mileage rate will be added on an annual basis to the employee's W-2 as required by the Internal Revenue Service. Social Security and income taxes will be withheld on the non -cash income. 3:12 Driver's License and Accident Policy An important objective of this policy is to allow the City to evaluate, manage, and mitigate its liability risks arising from employee conduct relating to motor vehicle operation. Many employment positions in the City of Waterloo require that an employee possess a valid, current license to operate a motor vehicle. Some job classifications require a valid commercial driver's license (CDL). On occasion, an employee whose City job requires him or her to drive and/or hold a particular driver's license loses the privilege to operate a motor vehicle in the State of Iowa because of court or administrative action. These employees no longer are able to perform their City duties and, accordingly, could be subject to discipline up to and including termination from employment, in accordance with the City's policy of progressive discipline. In addition, the City is also concerned with tracking all work -related accidents involving City employees. This policy governs the loss of licenses, certain convictions or guilty pleas that involve the driving of motor vehicles, and reporting of accidents. Regardless of whether an employee is required to possess a driver's license, the City reserves the right to discipline an employee as set forth in this policy, as applied in conformity with the City's separate disciplinary policy. General Concepts For purposes of this policy, the following concepts shall control: 33 1. "License" means any permit or authorization granted by the State of Iowa or other regulatory authority granting the holder thereof the privilege of driving a motor vehicle on any public roadway, whether for commercial or non-commercial purposes, or with respect to any type or size of motor vehicle. 2. A "loss of license" means any suspension, revocation, denial, or non -renewal of a driver's license, or other event or occurrence with respect to a driver's license that results in the employee losing the privilege to lawfully drive a motor vehicle or a certain type of motor vehicle in the State of Iowa. 3. Whether a driving offense constitutes a "major moving violation" may be determined with reference to standards adopted by the City's liability insurance carrier and/or by standards generally prevailing in the liability insurance industry. In the absence of such standards, such offenses shall include any of the following, if a citation for same is issued but not dismissed: OWI (alcohol or controlled substances), reckless or careless driving, leaving the scene of an accident without reporting same as required by Iowa law, exceeding the posted speed limit by more than 20 mph, felony involving the use of a motor vehicle, vehicular homicide, and attempting to elude a law enforcement officer. 4. An "accident' is any occurrence that causes damage to a City vehicle or in which a moving City vehicle caused personal injury or property damage of any nature or degree. An employee was "at -fault" for the accident if he or she was cited by a law enforcement officer or the accident was found to be preventable even though no citation was issued. As to any accident, the provisions of the City's "Accident Review Policy" below shall also apply to the extent appropriate. 5. A deferred judgment, whether or not the employee successfully completes the terms of said judgment, will not negate the loss of license or any of the factors set forth in "Factors Considered" below. Prospective Employees A candidate for employment who is required to operate a motor vehicle will not be considered for employment if he or she has any of the following: 1. Loss of license for any reason during the period of candidacy for employment, if the candidate remains without a valid, current license for the position when the City issues an offer of employment. The license must be free of restrictions that would substantially interfere with the candidate's ability to perform the requirements of the position as identified by the job description. Restrictions for corrective lenses, mechanical aids or prosthetic aids are permissible if the operator's compliance with such restrictions does not otherwise substantially interfere with the candidate's ability to perform such requirements of the position. 2. Loss of license, plea of guilty, plea of no contest or its equivalent, or conviction for OWI, reckless driving, or other major moving violation within the previous five (5) years. The 5-year period begins from the date the loss of license was lifted, not the date of citation or license surrender or loss. If there was no loss of license, then the 5-year period begins from the date of the guilty plea or conviction. 3. Four (4) or more citations for moving violations within the previous three-year period, excluding speeding violations of 10 mph or less over the posted speed limit. 4. Three (3) or more citations for moving violations within the previous one-year period. 34 Current Employees 1. Periodic Review Current employees who are required to operate a motor vehicle in the discharge of their job -related duties will have their driving records reviewed annually, near the employee's birthday. This review may occur more frequently depending on the individual record. Under the following scenarios, the employee's status will be evaluated as set forth in "Factors Considered" below: a) Four or more citations for moving violations in the 3-year period ending with the most recent annual or other review. b) Three or more citations for moving violations in the 1-year period ending with the most recent annual or other review. c) Two or more at -fault accidents in the 3-year period ending with the most recent annual or other review while driving a City vehicle or while driving a non -City vehicle on City business, if the accident resulted in personal injury requiring treatment away from the scene, damage of more than $2,500 to a non -City vehicle or property, or damage to a City vehicle or property requiring repairs of at least $2,500. Accidents occurring while employees are driving on an emergency response are subject to exclusion from this paragraph if the City accident review committee determines that emergency conditions were a substantial factor in the accident. d) Three or more accidents, whether or not the employee was at -fault, in the 3-year period ending with the most recent annual or other review, if the accident resulted in personal injury requiring treatment away from the scene, damage of more than $2,500 to a non -City vehicle or property, or damage to a City vehicle or property requiring repairs of at least $2,500. Accidents occurring while employees are driving on an emergency response are subject to exclusion from this paragraph if the City accident review committee determines that emergency conditions were a substantial factor in the accident. 2. Self -Reporting If an employee experiences a loss of license, or if the employee enters a plea of guilty or a plea of no contest or its equivalent for reckless driving or other major moving violation, or is convicted of reckless driving or other major moving violation, and if driving a motor vehicle is a function of his or her job, the employee must notify his or her Supervisor of such loss or other occurrence immediately, and in any event within forty-eight (48) hours or the start of the employee's next shift assignment, whichever occurs first. If an employee is involved in an accident (whether or not "at -fault") while driving a City vehicle or while driving any vehicle during working hours, the employee must notify his or her Supervisor of such accident immediately in accordance with the City's "Accident Review Policy" below. An employee who fails to promptly notify his or her Supervisor, as set forth in this paragraph will be subject to disciplinary action, up to and including termination of employment. An employee, who drives a City vehicle without a valid driver's license, or who drives a personal or non -City vehicle while on City business without a valid driver's license, 35 will be subject to immediate termination from City employment. In addition to the terms stated above that relate to an accident, the provisions of the "Accident Review Policy" will apply to the extent appropriate. 3. Group 1 Employees Group 1 includes any employee who: a) is assigned to operate a City vehicle, b) works in a job classification which requires possession of a valid driver's license, whether CDL or non-CDL, or c) drives more than ten percent (10%) of the time during an average work week, or d) holds a CDL for purposes of City employment. A Group 1 employee who experiences a loss of license, or who enters a plea of guilty or a plea of no contest or its equivalent for reckless driving or other major moving violation, or is convicted of reckless driving or other major moving violation, will be subject to disciplinary action, up to and including termination of employment. If the employee regains driving privileges before termination of employment, and if the license is not subject to restrictions that make a return to the employee's former position impracticable in the reasonable judgment of the City (e.g., ignition interlock device), then the employee may be restored to his or her former position, provided that the position is still vacant. The City recognizes that State standards for loss of a CDL are currently more stringent than standards for loss of a non-CDL license, and it is thus possible for an employee to lose a CDL license but retain a non-CDL license. If a CDL is an essential minimum requirement for an employee's job, the employee will not be considered as eligible for return to his or her former position unless the employee obtains a valid CDL license, notwithstanding the employee's possession of a valid non-CDL license. 4. Group 2 Employees An employee who is not classified in Group 1 is in Group 2. A Group 2 employee who experiences a loss of license, or who enters a plea of guilty or a plea of no contest or its equivalent for reckless driving or other major moving violation, or is convicted of reckless driving or other major moving violation, will be subject to disciplinary action up to and including termination. Notwithstanding a loss of license, a Group 2 employee who is not placed on leave or suspended is expected to satisfactorily perform all duties within the scope of his or her position. A Group 2 employee who is required to drive as an incidental function of his or her job will be offered an option that includes the following elements: a) Provide their own private vehicle and a personal driver and acknowledge that the City will not provide workers' compensation coverage for any non -employee driver, b) show proof of insurance in amounts at least equal to statutory minimums, c) receive mileage reimbursement at the applicable rate, and d) accept personal responsibility for any accident occurring during work hours and sign an agreement, acceptable in form to the City Attorney's office, to indemnify and hold harmless the City from liability. 36 If the employee cannot meet the above requirements, then he or she will be subject to appropriate disciplinary action. No City employee who is on duty shall drive or transport another City employee whose work status has been altered by this policy unless the driver has a valid job -related reason for doing so or prior authorization from a member of management. 5. Factors Considered In any procedure to determine the appropriate treatment of an employee who has lost his or her driving privileges, or an employee who is being evaluated due to meeting the criteria stated in Section "Periodic Review" above, all relevant factors will be considered on a case -by -case basis by the employee's Department Head, the HR Director, and the City Clerk, or their designees. Evaluation may result in no disciplinary action or disciplinary action that conforms to the City's progressive discipline policy. These factors for evaluation may include, but are not limited to, the following considerations: a) Whether the employee is on probationary status. b) Whether the employee is in Group 1 or Group 2. c) The length of loss of driving privileges. d) Whether the loss of license is a repeat offense and the recency of prior offenses. e) Reason for loss of license. f) The employee's work record (e.g., length of service, performance reviews), disciplinary record, and skill level. g) Any prior loss of driving privileges during City employment. h) The employee's commitment to obtain rehabilitation, if necessary, through the Employee Assistance Program (EAP) if the employee has lost driving privileges due to an alcohol or substance abuse offense. i) Manner in which the City was notified (e.g., employee notification or periodic review) and timeliness of employee's notification. j) Whether the loss of license or other reported driving incidents arose from operation of a City vehicle or was otherwise relating to on -duty conduct. k) Whether criminal liability may attach to the loss of license, such as, for example, when a felony or homicide occurs in connection with the driving conduct. I) Effect of the loss of license on any other license held or required for the employee's position. m) Whether an accident, whether or not resulting in a Toss of license, was preventable on the part of the employee. n) The City's exposure to liability. o) Any added costs to the City as a result of the employee's loss of license and/or in making special or alternate arrangements to return the employee to active employment in his or her former position or a different position. 6. Use of Benefits If an employee is placed on unpaid leave or is suspended, the employee may use accrued time, other than sick leave, for hours that the employee is unable to work or 37 not permitted to work due to loss of license. Use of sick leave may be authorized for an employee's attendance in an inpatient substance abuse program. 3:13 Accident Review Policy The purpose of the City of Waterloo Accident Review Policy is to provide the framework for the uniform and objective review of all accidents involving City employees who are operating City vehicles or equipment. Scope The Mayor shall authorize the HR Director to appoint an Accident Review Committee. The Accident Review Committee may decide to increase the committee size through a unanimous decision of the current committee members. The primary objective of the Accident Review Committee will be the review of all accidents involving City employees, City vehicles, and City equipment for the purpose of establishing whether the accident was preventable or non -preventable and to make recommendations to Department Heads on corrective action that should be taken in each specific situation. In addition, the committee may take action on the following: A. Review damage done to other City equipment, such as, stationary engines, pumps, etc. B. Review the feasibility of establishing an incentive program for outstanding operators. C. Make general safety and driving policy recommendations to the Mayor and City Council. D. Promote defensive driving training and safe methods of equipment operation. Some of the factors that the committee should consider in its evaluation, review and recommendations are the following: A. Dollar value of damage caused by the accident. B. Was the equipment repairable or is it considered to be totaled? C. Did the employee incur an injury that will result in loss time, sick leave usage and/or medical bills? D. Did the accident cause property damage to non -City equipment or property? E. Did the accident result in injury, medical bills, etc. to citizens or other City employees? F. Was a ticket issued by a law enforcement agency? General Provisions Every driver engaged in operating City equipment or vehicles is required to promptly report any accident in which he or she is involved while operating a vehicle on City business. This includes reporting any contact between the City vehicle and another vehicle, person or fixed object, which results in death, injury or property damage. Such contact must be reported as an accident regardless of who was hurt, what property was damaged and to what extent, where it occurred or who was responsible. 38 The accident report, including all facts favorable or otherwise, must be made immediately to the driver's supervisor either in person or by telephone. A written report must be completed by the driver within twenty-four hours. The Supervisor must immediately report the accident to the City Clerk's Office for submission to the Accident Review Committee and also commence an investigation. All reports completed by the Supervisor and/or law enforcement agency should be submitted to the Accident Review Committee upon completion. The Accident Review Committee will meet as soon as possible following receipt of information concerning the accident to review all information and evidence available. The Accident Review Committee will determine whether or not the accident was preventable or non -preventable. Preventability depends on whether the driver did everything reasonable to prevent or avoid the accident. Preventability is not based on legal responsibility for causing an accident, but it is based on avoiding the accident in spite of the actions of others or the conditions that existed. The Accident Review Committee after reviewing all of the evidence available will draft a written recommendation declaring whether the accident was preventable or non - preventable. This statement along with any written recommendations on remedial action such as defensive driving school for the operator, safety violations that need to be addressed and possible disciplinary action will be forwarded to the Mayor, City Council, Supervisor, and the employee. The employee's Supervisor or Department Head will be expected to implement the recommendations of the Accident Review Committee, to take appropriate disciplinary action against the employee if warranted and to report back to the Committee on action that has been taken. If the Accident Review Committee determines that the accident was preventable, the driver or operator may challenge that determination by submitting a written challenge citing the reason for the challenge. The driver will be granted a rehearing. The Accident Review Committee has adopted a standard definition of Preventability for vehicular accidents that is contained in the following section. Definition of Preventability Preventability is the application by a driver of all reasonable efforts to avoid an accident by utilizing accepted defensive driving techniques to anticipate all circumstances that might cause an accident to occur including weather and road conditions, mechanical failure and the actions of other drivers. Factors in Determining the Preventability of an Accident The Accident Review Committee will use the following factors to assist in determining preventability. These factors are not all inclusive and do not list every causal factor that may be involved in a given accident. A. Struck in Rear by Other Vehicle Non Preventable if: 1. Driver's vehicle was legally and properly parked. 2. Driver was proceeding in own lane of traffic at a safe and lawful speed. 39 3. Driver was stopped in traffic due to existing conditions or was stopped in compliance with traffic sign or signal or at the directions of a police officer or other person. 4. Driver was in proper lane, stopped, and waiting to make a turn. B. Struck in Rear by Other Vehicle Preventable if: 1. Driver was passing slower traffic near an intersection and had to make sudden stop. 2. Driver made sudden stop to park, load, or unload. 3. Driver's vehicle was improperly parked. 4. Driver rolled back into vehicle behind. C. Striking Other Vehicle in Rear Preventable if: 1. Driver failed to maintain safe following distance and have vehicle under control. 2. Driver failed to keep alert to traffic conditions and note slowdown. 3. Driver failed to ascertain whether vehicle ahead was moving slowly, stopped, or slowing down for any reason. 4. Driver misjudged rate of overtaking. 5. Driver came too close before pulling out to pass. 6. Driver failed to wait for car ahead to move into the clear before starting up. 7. Driver failed to leave sufficient room for passing vehicle to get safely back in line. D. Struck While Parked Non Preventable if: 1. Driver was properly parked in a location where parking was permitted. 2. Vehicle was protected by emergency warning devices as required by federal and state regulations, or if driver was in process of setting out or retrieving signals. E. Accidents at Intersection Preventable if: 1. Driver failed to control speed so that the vehicle could stop within available sight distance. 2. Driver failed to check cross -traffic and wait for it to clear before entering intersection. 3. Driver pulled out from side street in the face of oncoming traffic. 4. Driver collided with person, vehicle, or object while making right or left turn. 5. Driver, going straight through an intersection, collided with another vehicle making a turn. F. Sideswipe and Head -On Collisions Preventable if: 1. Driver was not entirely in the proper lane of travel. 2. Driver did not pull to the right and slow down and stop for vehicle encroaching on own lane of travel when such action could have been taken without additional danger. 40 G. Squeeze Plays and Shutouts Preventable if: 1. Driver failed to yield right of way to avoid an accident. H. Backing Accident Preventable if: 1. Driver backed vehicle, causing accident, when such backing could have been avoided. 2. Driver failed to get out of vehicle and check proposed path of backward travel. 3. Driver failed to use a "spotter" if driver was in a position where the mirrors failed to show the hazard. I. Accidents Involving A Train Preventable if: 1. Driver attempted to cross tracks directly ahead of train. 2. Driver ran into side of train. 3. Driver stopped on or parked too close to tracks. J. Accidents while Passing Preventable if: 1. Driver passed when view of road ahead was obstructed by hill, curve, vegetation, traffic, adverse weather conditions, etc. 2. Driver attempted to pass in the face of closely approaching traffic. 3. Driver failed to warn the driver of the vehicle being passed. 4. Driver failed to signal change of lanes. 5. Driver pulled out in front of other traffic overtaking from rear. 6. Driver cut -in short returning to right lane. K. Accidents while Being Passed Preventable if: 1. Driver failed to stay in own lane or hold or reduce speed to permit safe passing. L. Accidents while Entering Traffic Stream Preventable if: 1. Driver failed to signal when pulling out from curb. 2. Driver failed to check traffic before pulling out from curb. 3. Driver failed to look back to check traffic if driver was in position where mirrors did not show traffic conditions. 4. Driver attempted to pull out in a manner which forces other vehicle(s) to change speed or direction. 5. Driver failed to make full stop before entering from side street, alley, or driveway. 6. Driver failed to make full stop before crossing sidewalk. 7. Driver failed to yield right of way to approaching traffic. M. Pedestrian Accidents Preventable if: 41 1. Driver did not reduce speed in area of heavy pedestrian traffic. 2. Driver was not prepared to stop. 3. Driver failed to yield right of way to pedestrian. N. Mechanical Defects Accident Preventable if: 1. Defect was a type which driver should have detected in making pre -trip or en -route inspection of vehicle. 2. Defect was a type which driver should have detected during the normal operation of the vehicle. O. All Other Types of Accidents Preventable if 1. Driver was not operating at a speed consistent with the existing conditions of the road, weather, and traffic. 2. Driver failed to control speed to be able to stop within assured clear distance. 3. Driver misjudged available clearance. 4. Driver failed to yield right of way to avoid accident. 5. Driver failed to accurately observe existing conditions and drive in accordance with those conditions. 6. Driver was in violation of City operating rules or special instructions, the regulations of any federal or state regulatory agency, or any applicable traffic law or ordinances 7. Drug and/or alcohol tests shows the driver to have drugs or alcohol in his/her system as outlined in the City's "Drug & Alcohol Testing Commercial Driver's License" policy. This applies for all employees regardless of whether the vehicle being driven requires a CDL or whether the operator's job description requires a CDL. While evidence of a violation of the law is a clear-cut indication of the preventability of an accident, the absence of any violation does not make the accident non -preventable. There are many steps that the professional driver can take to avoid an accident, which are beyond the requirements of the law. The accident review board will determine whether the driver could have reasonably taken other actions, which would have avoided the accident. 3:14 City -Issued Credit Cards Finance will allow City credit cards to be checked out to regular employees as approved by the Department Head or elected City officials as approved by City Finance Committee. Any credit card the City of Waterloo provides to an employee as a means of payment must be used for business purposes only, in conjunction with the employee's job duties. Employees using the City of Waterloo credit cards shall not use them for any non - business, non -essential purpose, i.e., for any personal purchase or any other transaction that is not authorized or needed to carry out their duties. Employees must pay for personal purchases (i.e., transactions for the benefit of anyone or anything other than the City of Waterloo) with their own funds or personal credit cards. 42 Department Heads will set credit card limits up to $5,000. Based on written justification by the Department Head, the Director of Finance may approve credit limits in excess of this amount. Department Heads may also set "per transaction" limits at their discretion. Credit cards should never be used to circumvent established competitive purchasing procedures. This means no purchases for goods or services should be made in excess of $300 that would otherwise require competitive bidding. Credit cards may be used in paying for travel expenses. However, the City's Travel Guidelines still apply to all such credit card payments, including the use of Travel Requests and per diem amounts. Including minor incidental expenses as a component part of a larger billing —such as personal telephone calls or video rentals on a hotel bill — is allowed if reimbursed at the time the credit card billing is submitted for payment. Employees will not use City credit cards to obtain cash advances for any reason. Obtaining cash advances on City cards is a misuse of City funds and a serious breach of the City's ethics policy. Doing so —even if the intent is to reimburse the City later and even if the cash is used for legitimate City expenses —will result in disciplinary action, up to and including termination. Employees will not use City credit cards for personal expenses even if the intent is to reimburse the City later. Charging personal expenses on City cards is a misuse of City funds and a serious breach of the City's ethics policy. Doing so —even if the intent is to reimburse the City later —will result in disciplinary action, up to and including termination. Procedures • Requesting Credit Cards: Department Heads should submit credit card requests to Finance (via memorandum or email) to approve cardholders and set credit card limits. Department Heads will need to include supplemental justification for credit limits in excess of $5,000. • Criteria: Credit cards will only be checked out to regular employees or City officials. Department Heads should consider the following factors in approving credit card use for their staff and setting credit limits: o Ability to hold the employee accountable for purchases made on the card. o Recognition that delegating authority to an employee to purchase via credit card is not conceptually different from delegating authority to them to purchase from an open contract on a vendor account. In this context, departments should consider issuing cards in the same manner that they would consider authorizing employees to use open vendor accounts. On the other hand, there is much greater potential in the "breadth -of -use" of credit cards: employees can use them with more than just a few vendors. Department Heads should also consider this added discretion and increased potential for abuse in approving credit cardholders. 43 o Frequency of use, diversity of vendors and dollar value of purchases made by the employee. • Cardholder Agreement: Before receiving a credit card, employees will sign a "credit cardholder use agreement" setting forth their obligations under this program. • Competitive Bidding: The City's competitive bidding standards apply to all types of payment methods, including credit card purchases. Generally, credit card purchases other than for items such as computer equipment and airfare will be for smaller expenditures. While there may be exceptions as allowed under the City's purchasing policies, this means expenditure pre -authorizations should be obtained for purchases in excess of $2,500 and travel requests should be obtained for travel expenditures. • Timely Payment: Department Heads are responsible for ensuring that payment vouchers with appropriate supporting documentation are provided to the Finance Department prior to the due date for payment. To avoid posting errors, administrative charges and late fees, Finance will pay all credit card charges on a timely basis, even if supporting documentation is not yet received from the operating departments. When subsequently received, the supporting documentation will be retroactively reconciled to the payment. Instances where this occurs should be very rare and due to extenuating circumstances. Accounting staff will notify the Director of Finance of any such instances of late or inaccurate payment submittals. After reviewing the circumstances, the Director of Finance will recommend to the Department Head appropriate follow-up action, including cancellation of card privileges and disciplinary action. • Disputed Charges: Card users are responsible for ensuring that the vendor, issuing bank and Finance Department are notified immediately of any disputed charges. Standard forms (provided by the issuing bank) are available from Finance for this purpose. Departments should pay the statement in full —including any disputed amounts —to avoid finance charges and late fees; when resolved, this will result in a credit to the account on the next monthly statement. • Standard Process for Payment: The City's standard accounts payable system will be used in processing monthly credit card statements for payment. Each credit card charge should be listed separately on the credit card payment voucher, and account numbers, purchase descriptions and amounts referenced as appropriate. Supporting documentation for credit card payments should be the same as for any other accounts payable item. This means that original invoices (or receipts) along with credit card receipts must be retained, reconciled to the credit card statement and attached to the payment voucher. • Lost or Stolen Cards: Cardholders are responsible for ensuring that the issuing bank and the Department of Finance are notified immediately if the card is lost or stolen. Standard forms (provided by the issuing bank) are available from Finance for this purpose. Failure to do so may result in making the cardholder responsible for any fraudulent use of the card. 44 • Disciplinary Action: Department Heads are responsible for all disciplinary action surrounding misuse of cards, including requesting cancellation of card privileges. • Return of the Card Upon Request or Termination: Cardholders will immediately surrender their card upon request of their Department Head. HR is responsible for retrieving the credit card when an employee separates from the City. Use of the credit card for any purpose after its surrender is prohibited. Reimbursement for Personal Purchases If any employee uses an the City of Waterloo credit card for personal purchases in violation of this policy, for any other type of unauthorized transaction in violation of this policy (i.e. incurs financial liability on the City of Waterloo's part that is not within the scope of the employee's duties or the employee's authorization to make business -related purchases), or is unable to provide a receipt verifying the purchase(s), the cost of such purchase(s) will be the financial responsibility of the employee and will need to be immediately reimbursed to the City of Waterloo through a personal check from the employee. 3:15 Cash -Handling Procedures The purpose for these written procedures is to create a general performance standard for all City employees who collect cash or have control of a petty cash fund as part of their normal job duties. The cash handling policies are intended to ensure accurate and timely accounting for all cash transactions. Cash receipting policies will also assist the City in optimizing cash flow. Petty Cash Funds Petty cash funds are established to provide departments with the ability to pay cash for small expenses of less than $5.00. One person in each department should be named custodian of the petty cash fund. The petty cash should be kept in a locked box under the control of the assigned person and placed in a safe or vault when the assigned person is not on duty. 1. The petty cash should start with the assigned balance as recorded in the City Clerk's Office records. 2. Vouchers or receipts must be kept or prepared for every transaction. 3. Vouchers should contain the following information: Payee, Date, Type of Transaction, Amount and Expense Code. 4. Reimbursement should be requested if remaining cash is less than 25% of balance. Prepare and submit a payment voucher for the accounts payable system and attach all vouchers and receipts for verification. Cash/Change Drawers 45 Cash drawers are established to enable departments to make change during the collection of monies for services or fees. Two basic rules for handling cash are: 1. Whenever cash is received a receipt must be given. 2. All monies should be turned over to the City Clerk's/Finance Office before deposit or a duplicate deposit slip be provided to the City Clerk's/finance Office if approved for direct deposit. Procedures for Balancing Cash/Change Drawers 1. Cash should be balanced daily. 2. All cash should be removed from the cash drawer and the pre -determined beginning balance returned to drawer. 3. Remaining cash and checks should be counted until same balance is arrived at twice. Counting of cash should take place out of public view at a location away from your collection area. 4. Cash receipts should be totaled and compared to actual cash balance. 5. Overages or shortages should be recorded and deposited with the City Clerk into a miscellaneous revenue account. 6. Cash receipts should be deposited with the City Clerk daily or in the timeframe established by department policy for outlying departments. It is the responsibility of cash handlers to train new personnel on this procedure so that all employees meet the performance standards set for cash handling transactions. 3:16 Social Media At the City of Waterloo, we recognize the Internet provides unique opportunities to participate in interactive discussions and share information using a wide variety of social media. However, use of social media also presents certain risks and carries with it certain responsibilities. To minimize risks to the City, you are expected to follow our guidelines for appropriate use of social media. This policy applies to all employees who work for the City. Guidelines For purposes of this policy, social media includes all means of communicating or posting information or content of any sort on the Internet, including to your own or someone else's web log or blog, journal or diary, personal website, social networking or affinity website, web bulletin board or a chat room, whether associated or affiliated with the City, as well as any other form of electronic communication. 46 City principles, guidelines, and policies apply to online activities just as they apply to other areas of work. Ultimately, you are solely responsible for what you communicate in social media. You may be personally responsible for any litigation that may arise should you make unlawful defamatory, slanderous, or libelous statements against any manager or employees of the City. Know and Follow the Rules Ensure your postings are consistent with these guidelines. Postings that include unlawful discriminatory remarks, harassment, and threats of violence or other unlawful conduct will not be tolerated and may subject you to disciplinary action, up to and including termination of employment. Be Respectful The City cannot force or mandate respectful and courteous activity by employees on social media during nonworking time. If you decide to post complaints or criticism, avoid using statements, photographs, video, or audio that reasonably could be viewed as unlawful, slanderous, threatening, or that might constitute unlawful harassment. Examples of such conduct might include defamatory or slanderous posts meant to harm someone's reputation or posts that could contribute to a hostile work environment on the basis of race, sex, disability, age, national origin, religion, veteran status, or any other status or class protected by law or City policy. Your personal posts and social media activity should not reflect upon or refer to the City. Maintain Accuracy and Confidentiality When posting information: • Maintain the confidentiality of trade secrets, intellectual property, and confidential information related to the City. • Do not create a Zink from your personal blog, website, or other social networking site to a City website that identifies you as speaking on behalf of the City. • Never represent yourself as a spokesperson for the City. If the City is a subject of the content you are creating, do not represent yourself as speaking on behalf of the City. Make it clear in your social media activity that you are speaking on your own behalf. • Respect copyright, trademark, third -party rights, and similar laws and use such protected information in compliance with applicable legal standards. Using Social Media at Work Do not use social media while on your work time, unless it is work related as authorized by your Department Head or consistent with policies that cover equipment owned by the City. Retaliation and Your Rights Retaliation or any other negative action is prohibited against anyone who, based on a reasonable belief, reports a possible deviation from this policy or cooperates in an investigation. Those who retaliate against others for reporting a possible deviation from this policy or for cooperating in an investigation will be subject to disciplinary action, up to and including termination of employment. 47 Nothing in this policy is designed to interfere with, restrain, or prevent employees from communications regarding wages, hours, or other terms and conditions of employment, or to restrain employees in exercising any other right protected by law. All employees have the right to engage in or refrain from such activities. 3:17 Electronic Usage Policy The City of Waterloo provides various technology resources to authorized employees to assist them in performing their job duties. Each employee has a responsibility to use the City's technology resources in a manner that increases productivity, enhances the City's public image, and is respectful to other employees. With the rapidly changing nature of electronic media, this policy cannot lay down rules to cover every possible situation. Instead, it expresses the City's philosophy and sets forth general principles to be applied in the use of electronic media and services. The following procedures apply to all electronic media and services which are: • Accessed on or from City workspace premises, • Accessed using City computer equipment or from City -provided access methods such as virtual private network (VPN), and/or • Used in a manner which identifies the individual with the City (including City provided cell phones or mobile devices or City business performed on personal cell phones or mobile devices). Scope This policy is established for and shall be followed by all full and part-time employees except Police Department personnel that are engaged in criminal investigations or other activities as a necessity of their job function. Procedures Electronic media may not be used for knowingly transmitting, retrieving, or storage of any communications of a discriminatory or harassing nature, or which are derogatory to any individual or group, or which are obscene, or are of a defamatory or threatening nature, or for any other purpose which is illegal or against other City policies and contrary to the City's interest unless a necessary function of one's job as in certain Police Department capacities. Electronic media and services are primarily for business use. Limited, occasional, or incidental use of electronic media (sending or receiving) for personal, non -business purposes is acceptable. However, employees need to demonstrate a sense of responsibility and may not abuse the privilege. Any information created and/or communicated by an employee using any technology may be monitored by City technology staff at any time. Types of usage that may be monitored includes but is not limited to: 48 • Usage patterns for both voice and data communications (e.g., number called or site accessed; call length; times of day calls). Reasons include cost analysis/allocation and the management of our internal network to the Internet. • The City also reserves the right in its discretion to review any employee's electronic files and messages and usage to the extent necessary to ensure that electronic media and services are being used in compliance with the law. • Employees should, therefore, not assume any electronic communications are private and confidential. If necessary to transmit confidential information such as protected health information (PHI), please contact the Information Technology Department for specific instructions. All software on City computers is owned or licensed by the City. No software on these systems may be copied, distributed or used on any other systems without consent of the Information Technology Director or designee. No software may be downloaded, installed, distributed from or copied to these or any other systems without the approval of the Information Technology Director or designee. Employees must respect the confidentiality of other people's electronic information. Employees should use only their City provided login and password and should not attempt to use other employees' usernames and/or passwords. If the need arises to utilize other user's login names or passwords, this shall only be approved by the Mayor, Information Technology Director, or designee. Use of generic login names on shared computers may be appropriate in certain circumstances but should be approved by the IT Director or designee. No e-mail or other electronic communications may be sent which attempt to hide the identity of the sender or represent the sender as someone else or from another City. Electronic media and services may not be used in a manner that is likely to cause network congestion (unless temporarily necessary for a specific job), expose the network to viruses or malware infections, or significantly hamper the ability of other people to access and use the system. The MIS department has the authority to monitor the bandwidth being used and determine if an application being used is causing network degradation and block that application. Anyone obtaining electronic access to other cities' or individuals' materials must respect all copyrights and may not copy, retrieve, modify, or forward copyrighted materials without their consent. Employees are responsible for ensuring that data is stored in the proper location to allow for centralized data backups. No business -related data should be stored on the end user's local drive that cannot be easily recreated if lost. User folders on the network are created for each individual for storage and backup. If you have questions about the proper location and storage of business related data, contact the MIS Department. 49 Viruses and malware (malicious software) are rampant on the Internet and great care should be taken to assure City owned computers are not affected. All City owned or provided devices are equipped with anti -virus software where possible; however, the following procedures should be taken to minimize the risk of malicious attacks: • Do not click on suspicious web sites or links or open any email from suspicious or unknown senders, • Do not attach external media devices, i.e., flash drives, media players, external hard drives or other external devices unless obtained or approved by the MIS Department or designee. • Never attach a device with unknown origin to the City network. • Contact the MIS Department immediately if any virus or malware is suspected. Violations Violations of any guidelines listed above may result in disciplinary action, up to and including termination of employment. If necessary, the City will advise appropriate legal officials of any illegal violations. 3:18 Disciplinary Process and Procedures It is our expectation that all employees will perform their jobs satisfactorily and comply with the City's rules and policies. However, if an employee does not satisfactorily perform his/her job; violates the City's rules or; in the opinion of the City, interferes with or adversely affects our business; the City may implement progressive disciplinary action. Some conduct that may result in disciplinary action and/or immediate termination of employment include the following: • Refusing or failing to carry out reasonable job assignments. • Using, possessing, or working under the influence of alcohol and/or controlled substances, as defined by federal law, while at work or while "on call" outside of normal work hours. • Selling or providing drugs or alcohol to any other employee while such employee is on duty or "on call" outside of normal duty hours, or to any other person while on duty. • Abuse of prescription drugs. • Carrying a dangerous weapon as defined by the Iowa Code while on duty. Sworn officers of the Waterloo Police Department or tactical medics of Fire Rescue are exempted from this policy. • Willful, careless, and/or repeated violation of departmental rules, which have been properly posted, standard operating procedures, or any other rules or regulations promulgated by the City. • Operating City equipment or vehicles without proper license or permit, or in a careless or negligent manner. • Failure to maintain any required license or permit or failure to notify the City of loss of any such license or permit. • Theft from another employee or the City, including falsification of your working time. • Discrimination and/or harassment • Disregard for safety policies and procedures, including proper use of safety gear, clothing or equipment. 50 • Failure to maintain a satisfactory attendance record and/or habitual tardiness. • Failure to report for employment for a period of three (3) consecutive workdays without notice to the City. • Improper or excessive use of sick leave or other leave. • Incompetence, inefficiency, or negligence in the performance of duties. • Conviction of a crime closely or directly related to the ability of the employee to perform his/her job effectively. • Fraud. • Making false statements on a job application or other employment record. • Any other act which is not in the best interest of the employer. • Any other illegal conduct at work. Please note this list is not all-inclusive. Our progressive discipline policy is designed to provide a corrective action process to improve and prevent a recurrence of undesirable behavior and/or performance issues. Our progressive discipline policy is consistent with our City's values, human resources best practices, and employment laws. Our general policy is to take disciplinary steps in the following order: • Verbal Warning(s) • Written Warning(s) • Suspension (paid or unpaid) • Termination of employment The City reserves the right, in its sole discretion, to omit any or all of these steps and to repeat, add to, or modify any or all of these steps in any particular situation. The City of Waterloo will take whatever corrective action it determines is appropriate in response to the circumstances of any given situation. In choosing the appropriate disciplinary measure, we may consider any number of factors including: the seriousness of your behavior; your history of misconduct or performance problems; your employment record; the strength of the evidence against you; your ability to correct the behavior; your attitude about the behavior; action we have taken to respond to similar behavior by other employees; how your behavior affects the City, its citizens, and your co-workers; and any other circumstances related to the nature of the behavior. We will give these considerations whatever weight we deem appropriate. Depending on the circumstances, we may give some considerations more weight than others or no weight at all. As a reminder, any behavior or action during your 90-day probationary period that falls under our disciplinary process and procedures will be considered on a case -by -case basis and may result in immediate termination of employment regardless of the severity of the behavior or action. Nothing in this section or in the City's disciplinary policies or procedures changes an employee's right to terminate his/her employment with the City of Waterloo at any time, 51 with or without notice, for any or no reason, nor does it modify the City's right to terminate any employee's employment at any time, with or without notice, for any reason not prohibited by law. 3:19 Authorization for Designated Subordinate to Take Disciplinary Action in the Absence of the Appointing Authority Chapter 400 of the Code of Iowa and Chapter IX of the City of Waterloo Civil Service Rules and Regulations expressly empower an Appointing Authority (Department Head) to peremptorily suspend, demote, or terminate the employment of a civil servant for neglect of duty, disobedience of orders, misconduct, or failure to properly perform the person's duties. The City Council has recognized that all Appointing Authorities of the City of Waterloo are entitled to vacation, sick leave, and other leaves of absence, thereby resulting in the need for a duly -appointed subordinate of each Appointing Authority to possess the authority to administer discipline in the extended absence of an Appointing Authority. Consequently, the City Council has deemed it necessary to authorize duly appointed subordinates to administer discipline in the absence of an Appointing Authority (Department Head) and has passed a resolution establishing the following: 1. That each Appointing Authority of the City of Waterloo is hereby authorized to designate a named subordinate(s) to assume all rights, powers and responsibilities during an extended absence of the Appointing Authority. 2. That said designated subordinate(s) shall possess the authority to administer discipline under Chapter 400 of the Code of Iowa and Chapter IX of the City of Waterloo Civil Service Rules and Regulations only during the period of time when the Appointing Authority is on an extended absence because of vacation, sick leave, or other similar absence, excluding separation of employment from the City. 3. That said designation shall be effective when the Appointing Authority submits written notification to the Mayor that the Appointing Authority will be absent from the City for a definite period of time, which notification specifically names the subordinate(s) who will assume the duties and responsibilities of the Appointing Authority only during the time so specified. 52 Section 4: Hours and Pay Policies 4:1 Employee Classifications All employees are designated as either exempt or non-exempt under federal wage and hour laws. The following is intended to help you understand employment classifications and employment status. Your entitlement to overtime and certain benefits depends on your employee classification(s). It is essential you understand which of these classifications you fit into; it is possible that more than one classification applies to you. The minimum hours worked requirement to be considered a full-time employee eligible for certain benefits may vary from that listed below. Please refer to Section 7 Employee Benefits for more details. For the purposes of compensation, including the calculation of overtime, employee classifications include the following: Exempt employee: an employee who is exempt from the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA). Exempt employees are generally managerial, professional, administrative, or technical employees who hold jobs that meet the standards and criteria established under the FLSA by the U.S. Department of Labor and are paid the same amount for each pay period, or a "salary," regardless of the number of hours worked. Exempt employees shall have benefit leave banks established, including sick leave, vacation and casual time. Any time off, including partial day absences, will generally be chargeable to one of these leave banks. Pursuant to the principles of public accountability practiced by the City of Waterloo, an exempt employee's pay shall be reduced, or such employee placed on leave without pay, for partial or full day absences for casual reasons, or because of illness or injury when accrued leave is not used by an employee for the following reasons: • accrued leave has been exhausted; • the employee has requested and been authorized to use leave without pay; or • permission for leave has not been sought or has been sought and denied. Suspensions of exempt employees for disciplinary reasons may not be made for less than a full FLSA work period (a full work week), unless the suspension is for violation of a major safety rule. Non-exempt employee: an employee whose work is covered by the FLSA and is not exempt from the law's requirements concerning minimum wage and overtime. Non- exempt employees will be paid an hourly rate, are eligible for overtime and compensatory time, and may receive a varying amount of compensation for each pay period, based on the number of hours worked and overtime provisions. Please see Section 4:7 "Overtime and Compensatory Time for Non -Bargaining Employees" for more information. Full-time employee: an employee who is regularly scheduled to work the City's full-time schedule of 40 hours per week. 53 Part-time employee: an employee who is regularly scheduled to work less than the City's full-time schedule of 40 hours per week. Civil Service employee: an employee or officer who is appointed to his or her position under the authority of the Code of Iowa, Chapter 400, and the City of Waterloo Civil Service Rules and Regulations. Bargaining employee: an employee who is a member of a bargaining unit. Non -bargaining employee: an employee who is not a member of a bargaining unit. Regular employee: an employee who is not in a temporary status, is not classified as an intern, and has successfully completed the probationary six-month period. Probationary employee: an employee who is not in a temporary status, is not classified as an intern, and has not yet successfully completed the six-month probationary period. Temporary employee: an employee who is hired as an interim replacement to temporarily supplement the workforce or to assist in the completion of a specific project and is scheduled to work either full-time or part-time for a limited duration. Intern: an individual who meets one or more of the following criteria: • Is currently enrolled at an accredited college, university, community college, or high school and is engaged in experiential learning in the workplace in return for academic or course credit. • Is obtaining work experience that is required for professional licensure or certification under the supervision of a licensed or certified professional (e.g., Social Workers, Engineers, Nurses, and Accountants) for a period not to exceed 18 months in duration. • Is engaging in experiential learning in a profession under the supervision of an appropriate university supervisor or manager for a period not to exceed 18 months in duration. • Meets the U.S. Department of Labor (DOL)'s current guidelines for unpaid interns and students. See the DOL's webpage entitled "Internship Programs Under The Fair Labor Standards Act" for more information. 4:2 Work Schedule The Department Head shall determine the specific workday and workweek schedules for each employee within his/her department based upon the operational needs of the department. For certain bargaining employees, work schedules are outlined in the collective bargaining agreement. Please review your collective bargaining agreement or direct questions to your union representative for more information. A regular work schedule is normally defined as being five (5) consecutive workdays consisting of eight (8) work hours within a pre -established schedule. However, it is 54 recognized that it may be necessary to establish work schedules other than as defined above in those departments engaged in continuous operations (where there is regularly scheduled employment for seven (7) days per week and 24 hours per day) or in those departments with special operating needs. To achieve maximum efficiency, Department Heads should communicate with and attempt to schedule the workload of their staff in a timely manner. Department Heads will attempt to communicate any schedule changes to staff in advance but may not always be able to do so. 4:3 Attendance Expectations We expect each of our employees to maintain an acceptable attendance record by reporting to work on time and working until the end of his/her scheduled workday. Your attendance record can be a significant factor in the annual review process, including evaluating your performance and eligibility for raises and promotions. An unsatisfactory attendance record, including frequent tardiness, long lunch breaks, or early departures may be cause for disciplinary action, up to and including termination of employment. Reporting Absences or Tardiness The City of Waterloo recognizes that circumstances beyond your control may cause you to be absent from work from time to time. Any foreseeable absence should be scheduled with your Department Head or Supervisor at least one (1) week in advance or as soon as reasonably possible. If your absence is unexpected, you should notify your Department Head or Supervisor as soon as possible. Phone calls, emails, and text messages are considered acceptable methods of notification; however, employees are responsible for using the notification method that works best for their Department Head or Supervisor. In the absence of a personal conversation, a phone number where you can be reached should be included. Employees are expected to call in each day they are absent, unless a request for a leave of absence has been approved. Failure to notify the City each day prior to the approval will result in those absences being recorded as no -call, no-show absences. We realize that, on occasion, tardiness also cannot be avoided. In the event this occurs, please report to your Department Head or Supervisor and explain why you arrived late. Frequent absenteeism or tardiness may result in disciplinary action, up to and including termination of employment. Inclement Weather Policy The City generally opens and closes at the normal times regardless of weather conditions. While it is anticipated that most employees will report to work regardless of weather conditions, no employee is to endanger his/her personal health and safety by doing so. If you are unable to report to work, or will be late due to weather, you are responsible for contacting your Department Head or Supervisor, and you will be required to utilize vacation or casual time to cover the absence. 55 If the City does close due to weather, the Mayor will communicate the closure and payment procedures. City -Related Events From time to time, the City of Waterloo may require your attendance at a City -related event outside of your normal schedule. Depending on the nature of the event, your attendance may or may not be mandatory, which management reserves the right to determine. If attendance is mandatory, non-exempt employees will be paid for the time spent at the event, and in certain instances, the time spent traveling to and from the event. See your Department Head or Supervisor for further clarification on eligibility for compensation. Job Abandonment Not reporting to work and not calling, emailing, or texting to report the absence is a no- call/no-show and is a serious matter that will be dealt with through our disciplinary action process. Employees who fail to report to work or contact their Department Head or Supervisor for three (3) consecutive workdays shall be considered to have voluntarily abandoned the job without notice, effective at the end of their normal shift on the third day. Exceptions may be made if the absences are later determined to pertain to an emergency situation, such as an FMLA-qualifying absence. 4:4 Break Time for Nursing Mothers For up to one (1) year after a child's birth, any employee who is breastfeeding her child will be provided reasonable break times as needed to express breast milk. The City of Waterloo has a designated room for this purpose. Employees who work off -site or in other locations will be accommodated with a private area as necessary. If you are a non- exempt employee, breaks of more than 20 minutes in length will be unpaid, and you should indicate this break period on your time record. 4:5 Record of Hours Worked It is our policy and practice to accurately compensate employees and to do so in compliance with all applicable federal and state wage and hour laws. To ensure that you are paid properly for all time worked and that no improper deductions are made, non- exempt employees must accurately report all work time. You also must not engage in off -the -clock or unrecorded work. Time records will be reviewed for accuracy prior to processing of each payroll. You must correct any errors brought to your attention prior to the payroll processing, or a corresponding reduction in pay may result until the correction is made and the next payroll is processed. Any falsification of time keeping records, including recording hours worked for another employee, will result in disciplinary action, up to and including termination of employment. 4:6 Remote Work 56 Telecommuting allows employees to work at home, on the road or in a satellite location for all or part of their workweek. The City of Waterloo considers telecommuting to be a viable work option when there is a demonstrated need for worker flexibility. Telecommuting may be appropriate for some employees and jobs but not for others. Procedures Telecommuting can be approved when the Department Head determines it is necessary. Temporary telecommuting arrangements may be approved for circumstances such as inclement weather, natural disasters, health emergencies, special projects or business travel. These arrangements are approved on an as -needed basis only, with no expectation of ongoing continuance. Eligibility Before entering into any telecommuting agreement, the employee and Department Head will evaluate the suitability of such an arrangement, reviewing the following areas: • Employee suitability and job responsibilities. The Department Head will weigh the job responsibilities and determine if the job is appropriate for a telecommuting. • Workspace and Equipment. Telecommuting arrangements should not require a significant investment in specialized workplaces or equipment. Evaluation of the telecommuter agreement should occur often during the initial work from home period. Evaluation of telecommuter performance should focus on work output and completion of objectives. The manager and telecommuter will communicate at a level consistent with employees working at the office or in a manner and frequency that is appropriate for the job. Equipment and Security On a case -by -case basis, the City of Waterloo will determine the appropriate equipment needs for each telecommuting arrangement. Equipment supplied by the organization will be maintained by the organization and used for business purposes only. Upon termination of employment, all City property will be returned to the City of Waterloo. The City of Waterloo will not be responsible for costs associated with the setup of the employee's home office, such as remodeling, furniture or lighting. Consistent with the organization's expectations of information security for employees working at the office, telecommuting employees will be expected to ensure the protection of confidential information accessible from their home office. Time Worked Telecommuting employees who are not exempt from the overtime requirements of the Fair Labor Standards Act will be required to accurately record all hours worked using the City of Waterloo's timekeeping system. Hours worked in excess of those scheduled per day and per workweek require the advance approval of the telecommuter's supervisor. Failure to comply with this requirement may result in the immediate termination of the telecommuting agreement. 57 4:7 Overtime and Compensatory Time for Non -Bargaining Employees Overtime compensation is paid to all eligible non-exempt employees in accordance with federal wage and hour laws; exempt employees are not eligible for overtime. Non- exempt, non -bargaining employees are eligible for overtime and compensatory time according to the details listed in this policy. For certain non-exempt bargaining employees, overtime and compensatory time may be administered differently. Please review your collective bargaining agreement or direct questions to your union representative for more information. Non-exempt employees shall be compensated at one and one-half (1.5) times their basic hourly rate of pay, plus any supplemental pay such as longevity and shift differential, for all hours actually worked in excess of 40 in a regular workweek (except for sworn police and fire employees subject to the Section 7(k) FLSA exemption). The FLSA workweek shall begin on Saturday and end on Friday for employees scheduled to a traditional seven (7)-day workweek. Section 7(k) of the FLSA allows state and local government employers to establish a longer work period than the traditional seven (7)-day week for purposes of computing overtime pay for law enforcement personnel and firefighters. The established FLSA period for these employees is a rotating 27-day cycle that can be obtained from HR. In the event you find it necessary to work beyond your regularly scheduled work hours, you will need to obtain permission in advance from your Department Head or Supervisor. Without such approval, overtime is unauthorized and disciplinary action may apply. When mutually agreed between the employee and Department Head, eligible overtime may be reimbursed in the form of compensatory time off, up to the maximum amount allowed by FLSA regulations and the collective bargaining agreement, if applicable. For more information, contact your Department Head and/or your union representative. All hours worked in excess of 40 in a regular workweek (53 hours for fire employees) must be accounted for in the pay period the hours are earned and reported to the Payroll Department on the time card for that pay period. When a non-exempt, non -bargaining employee has worked more than his/her regularly scheduled hours at the beginning of a workweek, the Department Head shall make every effort to reschedule the employee's workday or remainder of the workweek in order to avoid an FLSA overtime situation during that week. A non-exempt employee covered by this document may only use accrued compensatory hours for sick leave absences after exhausting all sick leave banks. When a non-exempt employee is promoted to an exempt position, all compensatory hours in the payroll system will be paid out at the non-exempt position rate of pay on the next payroll date following the promotion. 4:8 Non -Bargaining Salary Policy 58 For purposes of the annual budget process, the HR Director shall review the salaries for non -bargaining classifications (except those covered below) and submit any recommended equity adjustments and/or general wage increases to the City Council for approval prior to the beginning of the fiscal year. Requests from Department Heads for individual salary increases to be made outside of the annual budget process shall be submitted to HR for review and approval by the HR Director, Chief Financial Officer, and Mayor. The non -bargaining salary schedule is outlined in a separate document maintained by HR. Library Employees Salaries for non -bargaining employees of the Library shall be reviewed annually by the Library Director and Library Board. Salaries shall be established by formal approval of the Waterloo Public Library Board of Trustees and stated in the minutes of the meeting. 4:9 Pay Periods and Payday The City of Waterloo's pay cycle is bi-weekly, and employees will be paid 26 times per year. The City of Waterloo's pay period runs from 12:00 a.m. on Saturday through 11:59 pm on Friday, 14 days later. Payday is the Friday following the end of the pay period and includes all compensation due during the prior pay period, or "in arrears." If the normally scheduled payday falls on a holiday, employees will be paid on the previous business day. 4:10 Payroll Deductions In addition to statutory requirements for the withholding of taxes, the City of Waterloo will make deductions from your paycheck when authorized by you and when required by applicable law. This includes income and unemployment taxes, Federal Insurance Contributions Act (FICA) contributions (Social Security and Medicare), and any other deductions required under law. In addition to required tax withholdings, the City of Waterloo is required by law to deduct the following: • Garnishment: a court order that requires part of the employee's wages be withheld in order to satisfy a debt; • Levy: a requirement by the federal government which requires part of the employee's wages to be withheld until a debt is satisfied; • Court -ordered child support; and • Court -ordered spousal support. In the event that any of these mandatory deductions from your paycheck will take place, you will receive advanced notification from HR. 59 Authorization forms for other payroll deductions, such as benefit plan premiums and optional salary deferrals, will be provided to you upon your eligibility for each benefit. Please see the HR Benefits Coordinator to make changes to your voluntary payroll deductions or income tax withholdings. We make every effort to ensure our employees are paid correctly, and we prohibit deductions that violate the FLSA. Please review your pay stub each time you are paid to make sure it is accurate. If you believe an error has occurred, please contact HR immediately upon discovering the error. Reports of payroll errors and improper deductions will be promptly investigated. If it is determined that an error or improper deduction has occurred, you will be reimbursed. 4:11 Paycheck Distribution Direct deposit of your paycheck is offered, and encouraged, by the City of Waterloo. If electing direct deposit for your paycheck, on payday you will receive a detailed check stub listing your gross wages, all deductions, and the amount(s) deposited to your bank account(s). Employees who do not elect direct deposit may pick up their paycheck on payday or may elect to have their paycheck mailed. Consistent with Iowa law, the City of Waterloo requires written authorization to mail a paycheck. Please see HR if you would like to have your paycheck mailed. Paycheck Cashing City paychecks cannot be cashed or deposited prior to the date listed on the check. The early cashing or depositing of paychecks causes a number of problems in reconciliation of the City's books. Consequently, any City employee who cashes or deposits his/her paycheck prior to the date listed on the check will no longer be allowed to receive his/her paycheck prior to the actual payday. 4:12 Travel and Meeting Guidelines These guidelines establish the basic policies and procedures for the expenditure of public funds for authorizing attendance, travel and reimbursement of expenses for City employees, elected officials, and appointed members of boards and commissions and other individuals traveling on City business including the attendance at meetings and all training conferences by all employees and officials. Everyone who travels or attends meetings for City business purposes (or supervises someone who does) is responsible for knowing and following these guidelines. These guidelines are organized into seven sections: • General Standards • Planning an Official Trip • Travel/Training Authorizations • Making the Trip • Incurring Non -Travel Expenses • Accounting for Expenses 60 The key documents in the administrative process are the Travel Request (TR) and the Employee Expense Record (EER). Besides ensuring that travel by City employees, elected officials, and Board and Commission members is conducted in accordance with these guidelines, the EER summarizes the total cost of attending conferences, meetings, and seminars and provides documentation for vendor payments and credit card purchases. General instructions for completing and processing this form are also included in these guidelines. These are overall guidelines for the City. Departments may implement more restrictive guidelines but may not adopt any that are more liberal. General Standards These guidelines do not require you to take a bus, stay in a cheap motel or eat only in fast food restaurants. They do require you to use reasonably priced transportation and lodging. For example, a bus or a train may cost less than a plane, but the added time away from work can make these slower options more expensive to the City overall. The meal allowances established in these guidelines allow you to eat in moderately priced restaurants. In all areas, not just economy, you are responsible for exercising good judgment in requesting, arranging and making a trip. It should be thoroughly planned well in advance. Personal business should not be mixed with official business if it will cost the City anything in dollars or lost time, or if it will harm the City's interests in any way. These guidelines are not intended to address every issue, exception or contingency that may arise in the course of City travel or attendance at meetings. Accordingly, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of the City's resources. Planning an Official Trip Who can travel on City business? City employees, elected officials, board and commission members may all have reason to travel on official City business. In certain cases, others may also travel on behalf of the City (for example, trainers traveling to Waterloo to conduct City -sponsored seminars). As long as the individual is included in an approved travel request, they are authorized to travel on behalf of the City. How will you travel? When planning the transportation portion of your trip, consider all aspects of cost to the City— daily expenses, overtime, lost work time —as well as actual transportation costs. In general, common carrier (bus, train, plane) is the preferred mode of transportation. You should use an intercity bus, train or airplane unless there is a valid reason for using private transportation. For example, use of a City vehicle —especially if two or more employees or officials are traveling together —may be less expensive for travel within the State. However, as noted above, the increased time for automobile transportation —and the potential for lost work time, overtime, or increased lodging costs —should be 61 considered in determining the best mode of transportation. If you need local transportation at your destination, use of public transit such as buses, streetcars and subways is appropriate. You will be reimbursed for these expenses. You will be reimbursed for taxis when public transit or other common carriers are not reasonably available. If a car rental is required, you may use a City credit card or request reimbursement when you return, as long as the use of a rental car is pre -approved. • Air Travel: All air travel on City business should be at the lowest available fare (typically referred to as coach or economy class). Every effort should be made to fly out of Waterloo. If not flying from Waterloo, you must document why you are using another airport and include that explanation with your travel request. • Automobile/Mileage: If you will be driving, you should use a City vehicle if one is available. You may use a City credit card to purchase gasoline in accordance with the City credit card policy or request reimbursement when you return. When available, courtesy shuttle services should be utilized between airports and meeting locations. Parking at the airport is reimbursable with the original receipt. If a City vehicle is not available, or there is another reason why you should drive your personal car, you may do so with the approval of your Department Head. You will be reimbursed at the current IRS standard mileage reimbursement rate. Commuting miles from your home to City Hall must be subtracted from the miles traveled. To drive a privately owned vehicle on City business you must: o Possess a valid Iowa driver's license. o Carry liability insurance limits required by the City's Insurance Committee. o Realize that any damage to the car, needed service, or repair occurring on the trip will be your responsibility, as these costs are included in the City's per mile cost reimbursement. In cases where more than one employee is attending the same event, employees will normally be expected to travel together, and mileage reimbursement will be for one vehicle only. If you choose to use a personal vehicle to attend a conference, the mileage reimbursement will be limited to the lesser of (1) the actual mileage to the conference destination or (2) the equivalent of the most economical airfare. • Rental Vehicles: The use of rental vehicles is not permitted unless there is no other transportation available or when alternate transportation would be more expensive or impractical. When rental vehicles are used, the least expensive vehicle practical will be used. Rental cars may not be used for personal use unless reimbursed. If requesting to use a rental car, a supplemental document should be provided with the travel request explaining the need for a rental car. When will you go? By what route? 62 You should schedule your trip so that you leave at the latest reasonable hour and still arrive at your destination on time. You should also return promptly when your business is finished, thereby minimizing the time away from work and ensuring full reimbursement of all related expenses. You should generally take the most direct and commonly traveled routes. Other routes may be authorized when official business requires their use. If you take an indirect route or stop along the way for personal reasons, you will not be reimbursed for related expenses. What about compensation for travel time? When travel time exceeds your normal workweek, the City's rules for overtime apply if you are eligible for overtime. In determining overtime compensation, normal commute time should be deducted from the total travel time. Normal commute time is computed as the regular time it takes to drive the distance from your home to the workplace. Additionally, normal unpaid meal periods are not considered work time when you are traveling. Overtime eligibility applies equally to drivers and passengers, and should be granted whether the travel occurs during normal workdays, weekends or evenings. Where will you stay? The City will pay for a single room (including taxes and parking) for as many nights as necessary. The accommodations you use should be economical but practical. For example, it is preferable to stay at the hotel where a conference is held, even if that hotel may be slightly more expensive than others in the area. Location is also important: a hotel close to where you will be conducting business may be slightly more expensive than outlying hotels, but it may be easier to achieve the City's travel goals by staying at the closer location. In general, you should stay at the most reasonably priced accommodations available consistent with the purpose and goals of your travel. If you have a question about using a particular hotel, obtain concurrence or direction from your Department Head before making a reservation. When making arrangements for travel, you should always request a government rate. The City will not reimburse employees for lodging expenses incurred for additional guests in the same room. Pre -conference lodging will be allowed for travel outside a 90-mile radius of Waterloo and must be identified in the travel request. Starting time is for the actual conference, not registration or optional tours or conference sponsored events. If travel within the 90-mile radius of Waterloo requires early morning and evening attendance on consecutive days (for example, if meetings run until 10 pm and start again at 7 am), individuals can request consideration for lodging (instead of traveling back to Waterloo daily) through their Department Head. Should you make reservations? Whenever possible, you should make reservations. They are often required for large conferences. Upon obtaining the necessary approvals, you can use a City credit card number to confirm reservations. Be sure to cancel any reservations you will not use. If the City is charged for an unused reservation, you will pay that charge unless circumstances requiring cancellation were reasonably beyond your control. 63 When making lodging reservations, be sure to ask about exemptions from the local transient occupancy tax (TOT or hotel/motel tax): some cities exempt travelers on City business, others don't. You may be able to save up to 14% on lodging costs depending on the local TOT rate. Almost all lodging operators will require an official, written claim for exemption. A sample for this purpose is provided in Exhibit A. Will the City pay for all expenses incurred while traveling? • Miscellaneous expenses: No. Items of a personal nature are not reimbursable including items such as movies, entertainment, premium television services, alcoholic beverages, dry-cleaning, spas, gyms, barber, magazines, shoe shines, travel insurance, purchase of clothing or toiletries, fines or traffic violations, excess baggage costs, spouse and/or guest accommodations, repairs to personal vehicles, office equipment and other items of a personal nature. Optional tours, banquets or other activities not related to professional advancement offered through a conference as an additional registration cost are solely at the discretion of the employee and will be considered personal expenses. • Family members or guests: Travel arrangements and payment of costs for family members or guests are not eligible for payment by the City. Travel arrangements and payment of costs for family members or guests should be handled directly by the employee unless incidental to the employee's travel. For example, the additional charge for a double room versus a single room may be charged to the City and reimbursed by the employee within 30 days after the travel. • Phone calls: Generally, personal phone calls will not be reimbursed by the City. However, employees will be permitted one five-minute phone call per day when traveling overnight. City -business related calls made by the employee will be reimbursed. If unauthorized expenses have been paid by the City for any reason, the employee will be responsible for reimbursing the City within 30 days. Do I need to have travel pre -approved? Travel/Training Requests Travel and training requests are required for all out-of-town travel for non -routine business requiring out-of-pocket expenses and for all training conferences. Travel requests are not required for routine business travel within Black Hawk County or for routine business travel outside Black Hawk County IF no out-of-pocket costs are incurred. They are required when attending in -town training sessions sponsored by organizations other than the City of Waterloo if there is a registration fee or other out-of-pocket cost associated with the training. Travel requests must first be approved by the Department Head. They should then be provided to the Finance Department. Requests of $200 or less will be forwarded to the Mayor's office after budget approval by the Finance Department. Departments should submit travel requests exceeding $200 on the Finance Committee agenda using the Novus agenda system. Travel requests and accompanying voucher requests should be submitted as far in advance as possible so that the necessary approvals are obtained prior to the travel date. 64 Department heads approving Travel requests are responsible for determining that the cost is reasonable and justified by the trip's purpose. They should be certain that: The purpose cannot be accomplished by mail or telephone. • The purpose cannot be accomplished by mail or telephone. • The seminar, meeting or conference is necessary to accomplish key City goals and objectives and is unavailable locally if overnight accommodations are required. A copy of the meeting/conference agenda is required to be provided with the travel request. If not attending the conference at the closest location, an explanation of the reasoning for attending at the requested location should be included. • The minimum number of City staff members are going. If more than one staff member is attending, an explanation of the purpose for multiple attendees should be provided. • The itinerary ensures accomplishment of the purpose at the lowest reasonable cost. • If a rental car is requested, include an explanation of the reason a rental car is needed. • If not attending a meeting/conference at the closest location, attach an explanation of the reason for selecting the requested location. • The traveler understands and follows these guidelines. • There is enough money in the appropriate travel budget to cover the costs. Ultimately, the responsibility for following these guidelines and exercising good judgment in the use and stewardship of the City's resources rest with each City employee traveling on City business. What if the travel is an emergency? In the rare event that you need to travel on City business on an emergency basis and you cannot complete the necessary travel forms prior to leaving, you should have someone in your department contact the Finance Department to make them aware of the emergency travel. The necessary forms should be completed immediately upon your return. Requests for Payments to Vendors The City will pay all legitimate expenses of your trip. These include transportation, lodging, registration fees, meals and any other related expenses if they are for official business and fit within these guidelines. Travel expense reimbursements are submitted by Department Heads to the Finance Department for approval. Travel expense reimbursements for the Mayor and City Council members exceeding $200 must be approved by a member of the Finance Committee in addition to Finance Department approval. The City's standard voucher system may be used to request vendor payments or employee expense reimbursements. City credit cards may also be used if pre -approval is obtained. The Employee Expense Report should be used when you return to account for your actual travel expenses. A copy of the approved Travel/Training Request form should be attached to any request for payment of expenses related to the travel. There are three ways to pay for travel expenses: direct vendor payments, reimbursements and by City -issued credit cards. The methods that should generally be 65 used are direct vendor payments and reimbursements to employees. Direct vendor payments are made by the City to an organization to pay for specific costs related to a trip —usually registration fees, lodging and airfare. Reimbursements will be made to employees upon their return from the trip with the submittal of properly documented expenses. Credit cards may be checked out and used pursuant to the City credit card policy. Cash advances are lump sum payments made to you before you leave to cover expenses as they arise on the trip and will not be issued as a standard method of financing travel. They will be permitted ONLY if there are extenuating circumstances. In the extremely rare event that a cash advance is permitted, the Department Head must review the amount to be sure it is reasonable prior to obtaining authorization from the Finance Department. When you return, you must account for all expenses you incurred, and return the unused portion of the advance. You will be reimbursed the difference if the actual, authorized expenses you incurred exceed the amount advanced. You will be required to reimburse the City for any cash advances taken that exceed actual authorized expenses within ten days of your return. To obtain either direct vendor payments or reimbursements/cash advances, you must complete the appropriate sections of the Travel Request and attach payment vouchers for all payments. The Travel/Training Request Form is available in in Shared Goodies and is a fillable Adobe (pdf) form. Please make every effort to use the fillable form. Making the Trip There are two key "golden rules" to remember about making an official trip: • Keep it official. • Keep records for all expenses. Keeping It Official If you take time away from official business for personal matters, or if you delay your return after completing your business, you will not be reimbursed for expenses incurred during that time. When combining business and personal travel in this manner, Department Head approval is required. If this extended period occurs during your regular scheduled work hours, the time will be counted as vacation, comp time (if available) or leave without pay. If you become sick and must delay your return, you will be reimbursed for your additional living expenses (except those directly related to your illness, such as physician or hospital costs) until you are able to return home. You should notify your supervisor as soon as possible if you become ill. The time will be counted as sick leave if it occurs during your normally scheduled work hours, and the City's normal sick leave rules will apply. Keeping Records for All Expenses As discussed below under "Accounting for Expenses," you must maintain a detailed record of all expenses incurred during your travel: meals, transportation, lodging, baggage handling, parking fees, registration fees, telephone and any other reasonable and necessary expenses. Original receipts must be submitted for all expenses other than 66 tips. Detailed receipts, not just stubs or credit card charge slips, must be submitted for meal reimbursements. Meals Meal expenses will be reimbursed with original detailed receipts up to the following amounts: When traveling to large cities (as defined in federal CONUS/ OCONUS regulations): Total: $70.00 When traveling to cities other than those defined as large cities: Total: $45.00 Receipts are not required for tips. However, City -paid tips are capped at 15% (unless for a group where the restaurant uses a stated gratuity). The City does not pay for breakfast on the date that the employee departs for travel. For the day that the employee returns home, the evening meal is typically not reimbursed unless the employee will not arrive home until after 8:00 P.M. Because of reimbursement limitations by other agencies or other budget constraints, Department Heads may authorize lower meal allowances. General If meals are provided without charge at a meeting or while in transit (meals served on a plane, for example), appropriate deductions must be made from the meal allowance limit. What if I have medically required dietary restrictions and cannot eat the meals provided at a conference? The City's standard policy is not to pay for meals eaten in place of meals that are provided during conferences, seminars and similar meetings, since the cost of those meals is included in the registration fee. However, if an employee has medically required dietary restrictions, upon presentation of a written statement from the employee's doctor, specifying that there are dietary restrictions that prevent the employee from eating the menu items provided by the conference sponsor, the City will reimburse the employee for menu items approved by the employee's doctor for meals. All other travel policy restrictions continue to apply. What if the travel or training lasts longer than a period of five days? On occasions when employees are attending training or traveling on City business for more than a five-day period, accommodations with cooking facilities should be used whenever possible. In that event, meal reimbursements will be paid using a flat fee of $25 per day. In cases where an employee's travel is longer than a five-day period and includes days that are not either work or class days, the City reimbursement shall follow these 67 guidelines. If it's more economical to pay any additional lodging costs and additional meal costs than to pay travel expenses to return home for those days (typically the weekend), the City will pay the additional costs if the employee chooses to remain at the travel site. If it's more economical to return home for those days, the City will not reimburse the employee for the additional lodging and meals for the non work/class days. Incurring Non -Travel Expenses The City will pay expenses incurred for such meetings and hospitality as may, from time to time, be determined by the Council to be appropriate. Costs for such special occasions will be determined by specific Council action authorizing such events. The City will also pay expenses you incur attending meetings or conferences held locally which do not include travel expenditures. In addition, the City will reimburse you for costs incurred while at a meeting or other function when such costs are directly linked to the program or subject matter of the meeting. Examples of costs that may be borne by the City include printed materials, tapes or other training material that may be available for sale at the meeting. Business Meals Business and working meals are generally not reimbursable expenses. Actual detailed receipts must be provided for such meals. Reimbursement will not be made for alcoholic beverages. An expense report listing the names and titles of all persons attending the business dinner together with the business reason for the event must be completed and filed with Finance in order to receive reimbursement. Travel request forms should be completed to obtain approval for all such meals and food items. Alcoholic Beverages City funds should not be used to purchase alcohol or reimburse employees for alcohol related costs. The Council may approve exceptions to this policy on a case -by -case basis for special receptions or other unique circumstances. This discretion applies primarily to non -travel related expenditures such as special receptions, and not to routine travel or meetings by City employees. Spouses and Guests Spouses and guests are welcome to accompany you on City travel and at conferences, seminars and meetings. However, any additional costs associated with the participation of your spouse or other guests are your responsibility. Guests as Passengers in City Vehicles Due to liability concerns, non -City employees should not ride as passengers in City vehicles when it is not directly related to City business. However, Department Heads may approve exceptions on a case -by -case basis, subject to review by the Insurance Coordinator. Accounting for Expenses 68 When you return from your trip or official function, a final accounting of all expenses generally must be approved by your Department Head and submitted to Finance within thirty working days. An expense report is required in all cases —whether the advance and actual expenses are equal, you are eligible for additional reimbursement or you owe money to the City. The final accounting is made by completing the Employee Expense Report. After completing the expense report, you should attach required receipts, a copy of the approved Travel Request and conference documentation (if travel was to attend a conference), sign the report attesting to its accuracy and submit it to your Department Head for review and approval. If you owe the City for the unused balance of a cash advance, you should pay the amount due to the cashier at your location and attach the cash register receipt to your expense report. Department Heads approving expense reports are responsible for ensuring that: • All expenses are reasonable, necessary and consistent with these guidelines. • Any required receipts are attached. • The final disposition is correct (balance due employee; balance due City). • Any amounts due to the City are reimbursed. • Final accounting of all expenses is submitted to Finance. Upon approval by your Department Head, the expense report should be processed as follows depending upon the circumstances: • If the City owes you: o The expense report should be forwarded to Finance along with a voucher request for payment to you, a copy of the approved travel request and, in the event that a conference was attended, a copy of conference documentation; the reimbursement will be processed on the next check register. • If you owe the City: o The expense report should be forwarded to Finance with the cash register receipt attached evidencing payment of the amount due. 69 Section 5: Health and Safety 5:1 Drug -Free Workplace It is the policy of the City of Waterloo to comply with the Drug Free Workplace Act of 1988 to ensure a drug -free workplace. Employees are a valuable resource. The City recognizes that use of illegal drugs, controlled substances, or alcohol in the work place is detrimental to City employees. Employees have a right to work in a drug free environment and to work with persons free from the effects of drug and alcohol. Additionally, drug and/or alcohol abuse in the workplace interferes with and reduces the operational efficiency of City government and undermines the public's trust in its functions. Therefore, all employees are expected to comply with the following guidelines. Procedural Guidelines 1. Employees are required to report to work on time and in appropriate mental and physical condition for work. 2. The City participates in the Substance Abuse Free Environment (SAFE) Program. The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance on the City's premises or while in a City vehicle, or while conducting the City's business is prohibited. Violations of this policy will result in disciplinary action, up to, and including, termination of employment. Depending upon the circumstance, other action, including notification of the appropriate law enforcement agencies, may be taken against any violator of this policy. 3. The City recognizes drug and alcohol dependency as an illness as well as a potential health, safety, and security problem. Employees needing help in dealing with such problems are encouraged to use the Employee Assistance Program (EAP). 4. Employees are required to report any conviction under a criminal drug statute for violations occurring on the employer's premises or off the employer's premises while conducting City business. A report of conviction must be made to the employee's supervisor within five (5) days after the conviction. Compliance with the terms and reporting requirements of this policy is required as a condition of employment for all employees. Please see our full "Drug and Alcohol Testing — Commercial Driver's License" and "Alcohol and Drug Abuse" policies for further details. 5:2 Smoke -Free Workplace In accordance with the Iowa Smokefree Air Act, it is the policy of the City of Waterloo to prohibit smoking in all City -owned buildings and City -owned vehicles in order to provide and maintain a safe and healthy work environment for all employees. Employees who are legally authorized to smoke and use e-cigarettes may do so in designated areas only. The smoke -free workplace policy applies to: 70 • All employees, citizens, visitors, vendors, contractors, consultants, and other third party visitors to the City premises. • All areas of City -owned buildings. • All City -sponsored, off -site conferences and meetings. • All vehicles owned, rented, or leased by the City. Employees who violate the smoke -free workplace policy will be subject to disciplinary action, up to and including termination of employment. 5:3 Safety The Occupational Safety and Health Administration (OSHA) defines health and safety standards for working conditions, provides for inspections, and requires that companies and employees follow special internal reporting procedures and maintain detailed records of employee occupational injuries and illnesses. In compliance with OSHA, it is required that every employee assume the responsibility for individual and City safety. It is the responsibility of each employee to conduct all tasks in a safe and efficient manner, complying with all federal, state, and local safety and health regulations; program standards; and with any special safety concerns in a particular area or with a customer. In the event of a workplace accident, injury, or illness, each employee involved is required to participate in the completion of the "Iowa Workers' Compensation — First Report of Injury or Illness" form, any subsequent investigation into the incident, and any necessary follow-up actions. Each facility shall have posted an emergency plan detailing procedures in handling emergencies such as fire, weather -related events, medical crises. In addition, each facility shall have medical supplies such as first -aid kits. Each employee has the responsibility to familiarize himself/herself with the emergency plans for his/her working area. Depending on the nature of your job and the location, you may be required to wear certain personal protective equipment (PPE) such as safety glasses, hearing protection, safety shoes, gloves, or other items throughout your shift or while performing certain tasks. Non - bargaining employees, who are serving in job classification requiring PPE shall have the necessary equipment provided for by the City in accordance with policies and procedures established by HR. Any relevant Safety Data Sheets (SDS) will be available in each location. Failure to follow City safety and health guidelines; engaging in conduct that places an employee, another individual, or City property at risk; or failure to report work -related hazards, accidents, injuries, and illnesses can lead to employee disciplinary action, up to and including termination of employment. Please review our Safety Manual for further details. 5:4 Payment of Prescription Safety Glasses 71 The City of Waterloo will pay the basic cost of a pair of prescription safety glasses for those employees whose job duties require the use of safety glasses. The policy is as follows: • An employee may order prescription safety glasses a maximum of once per year. The "year" time period starts to run from the month the employee ordered the last pair of safety glasses. • The employee must obtain a prescription form from HR before going to his or eye doctor for examination, and the employee must use the licensed optometrist or ophthalmologist designated by the City of Waterloo. There is a payment required from the employee for the cost of the examination and/or fitting costs. • If payroll deductions are anticipated, the employee will authorize the deduction by signing the prescription form. If the employee is replacing a pair of safety glasses, HR will verify the previous date for purchase of safety glasses. • An employee may order any eyeglass extras (i.e. transitions, varilux, adapter, hidden bifocal, more expensive frames, tinting, photo chromatic, special coatings, identification plate, etc.). The prescription form will indicate what portion of the cost is to be charged to the employee. This amount will be deducted from the employee's paycheck after the prescription billing is received, usually about one month. • Safety glass parts damaged due to a work -related incident will be replaced at City cost. Again, only the basic cost will be covered (no extras). If the glasses are damaged beyond repair, they will be replaced with a new pair of glasses and the "year" time period will start to run from the date of order of the replacement pair. Assessment of damages and need for replacement parts or total replacement is at the discretion of the provider. Authorization through HR is required for replacing damaged glasses. Please contact HR with any questions. 5:5 Police and Fire Uniformed Employees Police and Fire administrative employees who are required to wear a uniform on a daily basis shall be furnished, at City expense, all clothing (except shoes) and equipment reasonably required in the performance of their duty. The City may provide a cleaning contract for Police and Fire administrative employees who are required to be in uniform on a daily basis. Waterloo Fire Rescue Battalion Chiefs shall be furnished, at City expense, all clothing and equipment reasonably required in the performance of their duty. The contract is based on the Collective Bargaining Agreement, and on specifications established by the City in conjunction with the Police and Fire Chiefs and shall, at the option of the City, be re -bid on an annual basis. 5:6 Medical Examinations for Current Employees The City may require employees to undergo medical examinations when the Mayor or a Department Head determines that the examination is job -related and consistent with business necessity. For example, a medical examination may be required when an employee is exposed to toxic or unhealthful conditions, requests an accommodation for 72 a particular disability, or has a questionable ability to perform essential job functions due to a medical condition. Required medical examinations will be paid for by the City and will be performed by a physician or licensed medical facility designated by the City. 5:7 Waterloo Fire Rescue Bi-Annual Cardio/Pulmonary Examination for Non -Bargaining Employees Because of the repeated exposure of fire fighters to heat, smoke and toxic fumes, the City agrees to provide, at its expense, a cardiac/respiratory medical examination at least once every two (2) years to eligible employees. Eligible employees are non -bargaining fire fighters over the age of fifty (50). For certain bargaining employees, cardio/pulmonary examinations may be administered differently. Please review your collective bargaining agreement or direct questions to your union representative for more information. For eligible employees, the City agrees to provide, at its expense, a cardiac/respiratory medical examination once each year, and a stress test, if determined to be medically necessary. The examination shall be arranged by the City at the medical office or hospital selected by the City and scheduled according to seniority during off duty hours. A copy of the written report of the examination will be placed on file with the employee's medical file. The department's Labor/Management Committee shall review the Bi-Annual Cardio/Pulmonary examination and a new schedule may be established as mutually agreed. 5:8 Reporting and Treatment of Work -Related Injuries The following procedures must be followed when an employee is injured on the job. All employees, including part time and seasonal, must follow this policy: 1. Report injury immediately to a supervisor or designee whether medical treatment is needed or not. Failure to report immediately could result in denial of the claim. 2. If medical treatment is necessary, report to UnityPoint Allen Occupational Health, 7024 Nordic Drive, Cedar Falls. Office hours are 7:00 a.m. to 5:00 p.m. Monday through Friday. If treatment is required from 5-8 p.m. or on Saturday -Sunday from 8 a.m.-8 p.m., you must go to UnityPoint Clinic Urgent Care, 1655 E San Marnan Dr, Suite H, Waterloo. You will need to sign a release of information at the Clinic. Before or after the hours listed and if your injury needs immediate treatment, you must report to the UnityPoint Allen Emergency Room 1825 Logan Ave, Waterloo. In a life threatening or emergency situation, you can be treated at the closest medical facility. If immediate treatment is not a necessity, you can and should wait until Allen Occupational Health or the Urgent Care Clinic is open. 3. Will be told both verbally and in writing after treatment whether he/she can return to work. A copy of written report must be given to the Supervisor or HR. The injury claim cannot be processed without the report. The written report will same one of three things: 73 A. Return to Full Duty - must return to work immediately unless shift is finished. Failure to report promptly will be considered an unexcused absence and disciplinary action will result. B. Restricted Duty - must report immediately to supervisor or designee for further instructions. Failure to report promptly will be considered an unexcused absence and disciplinary action will result. An attempt will be made to find work either within the employee's own department or another department within physical restrictions. If restricted duty work is found, employee has three choices: 1. Work job as assigned, receiving regular rate of pay. 2. Go home and use personal sick time or other available benefits. 3. Go home without pay. If released to return to work with restrictions and the shift has ended, must report to the supervisor the next workday at regular shift time for day shift. If the employee's shift is other than day shift must call prior to the beginning of the day shift to find out what the supervisor wants to do. In most cases, a restricted duty job assignment will be made. In some cases, the restricted duty assignment may be a different shift or different workdays. C. Off Work - if able, must report to supervisor or designee immediately with the written report from the doctor. If unable to report, must call either the Supervisor or HR. Also, a message can be left anytime, day or night on HR's voice mail. 4. Restrictions placed upon an employee due to a work -related injury are 24-hour restrictions and must be observed both on and off the job. An intervening injury that happens off the job because the employee was not observing the restrictions will negate the work injury claim. 5. No overtime or on call work allowed while on restricted duty status. No exceptions! 6. After a recheck appointment, must report to supervisor or designee with the written report. Recheck appointments or therapy appointments as scheduled by Occupational Health or the therapist must be kept. Not allowed to reschedule an appointment without prior authority from either the Supervisor or HR. Failure to keep appointments without a legitimate reason may result in denial of future coverage for the injury. Doctor visits, work hardening, or therapy sessions scheduled outside of regular work hours will not be paid time. 7. Prescriptions for medication must be filled at Allen Hospital Pharmacy, 1825 Logan, Waterloo (use entrance #2 or #3 on Dale Street) or Prairie Parkway Pharmacy at 5100 Prairie Parkway, Cedar Falls. Except in special circumstances authorized by the HR Manager, physical therapy, x-rays, lab work or other specialized tests or treatment will generally be scheduled at UnityPoint or its affiliates although we are now also using Athletico for physical therapy. 74 8. Occasionally, a referral will be made to a specialist. UnityPoint Allen Occupational Health will choose the specialist with approval from HR. If an employee elects to seek medical treatment for a work -related injury from any health care provider except UnityPoint Allen Occupational Health, UnityPoint Allen Emergency Room, or an authorized referral, the cost for the medical treatment will be the employee's sole responsibility. Health insurance will not cover these costs. The City of Waterloo's City policy is to accommodate restrictions due to a work -related injury, when applicable. Once an injury has been determined to be work -related, the City of Waterloo will review any restrictions provided by the treating physician. If the employee is temporarily, partially disabled, the City of Waterloo will provide a written offer of suitable work consistent with the employee's disability in accordance with Iowa law. The offer will include the following: • Description of transitional work hours, duties, and pay rate. • Details of lodging, meals and transportation, if applicable. • Notification that the employee has the option to accept or refuse the offer of temporary work. • Notification that if the employee refuses the offer of temporary work, the employee must communicate that refusal in writing and include the reason for refusal. • Notification that should the employee refuse the offer of temporary work, during the period of refusal the employee will not be compensated with workers' compensation benefits unless the work refused is not suitable. The City of Waterloo's City policy regarding non -work -related injuries and illnesses is to not accommodate any restrictions, except those required by law. 5:9 Restricted Duty The following is intended to define and clarify the City of Waterloo policy on restricted duty work for employees with a work -related injury or illness. The ultimate goal and objective of restricted duty work is the rehabilitation and recovery of the employee so he/she can return to the permanent job classification occupied prior to the work -related injury/illness. Definition of Restricted Duty Restricted duty is defined as the temporary assignment of an employee to a position or duties other than the ones the employee would normally have performed in his/her permanently assigned job classification. The restrictions are defined by the treating physician to allow the employee to continue working while recovering from a work -related injury or illness. Utilization of Restricted Duty Assignments The City will attempt to create a restricted duty assignment for employees returning to work after suffering a work -related injury/illness under the following circumstances: 75 • The treating physician designated by the City or its insurance carrier releases the employee to return to work with physical restrictions which would prevent the employee from performing his/her regular job duties; and • The City has available tasks or duties the employee is physically able to perform within the restrictions set by the treating physician. These duties may be within the employee's regular department or in another City department. Restrictions placed upon an employee due to a work -related injury are 24-hour restrictions and shall be followed off the job as well. An intervening incident that happens off the job because the employee was not complying with the restrictions placed upon him/her by the doctor can negate the work injury claim. An employee shall not be allowed to work overtime while on restricted duty status. Review of Restricted Duty Assignments Restricted duty assignments shall be reviewed by HR periodically to ensure the recovery of the employee is proceeding satisfactorily. If, at any time, the employee feels the restricted duty assignment is aggravating the injury the employee must immediately notify the supervisor in the department to which he/she has been assigned. Alternate duties will be assigned, or the employee will be sent back to the treating physician for evaluation. Employee Responsibility The restricted duty work assignment is designed as a temporary tool to allow the employee to continue to work while recovering from a work -related injury/illness. Consequently, restricted duty status does not relieve the employee from complying with City and departmental policies, rules and regulations. An employee on restricted duty is expected to keep all doctor and therapy appointments and will be required to undergo periodic physical examinations by the designated treating physician to determine fitness for regular duty. The supervisor in the department to which the employee is temporarily assigned and HR must be notified immediately of any change in the employee's condition. If, at any time, the employee cannot report to work, for whatever reason, the employee must notify the supervisor by the designated time. Employee Rights An employee who is released by the treating physician for a restricted duty assignment shall have the following options: • Accept the assignment with no loss of base hourly rate of pay or benefits; however, shift and work days shall be up to the discretion of the supervisor for whom the employee will be working. The employee shall have the right to file a grievance, under the appropriate grievance procedure, over the content of the tasks or duties assigned if the employee believes the assigned tasks or duties are inconsistent with the physical restrictions placed on the employee by the designated treating physician; • Choose to go home and use personal sick time or other accrued benefits to be paid; or • Choose to go home and not receive pay. 76 Per Iowa Code Chapter 85, employees who refuse temporary suitable work may have his or her Workers' Compensation benefits suspended. Duration of Restricted Duty Assignments An employee shall remain in a restricted duty status until one of the following occurs: • The employee receives a release from the designated treating physician to return to the position previously occupied before the injury or illness occurred; Or • It is medically indicated the employee has reached maximum improvement with no anticipation of future additional improvement. An employee on restricted duty who is determined to have reached maximum medical improvement and whose physical restrictions do not allow the return to the normal position or classification shall be eligible for one of the following: • Elect to fill a vacant non -Civil Service position for which the employee is qualified; • Test for vacant Civil Service positions for which the employee qualifies; • Request recall status on the appropriate Civil Service preferred list or non -Civil Service layoff list. Placement on either list will be done in accordance with the City of Waterloo Civil Service Rules and Regulations and the appropriate collective bargaining agreement and will result in the freezing of sick leave payout; or • Request termination or pension (Police Officers and Fire Fighters) status. Employees in this category are eligible to receive appropriate sick leave and vacation pay outs. Any employee who has been placed on restricted duty status due to a work -related injury will not be allowed to work more than their normally scheduled number of daily or weekly work hours. This will generally be 8 hours per day (10 hours/day for a few employees) or 40 hours for a specified work week. For example, if an employee is on restricted duty with a Monday through Friday work week and works every day that week, he/she would not be allowed to work longer than 8 hours any day and could not work Saturday. If that employee worked Monday through Thursday with a Friday holiday, he/she would be allowed to work Saturday for up to 8 hours if the work was within the restrictions given by the doctor. Regularly scheduled work days take precedent over holiday or non-scheduled work days. For example, an employee's regularly scheduled work week is Tuesday through Friday, ten hours each day. The employee is placed on restricted duty for the entire week. Monday or Saturday work is available within the employee's work restrictions but neither of those days is a normally scheduled work day. The employee would be required to work Tuesday through Friday, not Monday through Thursday or Wednesday through Saturday. The City of Waterloo reserves the right to change a non-traditional work schedule of an employee who is placed on temporary restrictions that will extend over more than one week to a Monday through Friday schedule to better accommodate work restrictions (for example, a Water Pollution Control or Sanitation Department employee). Alternately, if there is work available within an employee's restrictions that can be safely performed during the employee's regular work days/shift, the City of Waterloo reserves the right to keep the employee on his/her regular work schedule. 77 An employee who is placed on permanent restrictions will engage in the interactive process with HR to determine whether any reasonable accommodations are available consistent with the Americans With Disabilities Act. Reasonable accommodations may include the employee working other than the normally scheduled work day or work week. 5:10 Police and Fire — Alternate Duty The ultimate goal and objective of alternative productive duty work is the rehabilitation and recovery of the employee so he/she can return to the permanent job classification occupied prior to the injury/illness. Definition of Alternative Productive Duty Alternative productive duty is defined as the temporary assignment of an employee to a position or duties other than the ones the employee would normally have performed in his/her permanently assigned job classification. The restrictions are defined by the treating physician to allow the employee to continue working while recovering from an injury or illness. Utilization of Alternative Productive Duty Assignments Employees with work related injuries would have priority for working these assignments. The City will attempt to create an alternative productive duty assignment for employees returning to work after suffering an injury/illness under the following circumstances: 1. If work related, the treating physician designated by the City or its insurance carrier releases the employee to return to work with physical restrictions that would prevent the employee from performing his/her regular job duties. 2. If not work related, the employee's treating physician releases the employee to return to work with physical restrictions that would prevent the employee from performing his/her regular job duties. 3. The City has available tasks or duties the employee is physically able to perform within the restrictions set by the treating physician. These duties will be within the employee's regular department. 4. No more than two (2) firefighters and no more than two (2) police officers would be allowed to work in these alternative productive duty positions at one time if a non -work related injury or illness. This can be waived on a case -by -case basis and at the discretion of the Director of Safety Services. 5. For non -work related injuries or illnesses, a specific assignment is not for any guaranteed length of time. In no case will it extend longer than 90 calendar days. Restrictions placed upon an employee due to an injury are 24-hour restrictions and shall be observed off the job as well. An intervening incident that happens off the job because the employee was not observing the restrictions placed upon him/her by the doctor can negate a work injury claim. An employee shall not be allowed to work overtime while on alternative productive duty status. Review of Alternative Productive Duty Assignments Alternative productive duty assignments shall be reviewed by the HR Department periodically to ensure the recovery of the employee is proceeding satisfactorily. If, at any time, the employee feels the alternative productive duty assignment is aggravating the 78 injury the employee must immediately notify a department manager (Fire- Captain, Battalion Chief, Chief of Fire Services, or Director of Safety Services. Police- Lieutenant, Captain, or Director of Safety Services). Alternate duties will be assigned, or the employee will be sent back to the treating physician for evaluation. Employee Responsibility The alternative productive duty work assignment is designed as a temporary tool to allow the employee to continue to work while recovering from an injury/illness. Consequently, alternative productive duty status does not relieve the employee from complying with City and departmental policies, rules, and regulations. An employee on alternative productive duty is expected to keep all doctor and therapy appointments and will be required to undergo periodic physical examinations by the designated treating physician to determine fitness for regular duty. A department manager and HR must be notified immediately of any change in the employee's condition. If, at any time, the employee cannot report to work, for whatever reason, the employee must notify the appropriate manager or supervisor by the designated time. Employee Rights An employee who is released by the treating physician for an alternative productive duty assignment shall have the following options: 1. Accept the assignment with no loss of base hourly rate of pay or benefits; however, shift and workdays shall be up to the discretion of the department managers. 2. Choose to go home and use personal sick time or other accrued benefits to be paid. 3. Choose to go home and not receive pay. Duration of Alternative Productive Duty Assignments for Work Related Injuries and Illnesses If a work related injury or illness, an employee shall remain on alternative productive duty status until one of the following occurs: 1. The employee receives a release from the designated treating physician to return to the position previously occupied before the injury or illness occurred. 2. It is medically indicated the employee has reached maximum improvement with no anticipation of future additional improvement. An employee on alternative productive duty who is determined to have reached maximum medical improvement and whose physical restrictions do not allow the return to the normal position or classification shall be eligible for one of the following: 1. Elect to fill a vacant non -Civil Service position for which the employee is qualified. 2. Test for vacant Civil Service positions for which the employee qualifies. 3. Request recall status on the appropriate Civil Service preferred list or non -Civil Service layoff list. Placement on either list will be done in accordance with the City of Waterloo Civil Service Rules and Regulations and the appropriate collective bargaining agreement and will result in the freezing of sick leave payout. 4. Request termination or pension status. Employees in this category are eligible to receive appropriate sick leave and vacation payouts. 79 Scheduling Any employee who has been placed on alternative productive work duty status due to an injury or illness will not be allowed to work more than their normally scheduled number of daily or weekly work hours. This will generally be 8 hours per day or 40 hours for a specified workweek. The City of Waterloo reserves the right to change a nontraditional work schedule of an employee who is placed on temporary restrictions that will extend over more than one week to a Monday through Friday schedule to better accommodate work restrictions. Alternately, if there is work available within an employee's restrictions that can be safely performed during the employee's regular work days/shift, the City of Waterloo reserves the right to keep the employee on his/her regular work schedule. An employee who is placed on permanent restrictions that have been accommodated under the Americans Disability Act will be treated on an individual basis if a decision needs to be made whether he/she will be allowed to work other than the normally scheduled work day or work week. Summary of Policy As It Relates to Non -Work Related Injuries and Illnesses 1. The employee must have a release for alternative productive work duty from his/her physician. 2. The release for restricted duty must allow the employee to perform all essential functions of the alternative productive work assignment. 3. Employees with work -related injuries will have priority for working these assignments. 4. The employee will receive his/her regular rate of pay. 5. No more than two (2) firefighters and no more than two (2) police officers on non -work related restrictions would be allowed to work in these restricted duty positions at one time. This can be waived on a case -by -case basis and at the discretion of the Director of Safety Services. 6. Work hours will be as assigned by department managers, but most likely they will be from 8 AM to 5 PM, Monday through Friday. 7. A specific assignment is not for any guaranteed length of time, but in no case will it extend longer than 90 calendar days. 8. This is a voluntary assignment. 5:11 Critical Employees Residency This policy applies to all City of Waterloo employees deemed to be critical municipal employees and to all City of Waterloo Department Heads. The City of Waterloo recognizes the need to have Department Heads and certain critical municipal employees able and available to respond on an emergency call basis. Those employees deemed to be critical municipal employees include: all ranks of sworn police officers; engineering and sanitation staff directly involved in flood control; all Street Department personnel except clerical staff; Forestry personnel; Airport maintenance workers; Garage mechanics; Waste Management staff, including Waste Management Technicians; Treatment Operations Foreman; Sewer Maintenance workers; Collections 80 Systems Foreman; Maintenance Mechanics; Maintenance Foreman; Instrument Control Technicians; Instrument Control Foreman; all Traffic Operations personnel except clerical staff; all Building Maintenance personnel; and all Information Technology personnel for the City of Waterloo, the Waterloo Police Department and the Waterloo Public Library. If called in the event of an emergency, Department Heads and the City's critical municipal employees are expected to promptly report, prepared and ready for work. To ensure that these employees are able to report on a timely basis, it is the City of Waterloo's policy that critical municipal employees who are hired on or after September 1, 2006, must physically reside within the specified radiuses from Waterloo's City Hall as listed below. Ten (10) Mile Radius All Engineering, Airport Maintenance Workers, Building Maintenance personnel, Information Technology personnel, Public Library staff must physically reside within a radius of ten (10) miles from Waterloo's City Hall. Thirty (30) mile Radius All Street Department personnel, Forestry personnel, Garage mechanics, Waste Management staff (including Waste Management technicians), Treatment Operations Foreman, Sewer Maintenance workers, Collections Systems Foreman, Maintenance Mechanics, Maintenance Foreman, Instrument Control Technicians, Instrument Control Foreman, all traffic operations personnel and all information technology personnel for the Waterloo Police Department must physically reside within a radius of thirty (30) miles from Waterloo's City Hall. Consistent with the prior residency policy, effective April 7, 2003, City of Waterloo Department Heads who move their location of residence or who are hired after April 7, 2003, must physically reside within the city limits of Waterloo. Provisions: 1. This residency policy for critical municipal employees is in accordance with Section 400.17 of the Code of Iowa, which permits cities to set reasonable maximum distances outside of the corporate limits of the city within which police officers and other critical municipal employees may live. 2. New critical municipal employees will be provided a reasonable period of time in which to meet the residency requirements of the policy. As the time period may vary depending upon the type of position held, each Department Head with critical municipal employees shall adopt and enforce its own departmental policy specifying the deadline by which a new departmental employee must comply with the City of Waterloo's residency requirement. 3. Maintaining a post office box within the specified radius from City Hall shall not satisfy the requirements of this policy; employees must maintain their physical place of residence within the specified distance. Any critical municipal employee or City Department Head who fails to comply with this Policy shall be subject to immediate termination of employment, except as hereinafter provided in numbered paragraphs 4 and 6. 81 4. City of Waterloo critical municipal employees who physically reside outside of a 10- mile radius of City Hall and are residing at such address as of September 1, 2006, shall not be required to comply with the provisions of this policy unless and until they move their location of physical residence. Any such critical municipal employee who moves his or her location of residence after September 1, 2006, must physically reside within the stated radius from Waterloo's City Hall, consistent with the residency policy effective June 22, 2020. 5. The Police Chief and Department Heads shall be responsible for enforcing this policy with respect to the critical municipal employees within their departments. An area map showing a 10-mile radius and a 30-mile radius from Waterloo's City Hall shall be made available by the Engineering Department to assist in this effort. 6. This policy shall be approved by City Council and become effective on June 22, 2020. This policy shall replace any previous residency policies or Council resolutions and shall remain in effect until replaced by subsequent Council resolution. Any exceptions to this policy regarding the residency of City of Waterloo critical municipal employees and Department Heads must be approved by a majority vote of the Waterloo City Council members. 5:12 Waterloo Fire Rescue — Critical Employees Residency The purpose of this regulation is to describe the residency requirement for all "Critical Municipal Employee's", as it applies to members of Waterloo Fire Rescue. Furthermore, the purpose of this regulation is to define who these critical employees are among the members of the Department, and the requirements as it relates to residency. The City of Waterloo, and Waterloo Fire Rescue, recognizes the need to have certain critical municipal employees able and available to respond on an emergency call basis. Those employees deemed to be critical municipal employees, among the members of Waterloo Fire Rescue, include the following: all ranks of sworn Fire Fighters of Waterloo Fire Rescue. If called in the event of an emergency, these critical municipal employees are expected to promptly report for duty, prepared and ready for work. To ensure that these employees are able to report for duty in a timely basis, it is the policy of the City of Waterloo, and Waterloo Fire Rescue, that all critical employees who move their location of residence, or who are hired after January 27, 2020, must physically reside within a radius of sixty (60) miles, from the city limits of Waterloo. The Fire Chief can provide a map with the defined radius line limitation upon request. All City of Waterloo Department Heads who move their location of residence, or who are hired after April 7, 2003, must physically reside within the city limits of Waterloo. Regulation Provisions 1. This residency policy is in accordance with Section 400.17 of the Code of Iowa, which permits cities to set reasonable maximum distances outside of the corporate limits of the city that police officers, fire fighters, and other critical municipal employees may live. 82 2. New critical municipal employees will be provided a reasonable period of time in which to meet the residency requirements of this regulation. As the time period may vary depending upon the type of position held, each Department Head with critical municipal employees shall adopt and enforce its own department policy specifying the deadline by which a new departmental employee must comply with the City of Waterloo's residency requirement. For newly hired members of Waterloo Fire Rescue, this deadline is one (1) year from date of the end of probationary period. 3. Maintaining a post office box within the 60-mile radius from the city limits of Waterloo shall not satisfy the requirements of this policy. Employees must maintain their physical place of residence within the specified distance. 4. The Fire Chief shall be responsible for enforcing this regulation with respect to the critical mm1 icipal employees within Waterloo Fire Rescue. 5. This policy was approved by City Council and effective on January 27, 2020. This policy shall replace any previous residency policies or Council resolutions and shall remain in effect until replaced by subsequent Council resolution. Any exceptions to this policy regarding the residency requirement must be approved by majority vote of the Waterloo City Council. 6. Any proposed future change to this policy from 60 miles to the city limits of Waterloo to a new proposed distance shall require a council majority vote by Waterloo City Council. 5:13 Violence The City of Waterloo is committed to maintaining a safe work environment and preventing workplace violence. The City of Waterloo will not under any circumstances tolerate threats, violent acts, or intent to commit a violent act that jeopardizes the safety of employees, other individuals, or any physical assets of the City. Fighting, horseplay, or other conduct that may be dangerous to others is prohibited. This includes verbal or physical threats, jokes, or offhand remarks about violence that may cause others to feel unsafe, intimidated, anxious, or threatened in the workplace. Other prohibited conduct includes, but is not limited to, • Physically injuring another person. • Threatening to injure a person or damage property by any means, including verbal, written, direct, indirect, or electronic means. • Taking any action to place a person in reasonable fear of imminent harm or offensive contact. • Possessing, brandishing, or using a firearm on the City of Waterloo's property or while performing City business, except as permitted by state law. • Violating a restraining order, order of protection, injunction against harassment, or other court order. Employees who have knowledge of or observe potential or actual violence are expected to immediately report it to a member of management. This includes threats by employees, as well as threats by citizens and other third parties. All suspicious individuals and activities should also be reported as soon as possible to your Department Head or Supervisor or the HR Director. 83 When reporting a threat of violence, please be as specific and as detailed as possible. The City will investigate any complaint of violence promptly and thoroughly, and the City of Waterloo reserves the right to determine if particular actions are considered threatening, violent, or intimidating. The investigation will be conducted as confidentially as possible in light of the circumstances involved. Our commitment to keeping our employees safe extends to situations of ongoing violence outside of work. Employees should promptly inform the HR Director of any protective or restraining order that they have obtained that lists the workplace as a protected area, or if a restraining order has been granted against them. Any employee found to be responsible for threats of violence, actual violence, or other conduct that is in violation of these guidelines will be subject to prompt disciplinary action, up to and including termination of employment. Victims and witnesses of workplace violence will not be retaliated against in any manner. In addition, you will not be subject to discipline for, based on a reasonable belief, reporting a threat or for cooperating in an investigation. Any employee found to initiate, participate, be involved in retaliation, or obstruct an investigation into conduct prohibited by this policy, will be subject to disciplinary action, up to and including termination of employment. If you believe you have been wrongfully retaliated against, immediately report the matter to the HR Director. 5:14 Weapons Employees are strictly prohibited from possessing or bringing any type of weapon to City workspaces or in City -owned vehicles, whether on or off site. Weapons do not include small pocket knives and any weapons carried by authorized police officers or security personnel. Weapons include firearms, knives, brass knuckles, martial arts equipment, clubs, bats, explosives, and any other dangerous or hazardous devices or substances. This includes visible and concealed weapons, even if licensed to carry the weapon. If circumstances require you to bring an item that might qualify as a weapon into City -owned workspaces, you are responsible for receiving prior authorization from your Department Head or Supervisor to bring that item to work. Anyone who sees a weapon in the workplace is to contact a member of management immediately. If an employee feels there is an immediate danger to someone's safety, including their own, they may contact law enforcement authorities directly. This policy applies to all employees, visitors, and other third parties. The City of Waterloo reserves the right to inspect, with or without notice, for any business reason, all packages or other items that come onto City premises to ensure compliance with this policy. Any employee found with an unauthorized weapon in the workplace, or who otherwise violates the City's weapons policy, will be subject to disciplinary action, up to and including termination of employment. 84 Section 6: Time Off & Leaves of Absence 6:1 Vacation for Non -Bargaining Employees Vacation is earned based on the length of service eligible employees have with the City on January 1st of each year. Eligible employees are non -bargaining employees who are scheduled to work 20 hours or more per week, excluding those who work 29 hours or less per week at the Cedar Valley Sportsplex. For certain bargaining employees and Waterloo Fire Rescue Battalion Chiefs, vacation may be administered differently. For certain bargaining employees, please review your collective bargaining agreement or direct questions to your union representative for more information. For Battalion Chiefs, please see the heading at the end of this policy for further details. On January 1 following the date of hire, an eligible employee shall receive a pro -rated adjustment of hours from the schedule outlined below based on the following formula: The number of days remaining in the calendar year during which the individual was initially employed is divided by 365 days in the year and that product is multiplied by the applicable number of hours from the vacation schedule below to establish the pro -rated accrued vacation to be taken during the calendar year following the date of hire. On the next January 1, the employee shall receive his/her normal vacation in accordance with the vacation schedule outlined below: Department Heads: 4 weeks = 160 hours Assistant Department Heads: 3 weeks = 120 hours Other Administrative Employees: 2 weeks = 80 hours Other Administrative Employees After 6 years of continuous employment with the City, other administrative employees shall receive 3 weeks of vacation per year. Other Administrative Employees and Assistant Department Heads After 13 years of continuous employment with the City, other administrative employees and Assistant Department Heads shall receive 4 weeks of vacation per year. All Non -Bargaining Employees After 20 years of continuous employment with the City, non -bargaining employees shall receive 5 weeks of vacation per year. Sworn Police Department employees covered hereunder shall receive their vacation based on a 6-day week (48 hours). Employees whose vacation benefit increases because of a promotion shall have their vacation calculated as follows: From the date of promotion to the following January 1, 85 there shall be no increase in the employee's earned vacation because vacation is based on the employee's prior year of service. On January 1 following the promotion, the employee shall receive a pro -rated number of vacation days based on the length of time in the higher position. During each successive calendar year thereafter, the employee shall receive vacation based upon the schedule outlined above. Employees are encouraged to use their earned vacation during the appropriate calendar year (January 1 thru December 31). If unable to use all of it, a maximum of two (2) weeks of unused vacation may be carried over to the following calendar year with prior authorization; unused vacation time may not be sold back to the City. Department Heads requesting to carry over vacation must receive prior authorization from the Mayor. All other employees desiring to carry over up to two (2) weeks of vacation must receive prior authorization from their respective Department Heads. Unless expressly approved by the Mayor, a non -bargaining employee shall not be allowed to possess more than his/her normal vacation allowance, plus the two weeks of carry-over vacation. Employees may schedule vacation at a minimum of one-half hour increments subject to applicable departmental policies. Vacation time may be donated in certain circumstances. Please see Section 6:5 "Voluntary Transfer of Benefits" for more information. Vacation is not payment for hours worked and is therefore not included in the calculation of overtime. It is recommended that employees keep a personal account of vacation time taken in the event any discrepancies arise. Upon termination of employment, accrued, unused vacation balances will be paid out on the employee's final paycheck at the employee's base rate of pay at the time of termination. Accrual of Vacation During Layoff or Leave of Absence The following absences during a calendar year shall not be considered as days worked for purposes of calculating vacation eligibility and accrual: layoff, non -work -related disability leave, a work -related injury leave of more than 12 months, or an unpaid leave of absence or disciplinary suspension of 30 or more consecutive calendar days. Employees returning from military leave in accordance with the City's Military Leave Policy shall receive seniority credit for the period of their military leave for purposes of entitlement for vacation accrual. Vacation Time for Waterloo Fire Rescue Battalion Chiefs Battalion Chiefs receive vacation time subject to the terms and conditions stated elsewhere in this policy, with the exception that they earn vacation based on years of service with the City according to the following table: 1-14 years of service = 216 hours of vacation awarded 15+ years of service = 288 hours of vacation awarded 6:2 Casual Time for Non -Bargaining Employees 86 Each eligible employee shall receive a deposit of 32 casual hours each fiscal year on July 1. Eligible employees are non -bargaining employees who are scheduled to work 20 hours or more per week, excluding those who work 29 hours or less per week at the Cedar Valley Sportsplex. For certain bargaining employees, and Waterloo Fire Rescue Battalion Chiefs, casual time may be administered differently. For certain bargaining employees, please review your collective bargaining agreement or direct questions to your union representative for more information. For Battalion Chiefs, please see the heading at the end of this policy for further details. Employees who begin employment after the commencement of the fiscal year shall be eligible for pro -rated casual leave based on the number of full quarters of employment that they will work in the fiscal year. Employees may also receive unused sick hours as deposits to their casual bank each July 1 for use as casual time in the following fiscal year. Upon obtaining prior authorization from his/her Department Head, an employee who has not used all of his/her casual hours shall be paid for the hours not used, up to a maximum of 48 hours, after the end of the fiscal year. Casual time may be donated in certain circumstances. Please see Section 6:5 "Voluntary Transfer of Benefits" for more information. Casual time is not payment for hours worked and is therefore not included in the calculation of overtime. It is recommended that employees keep a personal account of casual time taken in the event any discrepancies arise. Upon termination of employment, accrued, unused casual time balances will be paid out on the employee's final paycheck at the employee's base rate of pay at the time of termination, up to a maximum of 48 hours. Accrual of Casual Days During Layoff or Leave of Absence The following absences during a fiscal year shall not be considered as days worked for purposes of calculating accrual of casual days on a one -day -per -quarter basis: layoff, non -work -related disability leave, or an unpaid leave of absence or disciplinary suspension of 30 consecutive calendar days or more. Casual Time for Waterloo Fire Rescue Battalion Chiefs Battalion Chiefs receive casual time subject to the terms and conditions stated elsewhere in this policy, with the following exception: • Upon termination of employment, accrued, unused casual time balances will be paid out on the Battalion Chief's final paycheck at his/her base rate of pay at the time of termination, up to a maximum of 68 hours. 6:3 Sick Leave for Non -Bargaining Employees Sick Leave Earned Prior to July 1, 1984 87 All unused sick leave accrued by a non -bargaining employee prior to July 1, 1984 has been placed in a frozen sick leave bank. This sick leave bank shall not accumulate but shall remain available for use by the employee after exhaustion of all other sick leave benefits, and shall be payable to the employee as outlined below. Annual Sick Leave Credit, Accumulation and Distribution All eligible employees shall be given credit for 8 hours for each month of the fiscal year of usable sick leave hours. These hours will be placed in a bank to be used by the employee in the case of illness. Sick leave shall be granted to a new employee for the month in which employment begins only if he/she is employed by the 15th of the month. Eligible employees are non -bargaining employees who are scheduled to work more than 20 hours per week, excluding those who work 29 hours or less per week at the Cedar Valley Sportsplex. For certain bargaining employees and Waterloo Fire Rescue Battalion Chiefs, sick leave may be administered differently. For certain bargaining employees, please review your collective bargaining agreement or direct questions to your union representative for more information. For Battalion Chiefs, please see the heading near the end of this policy for further details. At the end of each fiscal year, the unused portion of the employee's usable sick leave bank shall be totaled and segregated. Of the segregated total, 25% shall be placed in the employee's casual bank and 75% shall be placed in a sick leave storage bank. Hours placed in the sick storage bank are not eligible for payout under "Frozen Sick Leave Payout" below. A non -bargaining employee who retires during the fiscal year shall not be required to reimburse the City for unearned current year sick leave pay that was paid to the employee as a result of an extended illness or injury disabling the employee during the final fiscal year of employment. Exclusion of Duty -Connected Injuries Any absence resulting from a work -related or duty -connected injury shall not be charged to a non -bargaining employee's sick leave accumulation for that year, or to his/her accumulated reserve of sick leave, unless so authorized by the employee to make up the difference between worker's compensation benefits and the employee's normal gross pay. Worker's compensation benefits paid by the insurance carrier shall be a non - bargaining employee's total entitlement to compensation from the City for a work - connected injury except as outlined above concerning the usage of sick leave and as provided below for police and fire sworn administrative employees. An employee may return to work when the physician states he/she is able to return to either restricted duty that can be accommodated or full duty. Prior to returning to full duty, the employee shall obtain a written statement from a physician indicating that the employee is released and is capable of performing all of the essential functions of his/her position. Police and Fire sworn administrative employees who are absent due to a duty -connected injury shall be paid compensation directly by the City as though such absence had not occurred. Police and Fire sworn administrative employees who are pensioned because 88 of disability shall receive pension benefits in accordance with Chapter 411 of the Iowa Code. Illness While on Duty An employee who becomes ill while on duty and is unable to continue his/her tour of duty for the day shall be credited for the number of hours actually worked. In order for an employee to be compensated for any hours not worked, the employee shall be required to deduct those hours from his/her accumulated sick leave. Use of Other Available Benefits for Illness or Injury During any absence for an illness or injury that is not duty connected, non -bargaining employees may elect to use their earned paid leave benefits such as vacation, casual days, or compensatory time, after exhausting all accumulated sick leave benefits (usable sick leave, stored sick leave, and frozen sick leave, if any). All employee benefits except for seniority shall be frozen and/or suspended after an employee has been on unpaid leave for 30 days. Frozen Sick Leave Payout Upon retirement or voluntary termination of employment, an employee may elect, at his/her option, in lieu of the total lump -sum payout provided for in subparagraphs (a) and (b) below, to take one-half of the 60% of the employee's accumulated sick leave hours in his/her frozen sick leave bank to extend his/her actual termination date. During this period, the employee shall continue to receive his/her appropriate payroll checks as though employment was continued to the extended termination date. However, the accrual or earning of all benefits, except health insurance, seniority, holiday and longevity payments, shall terminate as of the employee's actual physical departure date. The remaining balance of frozen sick leave shall be paid to the employee in a lump sum as a part of his/her final payment upon termination. Regardless of the option selected, the payout of frozen sick leave to the employee may not, under any circumstances, exceed more than 60% of the total hours in his/her frozen sick leave bank. In lieu of the above option, the employee may elect payout of his/her frozen sick leave hours in one of the following ways: a. Lump Sum Payout Upon termination of employment, any employee with a frozen sick leave bank and a minimum of 15 years of service may receive, in cash remuneration, a sum equal to 60% of his/her frozen sick leave accumulation adjusted as provided for herein. b. Annuitization of Frozen Sick Leave Hours In lieu of the lump -sum payout of frozen sick leave provided above, an individual with a minimum of 800 hours of frozen sick leave may, upon retirement or voluntary termination of employment, select one of the two options outlined below. The employee must select one of these two options at least 30 calendar days prior to the employee's date of retirement or voluntary termination and such decision shall be irrevocable. The payment of frozen sick leave shall be based on the employee's rate of pay at the time of retirement or termination, regardless of the option chosen. 89 Option #1 An employee may receive an initial lump -sum payout of 25% of the appropriate number of frozen sick leave hours and choose to annuitize the remainder in equal payments over a period of 5 years; or Option #2 An employee may choose to annuitize, over a period of 5 years, the entire amount of frozen sick leave hours that are available for payout to the employee. An employee electing a lump -sum payout, or the 25% lump -sum payout as outlined in Option #1, may either receive the lump -sum payout upon leaving employment or defer payment of the lump- sum payout until the 2nd pay period in January of the calendar year following the employee's date of retirement or termination. The election of when to receive the lump -sum payout must be made by the employee at least 30 calendar days prior to the employee's last day of employment and such decision shall be irrevocable. All lump -sum payouts, regardless of when paid, shall be interest -free. An employee selecting either option #1 or option #2 above shall receive the same percentage of total sick leave hours paid out as if the employee had selected a lump -sum payout. An employee electing to annuitize his/her frozen sick leave payout under either option #1 or #2 above must, prior to the actual date of retirement or termination, select either a monthly, quarterly or annual payment schedule. The initial payment, depending upon the payment schedule selected, shall be made as follows: either (1) at the end of the first full month following retirement or termination and each month thereafter; (2) at the end of the first full quarter following retirement or termination and at the end of each full quarter thereafter; or (3) within one month from the date of retirement or termination and each year thereafter. The payment schedule selected cannot be altered after the payments commence. Under both options, the first payment that an employee receives shall be without interest. Thereafter, the employee shall receive equal installments based on the interest rate established and the payment schedule selected. The interest rate to be received by the individual shall be the interest rate paid by the City in the most recent general obligation bond sale for maturities of 5 years held prior to the employee's actual date of retirement or termination. Once established, the interest rate for each employee will not be altered during the life of the payments. Each employee shall be required to sign an agreement outlining the payment schedule and acknowledging the interest rate established. In addition, the employee will be required to designate, in case of death prior to the last payment, a beneficiary. The beneficiary, upon the death of the retiree, will have 30 calendar 90 days to elect either continuing payments or a lump -sum payment. Failure to make an election within 30 days will result in the processing of the remaining available sick leave hours in the form of a lump -sum payment. An employee whose employment is terminated by the City shall not be eligible for either option #1 or #2 and shall receive a lump -sum payout of his/her adjusted frozen sick leave bank. Pay Out of Frozen Sick Leave While Still Employed In addition to the lump -sum payout option and the annuitization option available to an employee at the time of retirement or voluntary termination, an employee still employed by the City will have, effective December 1, 2000, the following available options for payment of the frozen sick leave hours: 1) Effective December 1, 2000 through December 15, 2000, and each December 1 through December 15 thereafter, an employee may elect to convert the 60% payable portion of his/her frozen sick leave bank to compensatory time, so long as the hours converted do not exceed the compensatory bank cap of 480 hours allowed for public safety employees or 240 hours allowed for all other non -bargaining employees. The conversion of frozen sick leave hours to compensatory time is a one-time election. An employee who elects this option and has less than 100 hours of the 60% frozen sick leave hours remaining may request to have the 60% of the remainder paid out as soon as administratively possible and 40% placed in his/her storage bank. An employee who has more than 100 hours of the 60% frozen sick leave bank remaining after contribution to the compensatory bank shall have these remaining hours paid out at the time of resignation, termination or retirement. The 40% non -payable portion of the frozen sick leave hours will be placed in the employee's sick leave storage bank and will be available for use but will not be eligible for payout. 2) Effective December 1, 2000 through December 15, 2000, and each December 1 through December 15 thereafter, an employee who has 600 hours or more in his/her frozen sick leave bank may elect to receive the 60% payable portion of frozen sick leave hours in 104 equal installments to be paid out over a period of 4 years starting with the first full pay period of the following July. The employee will receive these payments as a miscellaneous adjustment to the employee's regular paycheck at the rate of pay that the employee is receiving at the time the employee elects this option. The payments will be subject to federal and state tax. Once an employee elects this option, it is irrevocable, and he/she must continue with the series of payments until they are completed. If the employee resigns, terminates employment, or retires prior to the last payment, the remaining hours will be paid out in a lump -sum payment. The 40% non -payable portion of the frozen sick leave hours will be placed in the employee's sick leave storage bank and will be available for use but will not be eligible for payout. Example of Conversion of Frozen Sick Leave Bank: 1000 hours of frozen sick leave x 60% payable = 600 hours. 91 600 hours divided by 104 pay periods = 5.77 hours payable per pay period at the employee's rate of pay at the time this option is elected. 3) Effective immediately, an employee who has formally declared in writing his or her intention to retire may elect a bi-weekly payout option of his or her frozen sick leave while still employed. In order to be eligible for this option, the employee's retirement must take place within the same fiscal year as the written notice of intent to retire. The hours to be paid bi-weekly will be calculated by reducing the frozen sick leave by 60%. This hourly total will then be divided by the number of pay periods that will occur between the employee's written declaration of intent to retire and the actual date of retirement and the hours multiplied times the employee's hourly rate of pay at the time the employee declared his or her intention to retire to determine the amount to be received bi-weekly. The employee shall continue to receive the bi-weekly payments through the pay date that includes the date the employee selected in his/her written declaration of intent to retire. The payment shall be made at the same pay rate the employee was receiving at the time he or she declared his or her intention to retire. Once an employee begins receiving the bi-weekly payments, the employee's decision to retire and the date of retirement is irrevocable. In addition, the employee will be required to designate, in case of death prior to the last payment, a beneficiary. The beneficiary, upon the death of the retiree, shall have 30 calendar days to elect either continuing payments or a lump -sum payment. Failure to make an election within 30 days will result in the processing of the remaining available sick leave hours in the form of a lump -sum payment. An employee whose employment is terminated by the City shall not be eligible for either option #1 or option #2 and shall receive a lump -sum payout of his/her adjusted frozen sick leave bank. Pro -Rated for Part -Time Return If a Department Head (or the Mayor in the case of a Department Head) determines that an ill or injured employee may return to work part-time and the part-time status extends longer than thirty (30) calendar days, all benefits payable or accruable under this policy shall be pro -rated on the same basis as the employee's part-time hours bear to full-time employment. Sick Leave for Family The City shall comply with its Family and Medical Leave Act Policy in a situation where the member of an employee's family is suffering from a serious health condition. Donation Sick time may be donated in certain circumstances. Please see Section 6:5 "Voluntary Transfer of Benefits" for more information. Sick Leave for Waterloo Fire Rescue Battalion Chiefs Battalion Chiefs scheduled for 24-hour shifts receive sick days subject to the terms and conditions stated elsewhere in this policy, with the exception that they receive 144 hours of sick leave per calendar year. 92 Verification and Penalty for Abuse In the event the City shall have reason to suspect that an employee is abusing the use of sick leave benefits, the City shall have the right to request documentation from an appropriate medical professional to substantiate the employee's need for using sick benefits. In the alternative, the City shall have the right to request that the employee submit to an examination by a physician of the City's choice (and at the City's expense) for purposes of verifying the illness or injury submitted by the employee as the basis for using sick leave benefits. Should the City determine that an employee is abusing his/her sick leave benefits, the City shall have the right to take appropriate disciplinary action up to and including forfeiture of those sick leave benefits discovered to have been abused, suspension from employment, and/or termination of employment. 6:4 Waterloo Fire Rescue Battalion Chiefs — Fire Management Days The City agrees to establish an allowance of seven (7) days off each calendar year with regular pay, known as Fire Management Days, for Battalion Chiefs who are subject to the Fair Labor Standards Act (FLSA) 7(k) exemption. These days shall not be accrued, rolled over, donated, nor paid out at retirement or termination of employment, for any reason. 6:5 Voluntary Transfer of Benefits This policy provides a means for eligible employees to donate benefit time on an anonymous basis to another employee who has exhausted available resources and who needs a helping hand. The policy applies to regular full-time/part-time employees regarding transfer of benefits to another regular full-time/part-time employee who has exhausted all available paid leave and who provides a signed statement from a doctor regarding the employee's need to be absent from work for a minimum of two (2) weeks. This policy does not apply to temporary or seasonal employees. Employees who voluntarily elect to make a contribution may donate vacation/ scheduled leave (police), or personal time to any qualifying employee subject to the following conditions: • An employee who has exhausted available paid leave and who has been on leave for at least two (2) weeks due to a medical condition for himself/herself or for a member of his/her immediate family may qualify to receive donations of benefit time. • An immediate family member is defined as spouse, child, or parent as such terms are defined by the Family and Medical Leave Act, as amended from time to time. • An employee who needs assistance must submit a request in writing to HR. • The request for assistance must include a signed statement from a doctor regarding the employee's need to be absent from work. • A committee consisting of the Chief Financial Officer, the City Clerk, and the HR Director will review the request for assistance on a confidential basis. • HR will issue a notice of request to receive donated leave to all departments regarding an employee's need for assistance without publicly identifying the employee, unless the employee expressly waives his or her rights to anonymity. 93 • HR will notify affected Department Heads as appropriate regarding donations that have been approved for a transfer of benefits. • An employee who voluntarily elects to make a donation may contribute an amount up to 25% of currently available vacation/scheduled leave or personal leave in increments of a complete hour. • Notice of intent to make donations must be submitted directly to HR on a form provided for this purpose. • HR will administer the donated leave program, keeping all donations confidential except where disclosure is required for auditing purposes or as required to by law. • Donations will be deducted from a donor's bank and added to the recipient's bank in an amount not to exceed the number of hours needed by the recipient for the current pay period. • All donations will be treated as hour for hour. • Donated hours may not be used to count towards the accrual of any benefits, except for seniority and health insurance. Such exceptions to existing policy will be submitted to the Mayor for final approval following review by the Chief Financial Officer and HR Director. 6:6 Holidays for Non -Bargaining Employees The City of Waterloo recognizes the following days as holidays and pays eligible non - bargaining employees for time off on these days. Eligible employees are non -bargaining employees who are scheduled to work 20 hours or more per week, excluding those who work 29 hours or less per week at the Cedar Valley Sportsplex. Eligible part-time employees who work between 20 and 40 hours will have their holiday pay pro -rated based upon the number hours they are regularly scheduled to work. Temporary employees and part-time employees who work less than 20 hours per week are not eligible for holiday pay. For certain bargaining employees and Waterloo Fire Rescue Battalion Chiefs, holidays may be administered differently. For certain bargaining employees, please refer to the collective bargaining agreement or contact your union representative with questions. For Battalion Chiefs, please see the heading at the end of this policy for further details. If a holiday falls on a weekend, it will be observed on the adjacent Monday or Friday. • New Year's Day • Thanksgiving Day • Martin Luther King, Jr. Day (3rd • Friday after Thanksgiving Monday in January) • Memorial Day • Independence Day • Labor Day • Veterans Day • Day before or day after Christmas Day (at City's discretion) • Christmas Day • Employee's Birthday* *An employee's birthday/holiday may be scheduled on the actual birthday, or on another mutually agreeable date after the birthday has occurred. 94 Except for sworn police officers and sworn fire fighters covered by this document, Easter Sunday shall not be considered a holiday unless the employee is regularly scheduled and actually works the holiday. A non -bargaining employee who is required to work on any of the holidays shall receive an additional day off, or if agreeable between the employee and the Department Head, eight (8) hours of pay. In the event that a holiday falls within an employee's paid time off, he/she shall not be charged for the day off that is the holiday. No holiday pay shall be given if the actual date on which the holiday is being celebrated occurs while an employee is on layoff, a work - related injury leave of more than 12 months, an unpaid leave of absence of 30 or more consecutive calendar days, or a disciplinary suspension. From time to time, the City may select a certain day as a special holiday for City Employees. Only the Mayor has the authority to designate special holidays. Beginning on the first day of employment, eligible employees will receive holiday pay based on the number of hours regularly scheduled to work on that holiday. Holiday pay is not considered hours worked and is therefore not included in the computation of overtime. Holidays for Waterloo Fire Rescue Battalion Chiefs Battalion Chiefs receive paid holidays subject to the terms and conditions stated elsewhere in this policy, with the following exceptions: • In lieu of receiving holiday days off according to the holiday schedule listed above, a Battalion Chief scheduled to work 24-hour shifts shall receive 96 hours of Fire Holiday time. • Additionally, Battalion Chiefs shall receive a $250 stipend for working on a scheduled holiday. 6:7 Jury Duty and Witness Duty The City of Waterloo encourages employees to fulfill their civic responsibilities by serving jury duty when required. While it is the duty of every citizen to serve on a jury when called, the City of Waterloo recognizes that this often means the loss of income. Both regular full-time and benefit -eligible part-time employees, including those in their probationary period, who are called to serve on a jury will be paid jury duty pay. Jury duty pay is the difference between their straight time base rate of pay for all hours missed due to jury duty and the amount received from the court. Employees will need to provide proof of payment from the court before compensation for jury duty will be paid. Employees must present any jury summons to their Department Head or Supervisor on the first working day after receiving the notice, obtain a jury duty work release from the courthouse, and submit the release to HR in order to be paid for their time. The employee must also sign his/her check from the court over to the City Clerk's Office. 95 If an employee is not required to serve on a day he/she is normally scheduled to work or is excused from jury duty prior to the end of his/her normal workday, he/she is expected to report to work. Such time off shall be counted as time on duty for purposes of seniority and accrual of benefits. However, jury duty pay is not payment for hours worked and is therefore not included in the calculation of overtime. Witness Duty Pay The City of Waterloo will pay exempt employees their full salary for any week in which work was performed, if subpoenaed to appear as a witness in a court proceeding. Benefit - eligible non-exempt employees will be paid their straight time base rate of pay for all hours missed due to witness duty. Employees are expected to report to work when excused by the court prior to the end of their normal workday. Employees are also expected to report to work on any day(s) the employee is not required to report for witness duty. If you have received a subpoena, please notify your Department Head or Supervisor. 6:8 Bereavement Leave for Non -Bargaining Employees In the event of the death of an immediate family member, the City shall allow an eligible non -bargaining employee leave of up to four (4) working days (one 24-hour shift for most fire personnel), with pay at the employee's regular straight time rate, for purposes of grieving the death of the family member. Eligible employees are non -bargaining employees who are scheduled to work 20 hours or more per week, excluding those who work 29 hours or less per week at the Cedar Valley Sportsplex. For certain bargaining employees and Waterloo Fire Rescue Battalion Chiefs, bereavement time may be administered differently. For certain bargaining employees, please refer to the collective bargaining agreement or contact your union representative with questions. For Battalion Chiefs, please see the heading at the end of this policy for further details. For purposes of this policy, "immediate family members" shall include the employee's spouse, child (including an unborn child carried by the mother or by surrogate), sibling, step-parent, grandparent, grandchild, son-in-law, daughter-in-law, parent -in-law, brother- in-law, sister-in-law, foster parent, foster child, step -child, the employee's aunt or uncle, or the grandparent of the employee's spouse. When the funeral is to be held outside the state of Iowa, or complications arise in making funeral arrangements due to unusual circumstances, additional days off may be taken subject to the approval of the Department Head, Supervisor, and/or Mayor. Additional days taken by the employee shall be deducted from an employee's accrued and unused vacation or casual days. In any event, no more than ten (10) days' leave shall be granted for any one (1) funeral. An employee intending to use bereavement leave shall give notice of such intention to his/her Department Head (or to the Mayor in the case of a Department Head) as soon as reasonably possible after the decision is made to do so. Failure to give such notice may result in disapproval of paid funeral leave for the absence. 96 The purpose of bereavement leave is to provide an employee the opportunity to attend a relative's funeral. If requested, the employee shall provide the City with verification of his/her attendance at the funeral. If there is no funeral held for the deceased, the City reserves the right to request verification of the death and/or an attestation of the familial relationship. In the event an employee is already on a leave of absence or taking paid leave such as vacation at the time of an immediate family member's death, bereavement leave may not be substituted for such paid or unpaid leave. Bereavement leave pay is calculated on an employee's base pay rate at the time of absence and will not include any special forms of compensation, such as incentives, commissions, bonuses, overtime, or shift differentials. Paid bereavement leave is not payment for hours worked, and therefore does not count as hours worked in the computation of overtime. Funeral Leave for Fellow Department Employee or Retired Employee In the event of the death of a fellow department employee, employees of that department shall be allowed four (4) hours off work, with pay, to attend the fellow employee's funeral, except in cases of emergency where it is necessary to maintain an appropriate level of City services as determined by the Department Head. An employee shall be allowed up to two (2) hours off work, with pay, to attend the funeral of a retired departmental employee if the employee requesting the leave worked in the same department during the same time period or a portion thereof as the deceased. This request may be denied by the Department Head in cases of emergency or when it is necessary to maintain an appropriate level of City services. Funeral Leave for Waterloo Fire Rescue Battalion Chiefs Battalion Chiefs receive funeral leave subject to the terms and conditions stated elsewhere in this policy, with the exception that they receive 24 hours of funeral leave for the death of an immediate family member who resides in Iowa, and 48 hours of funeral leave for the death of an immediate family member who resides outside of Iowa. 6:9 Leaves of Absence Leaves of absence for qualifying reasons will be granted to eligible employees on an individual basis. Illnesses, disability, and military service are examples of qualifying reasons for a leave of absence. If you feel you need to request a leave of absence, HR can help clarify your eligibility for leave and available types of leave. Employees are expected to notify the City each day they are absent until the request for a leave of absence has been approved. Failure to notify the City each day prior to the approval will result in those absences being recorded as no -call, no-show absences. Refer to Section 4:3 "Attendance Expectations" for more information on attendance expectations. Because the presence of each employee is important to the operation of our business, except where mandated by law, the City of Waterloo cannot guarantee that benefits will 97 continue or that your position will remain open past the agreed upon period of leave, unless prior written approval for an extension is granted. 6:9:A Military Leave This policy applies to all City of Waterloo employees who are members of the United States Army, Navy, Air Force, Marines, Coast Guard, National Guard, Reserves or Public Health Service, except for those employed on a temporary basis by the City for six months or less. It is the policy of the City of Waterloo to grant a partially paid leave of absence for military service, training, or related obligations in accordance with applicable law, to City employees who are members of the United States Army, Navy, Air Force, Marines, Coast Guard, National Guard, Reserves or Public Health Service. In accordance with Iowa law, this policy does not apply to temporary employees employed by the City for six (6) months or less. The City shall provide paid leave to the employee during the first thirty calendar days (individuals working 24-hour shifts shall receive paid leave during the first ten days) of required military leave each calendar year at the employee's base rate of pay. Any remaining military leave for the calendar year shall be unpaid leave unless the employee elects to substitute his/her accrued paid leave time (e.g., vacation, personal days, etc.) for unpaid leave. An employee may not use accrued sick leave while on military leave. To qualify for reemployment rights following military service, an employee must meet the following five eligibility criteria: (1) the employee must have left a civilian job; (2) the employee must have given notice that he/she was leaving to perform military service; (3) the cumulative period of service must not have exceeded 5 years (there are some exceptions); (4) the employee must have been released from service under honorable or general conditions; and (5) the employee must report back to work or apply for reemployment within the time constraints prescribed by law. At the conclusion of the military leave and upon satisfaction of the reemployment eligibility criteria set forth by law, an employee generally has a right to return to the position he/she would have held had he/she remained continuously employed, if qualified, or to a comparable position in terms of like seniority, status and pay that the employee is qualified to perform. Provisions: 1. Requests for Leave for Active or Reserve Duty. Upon receipt of orders for active or reserve duty, an employee should notify his/her Department Head as soon as possible (unless he/she is unable to do so because of military necessity or it is otherwise impossible or unreasonable). 2. Leave for Training and Other Related Obligations. Employees will be granted time off for military training (normally 14 days plus travel time) and other related obligations, such as for an examination to determine fitness to perform service. Employees should 98 advise their Department Head of their training schedule and/or other related obligations as far in advance as possible. 3. Partial Paid Leave. Under Iowa law, a public employee is entitled to a leave of absence from civil employment without loss of pay during the first thirty (30) calendar days of such leave of absence. An employee off work for military training or active duty shall receive paid military leave (beginning with the first day of absence from work), for those days he/she would normally have been scheduled to work during the first 30 calendar days of absence or until the employee returns to work, whichever shall first occur. In the event the employee has already received one or more days of paid military leave during a calendar year, the 30-day calendar period shall be shortened by those number of days. When the employee occasionally needs military leave for weekend drills, the employee shall receive paid military leave for each day that he/she is unable to work his/her regularly scheduled work day as long as the maximum 30-day calendar period has not yet been exhausted. 4. Benefits While on Leave. During a military leave of less than 30 days, an employee is entitled to group health plan coverage under the same conditions as if the employee had continued to work. For unpaid military leaves of more than 31 days, an employee may elect to continue his/her health plan coverage under COBRA for up to 18 months after the absence begins, or for the period of service plus the time allowed to apply for reemployment, whichever period is shorter. An employee's accrual of benefits such as vacation, personal days, sick leave, etc., shall be frozen after 31 days of unpaid leave. 5. Return from Military Leave. An employee returning from military leave must report to work or request reemployment within the time period specified below based upon his/her length of service or the employee shall forfeit his/her right to reemployment. In any event, the employee's absence from a position for military service may not exceed five years. A. An employee who served for less than 30 days or who reported for a fitness to serve examination, must provide notice of intent to return to work at the beginning of the first full regular scheduled work period that starts at least eight hours after the employee has returned from the location of service. B. An employee who served for more than 31 days but less than 180 days, must submit an application for reemployment no later than 14 days after completing his/her period of service, or, if this deadline is impossible or unreasonable through no fault of the employee, then on the next calendar day when submission becomes possible. C. An employee who served for more than 181 days must submit an application for reemployment no later than 90 days after the completion of military duty. An employee injured during military service must submit his/her application for reemployment at the end of the employee's recovery period, which may not exceed two years beyond the deadline stated above for submitting an application for reemployment based upon the employee's length of military service. 99 6. Required Documentation. An employee whose military service was for more than 30 days may be required to provide documentation upon his/her return (unless such documentation does not yet exist or is not readily available) showing the following: (1) the application for reemployment is timely (i.e. submitted within the required time period); (2) the period of service has not exceeded five years; and (3) the employee received an honorable or general discharge. 7. Status of Seniority and Benefits Upon Return. An employee who satisfies the reemployment eligibility criteria established by law and returns to his/her employment with the City of Waterloo shall accrue seniority, and all rights and benefits determined by seniority, as if he/she had been on the job during the period of military service. Upon returning from leave, the employee shall be entitled to be placed in a position with all pay increases, promotions and other benefits that would have been awarded or earned had the employee not been away for military service. In the event an employee takes an unpaid military leave, his/her paid leave benefits for the year during which the unpaid leave occurred shall be pro -rated based upon the period of time the employee was in pay status during the year. 8. Interpretation. This Policy is intended to comply with the Uniformed Services Employment and Reemployment Rights Act, Code of Iowa Chapter 29A, and Iowa Administrative Code Chapter 581. Where questions arise in regard to the provisions of this policy or its application, the actual provisions of these laws and regulations shall be controlling. 6:9:B Waterloo Fire Rescue — Military Leave The intent of this policy is to comply with all applicable laws, rules and regulations and to provide support for employees who choose to serve as members of the Armed Forces Reserve and the National Guard. It is the policy of the City of Waterloo to provide military leave for its employees in compliance with Section 29A.28 of the Code of Iowa and the Uniformed Services Employment and Reemployment Rights Act (USERRA). 1. Eligible Employees: A. Employees, other than those temporarily employed for six (6) months or less, who are members of a qualifying uniformed service, such as a national guard, organized reserves or any component part of the military, naval, or air forces or nurse corps of this state or nation may be entitled to a leave of absence from City employment for the period of such active state or federal services without loss of pay during the first 30 days of such leave of absence. B. Non -regular employees are not eligible for military leave benefits. However, all employees regardless of status will be afforded unpaid military leave upon request. 2. Days Allowed: A. For qualifying leave, the first 30 days are defined as 30 calendar days and not 30 working days. Eligible employees will receive pay for any regularly scheduled workdays that would have occurred within the first 30 calendar days of a qualifying military leave of absence. 100 B. Any leave beyond 30 days will be unpaid military leave. However, consistent with existing policy, an employee may request the Fire Chief to allow them to use vacation, compensatory time, or trade time in lieu of unpaid military leave. C. 24-hour Shifts: For Fire Department employees working 24-hour shifts, paid military leave shall be determined based on an hourly basis with 240 hours available for said leave per calendar year. D. 24-Hour Shifts: Unused military hours during a calendar year are not allowed to be carried over to the next calendar year. However, the annual hours shall be available at the first of the year. 3. Types of Military Leave (Generally Defined) USERRA applies to service members ordered to military service under any provision of Title 10 or Title 32, and applies whether such duty is voluntary or involuntary. USERRA applies to any civilian employer, regardless of size, and to Federal, State, and local governments. The following are examples of approved types of leave: A. Annual Training. In most instances annual training is referred to the two (2) week annual training military leave. Employees shall provide notice to their Battalion Chief as far in advance as is reasonable. B. Monthly Training. All employees are requested to submit their schedule of monthly drill dates from the unit assigned at the earliest possible date. Employee is allowed to return to his/her schedule 24-hour shift after being released from duty on weekend drills. C. Additional Training. Employees who elect to perform additional training shall submit orders from appropriate military authority as soon as orders are received. D. Activation. Employees ordered to active military duty shall submit a request for military leave of absence to the Fire Chief at the earliest possible date. 4. Eligibility for Military Leave/Re-employment (USERRA 4312) If a member leaves his civilian job to perform military service, he is entitled to return to that employer, with accrued seniority, provided he meets the following five eligibility criteria: A. The service member held a civilian job, full-time or part-time, which was not a temporary position, before beginning the period of military service. B. The service member gave notice to the employer that he would be leaving for military training or service. The notice may be written or oral, but must be given in advance, unless impossible, unreasonable under the circumstances, or precluded by military necessity. C. The member's military service leaves do not exceed the five-year cumulative limit for that employer. However, some types of military service (e.g., required drills and training for National Guard/Reserve members, and service during mobilization in a time of war or national emergency) are excluded when computing the five-year limit. 101 D. The member is released from military service with an Honorable or General (Under Honorable Conditions) Discharge. E. The member reports back to work, or makes a written or verbal request for reemployment, with the following time frames: For military service of 30 consecutive days or less, the member must report back to work on the next regularly scheduled work period after transportation home plus an 8-hour rest period. For military service from 31-180 days, the member must report for work or apply for reemployment not later than 14 days after completion of service. For military service of 181 days or more, the member must report for work or apply for reemployment not later than 90 days after completion of service. 6:9:C Family and Medical Leave Act (FMLA) As an employee of the City of Waterloo, you may be eligible to take unpaid Family and Medical leave under the FMLA. This section provides a general description and an introduction to the rights and provisions of the federal FMLA. In the event of any conflict between this section and the applicable law, employees will be afforded all rights required by law. If you have additional questions regarding the FMLA, please contact HR. Interaction with State and Local Laws Where state or local family and medical leave laws offer more protections or benefits to employees, the protections or benefits that are more favorable to the employee, as provided by these laws, will apply. General Provisions Under this policy, the City of Waterloo will grant up to 12 weeks (or up to 26 weeks of military caregiver leave to care for a covered service member with a serious injury or illness) during a 12-month period to eligible employees. The leave may be paid, unpaid or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in this policy. Eligibility To qualify to take family or medical leave under this policy, the employee must meet the following conditions: • The employee must have worked for the City for 12 months or 52 weeks. The 12 months or 52 weeks need not have been consecutive. Separate periods of employment will be counted, provided that the break in service does not exceed seven years. Separate periods of employment will be counted if the break in service exceeds seven years due to National Guard or Reserve military service obligations or when there is a written agreement, including a collective bargaining agreement, stating the employer's intention to rehire the employee after the service break. For eligibility purposes, an employee will be considered to have been employed for an entire week 102 even if the employee was on the payroll for only part of a week or if the employee is on leave during the week. • The employee must have worked at least 1,250 hours during the 12-month period immediately before the date when the leave is requested to commence. The principles established under the Fair Labor Standards Act (FLSA) determine the number of hours worked by an employee. The FLSA does not include time spent on paid or unpaid leave as hours worked. Consequently, these hours of leave should not be counted in determining the 1,250-hour eligibility test for an employee under FMLA. • The employee must work in a work site where 50 or more employees are employed by the City within 75 miles of that office or work site. The distance is to be calculated by using available transportation by the most direct route. Type of Leave Covered To qualify as FMLA leave under this policy, the employee must be taking leave for one of the reasons listed below: • The birth of a child and in order to care for that child. • The placement of a child for adoption or foster care and to care for a newly placed child. • To care for a spouse, child or parent with a serious health condition. • The serious health condition (described below) of the employee. An employee may take leave because of a serious health condition that makes the employee unable to perform the functions of the employee's position. A serious health condition is defined as a condition that requires inpatient care at a hospital, hospice or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care or as a condition that requires continuing care by a licensed health care provider. This policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy absences. Generally, a chronic or long-term health condition that would result in a period of three (3) consecutive days of incapacity with the first visit to the health care provider within seven (7) days of the onset of the incapacity and a second visit within 30 days of the incapacity would be considered a serious health condition. For chronic conditions requiring periodic health care visits for treatment, such visits must take place at least two (2) times per year. Employees with questions about what illnesses are covered under this FMLA policy or under the City's sick leave policy are encouraged to consult with the HR Manager. If an employee takes paid sick leave for a condition that progresses into a serious health condition and the employee requests unpaid leave as provided under this 103 policy, the City may designate all or some portion of related leave taken as leave under this policy, to the extent that the earlier leave meets the necessary qualifications. • Qualifying exigency leave for families of members of the National Guard or Reserves or of a regular component of the Armed Forces when the covered military member is on covered active duty or called to covered active duty. An employee whose spouse, child, or parent has been notified of an impending call or order to covered active military duty or who is already on covered active duty may take up to 12 weeks of leave for reasons related to or affected by the family member's call-up or service. The qualifying exigency must be one of the following: a) short -notice deployment, b) military events and activities, c) child care and school activities, d) financial and legal arrangements, e) counseling, f) rest and recuperation, g) post - deployment activities and h) additional activities that arise out of active duty, provided that the employer and employee agree, including agreement on timing and duration of the leave. Covered active duty means: o In the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country. o In the case of a member of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed Forces to a foreign country under a call or order to active duty under a provision of law referred to in Title 10 U.S.C. §101(a)(13)(B). The leave may commence as soon as the individual receives the call-up notice. (Son or daughter for this type of FMLA leave is defined the same as for child for other types of FMLA leave except that the person does not have to be a minor.) This type of leave would be counted toward the employee's 12-week maximum of FMLA leave in a 12- month period. • Military caregiver leave (also known as covered service member leave) to care for an injured or ill service member or veteran. An employee whose child, parent, or next of kin is a covered service member may take up to 26 weeks in a single 12-month period to care for that service member. Next of kin is defined as the closest blood relative of the injured or recovering service member. The term covered service member means: o A member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation or therapy or is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. 104 o A veteran who is undergoing medical treatment, recuperation or therapy for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation or therapy. The term serious injury or illness means: o In the case of a member of the Armed Forces (including a member of the National Guard or Reserves), an injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces (or that existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member's office, grade, rank or rating. o In the case of a veteran who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during a period when the person was a covered service member, a qualifying (as defined by the Secretary of Labor) injury or illness that was incurred by the member in line of duty on an active duty in the Armed Forces (or that existed before the beginning of the member's active duty and was aggravated by service in line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran. Amount of Leave An eligible employee may take up to 12 weeks for the FMLA circumstances above (under heading "Type of Leave Covered") under this policy during any 12-month period. The City will measure the 12-month period as a rolling 12-month period measured backward from the date an employee uses any FMLA leave under this policy. Each time an employee takes leave, the City will compute the amount of leave the employee has taken under this policy in the last 12 months and subtract it from the 12 weeks of available leave and the balance remaining is the amount of time the employee is entitled to take at that time. An eligible employee can take up to 26 weeks for the FMLA military caregiver leave circumstance above during a single 12-month period. For this military caregiver leave, the City will measure the 12-month period as a rolling 12-month period measured forward. FMLA leave already taken for other FMLA circumstances will be deducted from the total of 26 weeks available. If spouses both work for the City and each wishes to take leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent (but not a parent "in-law") with a serious health condition, the spouses may only take a combined total of 12 weeks of leave. If spouses both work for the City and each wish to take leave to care for a covered injured or ill service member, the spouses may only take a combined total of 26 weeks of leave. Procedure for Requesting FMLA Leave 105 All employees requesting FMLA leave must provide his or her Department Head or HR with verbal or written notice of the need for the leave. If the employee has provided notice of the need for leave to the Department Head, the Department Head must inform HR as soon as possible. Within five business days after the employee has provided the City this notice, the HR Manager will provide the employee with the DOL Notice of Eligibility and Rights. When leave is taken to care for a family member, the City may require the employee to provide documentation or a statement of family relationship (e.g., birth certificate or court document). When the need for the leave is foreseeable, the employee must provide the employer with at least 30 days' notice. When an employee becomes aware of a need for FMLA leave less than 30 days in advance, the employee must provide notice of the need for the leave either the same day or the next business day. When the need for FMLA leave is not foreseeable, the employee must comply with the City's usual and customary notice and procedural requirements for requesting leave. The City of Waterloo will not retaliate against employees who request or take leave in accordance with this policy. Certification for the Employee's Serious Health Condition, Family Member's Serious Health Condition or Qualifying Exigency for Military Family Leave The City will require certification for the serious health condition. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. Certification for Serious Injury or Illness of Covered Service Member for Military Family Leave The City will require certification for the serious injury or illness of the covered service member. The employee must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. Second and Third Opinions If the City has received a complete and sufficient certification but has a reason to doubt that it is valid, the City may require the employee to obtain a second opinion at the City's expense. The City can choose the health care provider to provide the second opinion, but generally will not select a health care provider who it employs on a regular or routine basis. If the initial and second certifications differ, the City may, at its expense, require the employee to obtain a third final and binding certification from a jointly selected healthcare provider. Designation of FMLA Leave 106 Within five business days after the employee has submitted the appropriate certification form, the HR Manager will provide the employee with a written response to the employee's request for FMLA leave. The City may provisionally designate the employee's leave as FMLA leave if it has not received medical certification or has not otherwise been able to confirm that the employee's leave qualifies as FMLA leave. Intermittent Leave or a Reduced Work Schedule The employee may take FMLA leave in 12 consecutive weeks, may use the leave intermittently (take a day periodically when needed over the year) or, under certain circumstances, may use the leave to reduce the workweek or workday, resulting in a reduced -hour schedule. In all cases, the leave may not exceed a total of 12 workweeks (or 26 workweeks to care for an injured or ill service member over a 12-month period). Leave to care for a newborn or for a newly -placed child must be taken all at once and may not be taken intermittently or on a reduced work schedule. If an employee takes leave intermittently or on a reduced work schedule basis, the employee must, when requested, attempt to schedule the leave so as not to unduly disrupt the City's operations. When an employee takes intermittent or reduced work schedule leave for foreseeable planned medical treatment, the City may temporarily transfer the employee to an alternative position with equivalent pay and benefits for which the employee is qualified and which better accommodates recurring periods of leave. Recertification In general, the City may request the employee to provide a recertification no more often than every 30 days and only in connection with an absence by the employee. If a certification indicates that the minimum duration of the serious health condition is more than 30 days, the employer must generally wait until that minimum duration expires before requesting recertification. However, in all cases, including cases where the condition is of an indefinite duration, the employer may request a recertification for absences every six months. The employer may request a recertification in less than 30 days only if: • the employee requests an extension of leave, • the circumstances described by the previous certification have changed significantly, or • the employer receives information that causes it to doubt the employee's stated reason for the absence or the continuing validity of the existing medical certification. In general, the employer may ask for the same information in a recertification as that permitted in the original medical certification. However, an employer may provide the health care provider with a record of the employee's absences and ask if the serious health condition and need for leave is consistent with the leave pattern. The employee is responsible for paying for the cost of a recertification. The employer cannot require a second or third opinion for a recertification. In most circumstances, the employer must allow the employee at least 15 calendar days to provide the recertification after the employer's request. 107 Employee Status and Benefits During Leave During FMLA leave, an employee is entitled to continued group health plan coverage under the same conditions as if the employee had continued to work. To the extent that an employee's FMLA leave is paid, the employee's portion of health insurance premiums will be deducted from the employee's salary. If FMLA leave is unpaid, the employee's portion of health insurance premiums must be paid in accordance with the City's rules for leave without pay. If the employee's payment of health insurance premiums is more than 30 days late, the City may discontinue health insurance coverage upon notice to the employee. After 30 continuous calendar days of unpaid leave, an employee's accrual of benefits shall be frozen for the remaining leave period. When the employee returns to work from unpaid leave, his/her benefits will be resumed in the same manner and at the same levels as provided when the leave began, subject to any changes in benefit levels that may have taken place during the period of FMLA leave. Substituting Paid Leave for Unpaid Leave Federal FMLA leave is unpaid. However, you may be paid for all or part of FMLA leave to the extent you are eligible for benefits such as workers' compensation. If the qualifying reason for the FMLA leave is the employee's own serious health condition, the employee shall be required to use and exhaust accrued sick leave benefits prior to taking unpaid leave or using other paid leave such as vacation, personal days, compensatory time, etc. If the qualifying reason for the FMLA leave is for a reason other than the employee's own serious health condition, the employee must use accrued paid leave concurrently with the FMLA leave, such as vacation, personal days, compensatory time, etc. before taking unpaid leave. When you substitute paid benefit time, the absence will still be counted against your entitlement to FMLA leave under this policy and will not extend your leave. In other words, you are using your paid benefit time concurrently with your FMLA leave. When an employee is absent due to a work -related illness or injury that meets the definition of a serious health condition, the absence will still be counted against the employee's entitlement under this policy. In other words, the employee is using FMLA leave concurrently with the workers' compensation absence. Intent to Return to Work from FMLA Leave The City may require an employee on FMLA leave to report periodically on the employee's status and intent to return to work. Return from FMLA Leave Upon return from FMLA leave, the City will place the employee in the same position the employee held before the leave or in a position with equivalent pay, benefits and other 108 employment terms. The City cannot guarantee that an employee will be returned to his or her original job. The City, in accordance with 29 C.F.R. §825.214 and §825.215, shall make the determination as to whether a position is an "equivalent position." Before the employee returns to work from FMLA leave for his/her own serious health condition, the employee will be required to provide his/her Department Head with a fitness for duty certification from his/her healthcare provider indicating that the employee is able to return to work and perform the essential functions of his/her job with or without reasonable accommodation. Employee Status After Leave An employee who takes leave under this policy may be asked to provide a fitness for duty (FFD) clearance from the health care provider. Limitations on Reinstatement An employee is entitled to reinstatement only if he/she would have continued to be employed had FMLA leave not been taken. Thus, an employee is not entitled to reinstatement if, because of a layoff, reduction in force or other reason, the employee would not be employed at the time job restoration is sought. The City of Waterloo reserves the right to deny reinstatement to "key employees" if such denial is necessary to prevent substantial and grievous economic injury to the City's operations. A "key employee" is defined by the FMLA as a salaried, eligible employee among the highest paid ten percent of City employees. Violation of Terms of Leave If you fail to return to work or fail to make a request for an extension of leave prior to the expiration of the leave, you will be deemed to have voluntarily terminated your employment. The City of Waterloo is not required to grant requests for open-ended leaves with no reasonable return date under these policies or as disability accommodations. The City of Waterloo may recover health insurance premiums that it paid on behalf of the employee during any unpaid FMLA leave except that the City's share of such premiums may not be recovered if the employee fails to return to work because of the employee's own serious health condition or because of other circumstances beyond the employee's control. In such cases, the City may require the employee to provide medical certification of the serious health condition. If you are found to have provided a false reason for a leave, you will be subject to disciplinary action up to and including termination of employment. 6:9: D An employee of the City of Waterloo who is elected to a municipal, county, state or federal office shall, upon written application to the City of Waterloo, be granted a leave of absence from regular employment to serve in that office, except where prohibited by federal law, up to a maximum of six (6) years. Leave of Absence for Service in Elective Office 109 Except for any partial week worked by an exempt employee, the leave of absence will be unpaid. It shall be granted without loss of net credited service and benefits earned, with the exception of paying pension, group health insurance, and other benefits during the leave period. An employee on leave for service in elected office shall not be prohibited from returning earlier than expected to regular employment with the City of Waterloo. Leave of absence granted by this section does not apply to an elective office held by the employee prior to the election. 6:9:E Volunteer Emergency Services Providers Leave of Absence In compliance with Iowa Code 100B.14, the City of Waterloo shall not terminate the employment of any employee for joining a volunteer emergency services unit or organization, including but not limited to, any municipal, rural, or subscription fire department. For the purposes of this type of leave, "Volunteer Emergency Services Provider" means a volunteer fire fighter, a reserve peace officer, an emergency medical care provider, or other personnel having voluntary emergency service duties and who is not paid full-time by the entity for which the services are performed in the local service area, in a mutual aid agreement area, or in a governor -declared state of disaster emergency area. If an employee has provided the City of Waterloo with written notification that the employee is a volunteer emergency services provider, the employer shall not terminate the employment of a volunteer emergency services provider who, because the employee was fulfilling the employee's duties as a volunteer emergency services provider, is absent from or late to work. Non-exempt employees who are volunteer emergency service providers will not be paid for any time missed from work while the employee is absent due to performing duties as a volunteer emergency services provider. Exempt employees will be paid their full wages for any week in which work is performed for the City of Waterloo. Furthermore, the City of Waterloo may request that an employee who is a volunteer emergency services provider, and who is absent from or late to work while responding to an emergency, provide the City of Waterloo with a written statement from the Supervisor or acting Supervisor of the volunteer emergency services unit or organization stating that the employee responded to an emergency, including the date and time of the emergency. Any employee who is a volunteer emergency services provider, and who may be absent from or late to work while performing duties as a volunteer emergency services provider, shall notify the City of Waterloo as soon as possible that they may be absent or late. The City of Waterloo shall determine whether an employee may leave work to respond to an emergency as part of the employee's volunteer emergency services provider duties. 6:9:F Non -Work -Related Disability — Sworn Police Officers & Firefighters The City shall provide each eligible non -bargaining sworn police officer and firefighter covered herein with a 2-year long-term non -work -related disability policy with a 90-day 110 qualification period that pays the employee 70% of his or her gross monthly wages (base hourly rate plus any applicable longevity pay). Taxes/contributions normally withheld or deducted from an employee's payroll check and/or paid by the City as the employer's share (e.g. federal and state withholding, pension, etc.), shall be calculated at the same rate as designated on the employee's W-4 form and paid by the City and employee to the appropriate governmental organization. In order to satisfy the 90-day qualification period of the policy, the employee shall be required to use his/her accrued sick leave benefits. If sick leave benefits are exhausted, the employee may elect to use other paid leave such as scheduled leave, vacation, casual days, or compensatory time. An employee on paid leave during the qualification period of 90 calendar days shall continue to accrue benefits. An employee who exhausts his/her paid leave and is placed in an unpaid leave status shall cease to accrue benefits, except for seniority, after an unpaid leave of 30 calendar days or more. When the employee begins to receive disability payments after the 90-day qualification period, all benefits except for seniority, life and health insurance shall be frozen. The employee shall continue to receive disability payments until one of the following events occur: (1) it is determined that the employee is capable of returning to work; (2) the employee is placed on pension in accordance with Chapter 411 of the Code of Iowa; or (3) the employee has received disability payments for up to a maximum of 21 months. If an employee is not placed on pension and exhausts the 21 months of disability payments, he/she shall then be laid off and placed on the Recall or Preferred List for a period of up to three years. All accumulated benefits, except for any frozen sick leave bank, shall be paid to the employee after the employee is laid off. An employee shall receive his/her frozen sick leave payout, if any, upon being removed from the Recall or Preferred List, or upon his/her resignation or termination from City employment, whichever event shall first occur. Please see "The City of Waterloo's Self -Funded Group Long Term Disability Coverage Plan" for more information. 6:9:G Non -Work -Related Disability — Other Eligible Employees The City shall provide each eligible non -bargaining employee not covered under Section 6:9:F above with a 2-year long-term disability policy with a 90-day qualification period that pays the employee 66 2/3% of his or her gross monthly wages (base hourly rate plus any applicable longevity pay). In order to satisfy the qualification period of 90 calendar days, the employee shall be required to use accrued sick leave benefits. If sick leave benefits are exhausted, the employee may elect to use other paid leave such as vacation, casual days, and compensatory time. An employee on paid leave during the 90-day qualification period shall continue to accrue benefits. An employee who exhausts his/her paid leave and is placed in an unpaid leave status shall cease to accrue benefits, except for seniority, after an unpaid leave of 30 calendar days or more. 111 When the employee begins to receive disability payments after the 90-day qualification period, all benefits except for seniority, life and health insurance shall be frozen. The employee will continue to receive disability payments until either: (1) it is determined that the employee is capable of returning to work; or (2) the employee has received disability payments for up to a maximum of 21 months, whichever event shall first occur. The specific terms and conditions of the disability coverage shall be outlined in writing by the City's insurance carrier. The City shall have the right to substitute a comparable policy or program with the approval of the employee, which approval shall not be unreasonably withheld. Upon exhaustion of the disability payments at the end of 21 months and the employee's continued inability to return to work, a Civil Service employee shall be laid off and placed on the appropriate Recall or Preferred List for a period of up to three years. All accumulated benefits, except for any frozen sick leave bank, shall be paid to the Civil Service employee after the employee is laid off. A Civil Service employee shall receive his/her frozen sick leave payout, if any, upon being removed from the Recall or Preferred List, or upon his/her resignation or termination from City employment, whichever event shall first occur. A non -Civil Service employee shall be terminated from City employment upon exhaustion of the disability payments at the end of 21 months and the employee's continued inability to return to work. Please see the "Group Long Term Disability Insurance Policy" for more information. 6:9:H Personal Leave of Absence for Non -Bargaining Employees If you do not qualify for the types of leave described in this policy, eligible employees may request to take an unpaid personal leave of absence. Eligible employees are non - bargaining employees who are scheduled to work 20 hours or more per week, excluding those who work 29 hours or less per week at the Cedar Valley Sportsplex. For certain bargaining employees, personal leaves of absence may be administered differently. Please review your collective bargaining agreement or direct questions to your union representative for more information. Personal leaves of absence would be for personal reasons such as educational sabbaticals, extended child or elderly care, or for certain physical infirmities. Personal leaves of absence are rarely granted, and management reserves the right to consider job performance, absenteeism, departmental requirements, and any other business reasons when approving or denying requests for personal leaves of absence. Eligible employees who wish to take a personal leave of absence must provide a written request to the HR Director. The HR Director shall respond to the employee's request in written form within seven (7) calendar days of receipt of the request. If the leave is granted, the HR Director shall establish a time limit on the length of the leave. The parties may only extend the specified time limit upon written agreement, and in no event shall the unpaid leave extend beyond a period of one year from the date of the original application. 112 For personal leaves of absence due to the employee's own physical infirmities, an employee must present a doctors' note substantiating the need for leave prior to the leave being approved. Employees must also provide a fitness for duty clearance from their health care provider in order to return to work upon conclusion of the personal leave of absence. While on an approved personal leave, exempt employees are entitled to their full wages for any week in which work for the City is performed and the remainder of their personal leave will be unpaid; personal leave for non-exempt employees will be unpaid. The City may require an employee on a personal leave of absence to report periodically on the employee's status and intent to return to work. Should an employee fail to timely apply or to receive approval for an extension of the time limit, or to return to his/her employment responsibilities at the time specified by the HR Director, the employee shall be deemed to have voluntarily resigned from his/her employment and shall forfeit any and all benefits which may have accrued to him/her or to which he/she may be entitled hereunder. No City benefits shall accrue or be accumulated by an employee on an approved personal leave of absence except as provided for by Chapter 400 of the Iowa Code with regard to the employee's seniority or length of service. Premium payments for insurance coverages must be maintained by the employee while on a personal leave of absence. A payment schedule will be communicated to the employee upon approval of leave. Except where mandated by law, we cannot guarantee that benefits will continue or that your position will remain open in your absence. If you are on a personal leave of absence that exceeds 30 consecutive calendar days, the City will provide you with information about your rights for COBRA continuation. 113 Section 7: Employee Benefits As part of our commitment to our employees and their well-being, the City of Waterloo provides eligible employees access to a variety of benefits such as health insurance, dental insurance, vision insurance, flexible spending accounts, life insurance, and disability coverage. Temporary employees are not eligible for benefits except those required by law, such as worker' compensation. The benefits we provide are meant to help employees maintain a high quality of life, both professionally and personally. Although we introduce you to our benefit plans in this section, we do not provide extensive details of each plan here. You will receive official plan documents and/or benefit summaries for each of our benefit plans at the time of your eligibility. Those documents, along with any updates from the City, should be your primary source of information about our benefit plans. If you see any conflict between those documents and the information in this Handbook, you should rely on the official plan documents. Please see HR with any additional questions regarding our benefit programs and eligibility. The City of Waterloo reviews its benefit policies annually and may change them at their sole discretion based on availability of plan options, premium costs, and other factors. Benefits Continuation An employee or eligible dependent who has health insurance, dental insurance, vision insurance, and/or a flexible spending account with the City of Waterloo on the day of a qualifying event may be eligible to continue his/her coverage under a federally -mandated program called COBRA. Qualifying events include loss of coverage due to a reduction in hours of employment or termination of employment (except for reasons of gross misconduct by the employee); death of the employee; divorce or legal separation of the employee; the employee's enrollment in Medicare; or a dependent who no longer meets the definition of dependent under the group plan. Employees must notify the employer of a "qualifying event". In the case of an employee's death, an eligible dependent should notify the employer. The COBRA enrollee is responsible for payment of the total monthly premium, including administration fees. Coverage through COBRA will terminate at the earliest of the following: end of the eligibility period of 18, 29, or 36 months (depending on the qualifying event); when premiums are not received within 30 days of the due date; when the participant is covered by another group plan; or when the participant is enrolled in Medicare. Coverage levels through the COBRA Extension of Benefits is identical to the coverage provided to similarly situated beneficiaries under the employer's group benefit plan and is not conditioned on any physical examination or other evidence of insurability. 114 7:1 Health Insurance Health insurance coverage is available to eligible employees on the first of the month following 30 days of employment with the City of Waterloo. Eligible employees are those regularly scheduled to work an average of 30 hours or more per week, and certain Library employees who work 20 hours or more per week. We offer a number of options regarding which family members can be covered, and there is a premium payment required from you for health insurance coverage. Detailed information on coverage and how the plan works is contained in the Summary Plan Description for this benefit. If an eligible employee chooses not to enroll in the insurance plan, he/she shall not be entitled to any other form of compensation in lieu of coverage and shall be required to sign a written waiver of participation. Changes to your elected coverage can typically only be made during the annual open enrollment period and when you or your covered dependent has a qualifying event, such as marriage, divorce, death, birth, or adoption of a child, or loss of coverage through the employee's spouse. In cases of a qualifying event, employees must notify HR within 30 days of the qualifying event. 7:2 Dental and Vision Insurance Voluntary dental and vision insurance coverage is available to eligible employees on the first of the month following 30 days of employment with the City of Waterloo. Eligible employees are those regularly scheduled to work an average of 30 hours or more per week, and certain Library employees who work 20 hours or more per week. We offer a number of options regarding which family members can be covered, and there is a premium payment required from you for dental and vision insurance coverage. Detailed information on coverage and how the plan works is contained in the Summary Plan Description for this benefit. 7:3 Flexible Spending Accounts (FSA's) The City of Waterloo offers Flexible Spending Accounts for the benefit of our employees. Eligible employees are those regularly scheduled to work an average of 30 hours or more per week, and certain Library employees who work 20 hours or more per week. Our plan has several components by which employees can pay for certain items pre-tax. Employees may elect to defer a portion of their pay on a pre-tax basis to pay for dependent care or health, dental, and vision expenses not already reimbursed under a qualified plan. Any amounts contributed to these accounts reduce your federal and state income tax and FICA tax withholdings. Detailed information on eligibility requirements and how the plans work is contained in the Summary Plan Descriptions. 7:4 Life and Accidental Death and Dismemberment (AD&D) Insurance Group life and AD&D insurance is provided at no cost to eligible employees on the first of the month following 30 days of employment. Eligible employees are those regularly scheduled to work an average of 30 hours or more per week, and certain Library employees who work 20 hours or more per week. Eligible non -bargaining employees receive life and AD&D insurance in the amount of one (1) times annual base salary as 115 set on July 1 of each year, rounded to the nearest $1,000. Eligible bargaining employees receive life and AD&D insurance in the amount of $20,000. Additional life insurance coverage of up to $100,000 is available for purchase by the employee. Spousal or child(ren) life insurance is also available for purchase. An Evidence of Insurability may be required for additional coverages. This additional insurance may be purchased at the time of the employee's initial employment or in May or December of each year through the HR office. Detailed information on coverage and how the plan works is contained in the Summary Plan Description for this benefit. 7:5 Disability Coverage For more information on disability leave and an overview of the coverage, please see Section 6:9:F and Section 6:9:G. 7:6 Iowa Public Employees Retirement System (IPERS) Plan IPERS, a defined benefit plan, is available to regular full-time and part-time public employees. Eligible employees become IPERS members upon the first day of the first month following date of hire. A defined benefit plan provides a lifetime benefit calculated using a formula. Your benefits grow with you during your working career. As your years of service and salary increase, your IPERS benefits also grow. At retirement, you receive the benefit you earned regardless of the performance of the stock market. Additional plan details can be requested from HR. 7:7 Municipal Fire and Policy Retirement System of Iowa (MFPRSI) MFPRSI is a long-term retirement system that provides retirement benefits to eligible police officers and firefighters once they reach a certain age and have accumulated the required years of service. In order to receive a service pension from MFPRSI, an individual must be at least age fifty-five or older and vested in the retirement system. Vesting is achieved either by completing four years of service or reaching age fifty-five while an active member. The size of the pension depends upon years of service, the benefit option selected, and the average of the highest three years of earnable compensation. In addition to service benefits, MFPRSI also offers disability benefits for members who are determined to be unable to continue their regular duties. For additional information regarding MFPRSI retirement or disability benefits, please contact HR. 7:8 457:B Retirement Plan 116 The City of Waterloo offers a 457:B retirement plan for the benefit of its eligible employees. Eligible employees are regular or probationary employees who are regularly scheduled to work and have completed 120 days of employment. Once eligibility requirements are met, employees can enter the plan at any time. Employees can elect to make salary deferrals of their pre-tax income, or contributions can be made on an after-tax basis. Employees must contribute at least $25 per month, and maximum contribution and catch-up limits are subject to annual limits set by the IRS. Employees may modify their deferral amount at any time throughout the year. Additional plan details can be requested from HR. 7:9 Longevity Pay for Non -Bargaining Employees The following longevity schedule shall govern and control the entitlement and payment of longevity for accumulated years of service for non -bargaining employees hired after July 1, 1999: After 5 years of service $ 20.77 per pay period After 9 years of service $ 27.69 per pay period After 12 years of service $ 32.31 per pay period After 15 years of service $ 36.92 per pay period After 18 years of service $ 41.54 per pay period After 21 years of service $ 46.15 per pay period After 24 years of service $ 50.77 per pay period After 27 years of service $ 55.38 per pay period After 30 years of service $ 60.00 per pay period For certain bargaining employees, longevity pay is administered by a different policy. Please review your collective bargaining agreement or direct questions to your union representative for more information. Longevity pay shall commence or be increased, in accordance with the applicable schedule above, with the employee's paycheck that includes the employee's anniversary date. Longevity shall be spread out over 26 equal payments per year. An employee shall not be entitled to receive Longevity Pay while on layoff, a work -related injury leave of more than 12 months, or an unpaid leave of absence or disciplinary suspension that results in an employee not receiving a paycheck at the end of a two -week pay period. In addition, an employee shall not be given credit for purposes of entitlement for longevity when the employee is on layoff, a work -related injury leave of more than 12 months, or an unpaid leave of absence or disciplinary suspension of 30 or more consecutive calendar days. Employees returning from military leave in accordance with the City's Military Leave Policy shall receive credit for purposes of entitlement for longevity as if they had remained continuously employed. 7:10 Employee Assistance Program 117 The City of Waterloo recognizes that a wide range of personal or health problems can have an effect on employee's performance. Examples of such problems include marital, family or financial difficulties, alcoholism and other forms of chemical dependency, and mental or emotional distress. We further recognize that problems of this nature can be successfully resolved if identified and treated in the early stages, and that their successful resolution lies outside the normal managerial process. We have available to the City the professional services of an Employee Assistance Program (EAP) through the City of Waterloo. You can reach the EAP by calling 1-319- 235-3550 or toll -free at 1-800-303-9996. This service will occasionally be suggested to employees by a member of management. If you are referred to the EAP by a member of management, your completion of the suggested program is mandatory. 7:11 Health Insurance for Retired & Disabled Employees Employees Retiring or Permanently Disabled Prior to September 1, 1990 Employees who retired prior to September 1, 1990, including former employees who have been declared permanently disabled due to either a work -related or non -work -related injury or illness, shall be allowed to maintain City health insurance coverage for themselves and their eligible dependents, at the City's expense, until such time as the retired/disabled employee reaches the age of sixty-five (65) and the spouse reaches age sixty-five (65) and the eligible dependents no longer meet the definition of dependency as established by the City's health insurance carriers with the following stipulations: A. Except as outlined under COBRA Regulations, the City shall not be liable for insurance benefits of a divorced spouse of a retiree if the divorce occurs after September 1, 1990, or for insurance benefits for any dependents or spouse acquired after September 1, 1990. B. A retiree who is currently employed by another employer offering health insurance benefits shall be ineligible for continued coverage under the City's health insurance plan unless the retiree chooses to pay for such coverage. However, if the retiree terminates employment with the other employer, the City shall again provide insurance benefits at the City's expense subject to the retiree qualifying medically under the terms and agreements outlined by the insurance carriers. Current Employees Who Retire After September 1, 1990 Effective September 1, 1990, employees hired prior to July 1, 1990, and who have become vested and retire at the appropriate age under either an IPERS, IPERS 92, or Chapter 411 Pension shall be eligible for the following health insurance coverage for the retiree and his/her dependents at City expense, from the time of retirement and until the retiree reaches the age of sixty-five (65) with the following stipulations: A. Except as outlined under COBRA Regulations, the City shall not be liable for insurance benefits of a divorced spouse of a retiree or for insurance benefits for any dependents or spouse acquired after retirement. B. A retiree who is employed by another employer offering health insurance benefits shall be ineligible for continued coverage under the City's health insurance plan unless the retiree chooses to pay for such coverage. However, if the retiree terminates 118 employment with the other employer, the City shall again provide insurance benefits at the City's expense subject to the retiree qualifying medically under the terms and agreements outlined by the insurance carriers. C. The City shall pay the following percentage of the monthly cost of health insurance benefits for the retiree and dependents based on the following schedule: 1. Twenty-eight (28) years of continuous service prior to retirement: 100% of the monthly premium cost. The retiree shall be responsible for a monthly contribution rate established by the City if they choose an HMO Plan. 2. Twenty (20) through twenty-seven (27) years of continuous service prior to retirement: 80% of the monthly premium cost. In addition, the retiree shall be responsible for a monthly contribution rate established by the City if they choose an HMO Plan. 3. Fifteen (15) through nineteen (19) years of continuous service prior to retirement: 60% of the monthly premium cost. In addition, the retiree shall be responsible for a monthly contribution rate established by the City if they choose an HMO Plan. 4. Ten (10) through fourteen (14) years of continuous service prior to retirement: 40% of the monthly premium cost. In addition, the retiree shall be responsible for a monthly contribution rate established by the City if they choose an HMO Plan. 5. Less than ten (10) years of continuous service prior to retirement - retirees will be allowed to purchase insurance benefits for themselves and their dependents at the retirees expense, at a rate established by the City from the time of retirement and until the retiree reaches age sixty-five (65). D. When the retiree reaches the age of sixty-five (65) continuation health insurance coverage for the retiree's spouse and eligible dependents shall continue until the spouse reaches age sixty-five (65) based on the following schedule: 1. The City will pay 100% of the monthly premium cost for the spouse and eligible dependents for the first year following the retiree's 65th birthday. 2. The City will pay 80% of the monthly premium cost for the spouse and eligible dependents for the second year following the retiree's 65th birthday. 3. The City will pay 60% of the monthly premium cost for the spouse and eligible dependents for the third year following the retiree's 65th birthday. 4. The City will pay 40% of the monthly premium cost for the spouse and eligible dependents for the fourth year following the retiree's 65th birthday. 5. The City will pay 20% of the monthly premium cost for the spouse and eligible dependents for the fifth year following the retiree's 65th birthday. 6. After completion of the 5th full year following the retirees 65th birthday the retiree's spouse, if not yet sixty-five (65) years of age, shall be allowed to purchase, for a period of 36 months, health insurance coverage, at his/her cost at a rate to be established by the City. The spouse shall be responsible for a monthly contribution rate, in addition to the above percentage, if they choose an HMO Plan. At the age of sixty-five (65), retired employees shall have the option of purchasing health insurance benefits, at their expense for themselves, at a rate established by the City and 119 subject to change. Employees who retire after September 1, 1990, shall also be allowed to convert per the conversion privilege of the life insurance policy, at the retiree's expense, the base life insurance policy in effect at the time of retirement and until the retiree reaches the age of sixty-five (65). Disability or Death Due to a Work -Related Injury Effective September 1, 1990, any active employee who has completed his/her probationary period and who is determined to be permanently disabled due to either a catastrophic or non -catastrophic work -related injury or illness shall be eligible to receive the following health insurance benefits with the following stipulations: A. Catastrophic Work -Related Disability A catastrophic work -related disability is defined as a work -related injury or illness that totally and permanently incapacitates the employee to the degree that the employee is ruled medically incapable of performing any and all future employment either for the City of Waterloo or any other employer. An employee determined to be catastrophically disabled, due to a work -related injury or illness shall receive, from the time of disability and until the age of sixty-five (65) the following health insurance benefits with the following stipulations: 1. The City shall contribute 100% of the cost of monthly health insurance premiums for the disabled employee and eligible dependents. The disabled employee shall be responsible for a monthly contribution rate established by the City if they choose an HMO Plan. 2. An employee who is determined to be catastrophically disabled at the time of retirement and is later medically determined to be physically capable of seeking gainful employment shall have their disability health insurance benefits adjusted and receive health insurance coverage as outlined in "Non -Catastrophic Work - Related Disability" below. 3. Except as outlined under COBRA regulations the City shall not be liable for insurance benefits of a divorced spouse of a former employee or for any dependents or spouse acquired after the disability termination date. 4. When a disabled employee in this category reaches the age of sixty-five (65), continuation health insurance coverage for the former employee's spouse and eligible dependents shall continue until the spouse reaches age sixty-five (65) based on the same schedule as outlined under "Current Employees Who Retire After September 1, 1990" above. B. Non -catastrophic Work -Related Disability A non -catastrophic work -related disability is defined as a work -related injury or illness, that results in an employee being determined medically incapable of performing, or returning to their regularly assigned classification, but allows the employee to seek alternative employment in another occupational area whether with the City of Waterloo or another employer. An employee determined to be non -catastrophically disabled due to a work -related injury or illness shall receive, from the time of disability and until the age of sixty-five (65) the following health insurance benefits with the following stipulations: 120 1. The City shall contribute 75% of the cost of monthly health insurance premiums for the disabled employee and eligible dependents. The disabled employee shall be responsible for a monthly contribution rate established by the City if they choose an HMO Plan. 2. A disabled former employee who is employed by another employer offering health insurance benefits shall be ineligible for continued coverage under the City's health insurance plan. However, if the former employee terminates employment with the other employer, the City shall again provide insurance benefits at the City's expense subject to the former employee qualifying medically under the terms and agreements outlined by the insurance carriers. 3. Except as outlined under COBRA regulations the City shall not be liable for insurance benefits of a divorced spouse of a former employee or for any dependents or spouse acquired after the disability termination date. 4. When a disabled employee in this category reaches the age of sixty-five (65) continuation health insurance coverage for the former disabled employee's spouse and eligible dependents shall continue until the spouse reaches age sixty-five (65) based on the following schedule: a. The City will pay 75% of the monthly premium cost for the spouse and eligible dependents for the first year following the retirees 65th birthday. b. The City will pay 55% of the monthly premium cost for the spouse and eligible dependents for the second year following the retirees 65th birthday. c. The City will pay 35% of the monthly premium cost for the spouse and eligible dependents for the third year following the retirees 65th birthday. d. The City will pay 15% of the monthly premium cost for the spouse and eligible dependents for the fourth year following the retirees 65th birthday. e. After completion of the 4th full year following the retirees 65th birthday, the retiree's spouse, if not yet sixty-five (65) years of age, shall be allowed to purchase, for a period of 36 months, health insurance coverage at his/her cost at a rate to be established by the City. The spouse shall be responsible for a monthly contribution rate, in addition to the above percentage, if they choose an HMO Plan. The insurance benefits outlined above shall remain in effect for the disabled former employee until he/she reaches age sixty-five, until he/she is employed by another employer offering health insurance benefits. At the age of sixty-five (65), the former employees shall have the option of purchasing health insurance benefits, at their expense for themselves, at a rate established by the City and subject to change. The insurance coverage above for the former employee's spouse and dependents shall remain available, as outlined, until the former employee is employed by another employer offering health insurance benefits. In addition, the surviving spouse and the dependent children of an active employee who dies in the line of duty shall be allowed to remain covered by the City's group health insurance plan at City expense for as long as the spouse remains unmarried or reaches age sixty-five (65) and the children are considered 121 to be dependents of the deceased employee as determined by the health insurance carrier of the City. This paragraph shall also apply to any dependents of an employee who died in the line of duty prior to September 1, 1990. Disability and Death Due to A Non Work -Related Injury Effective September 1, 1990, any employee who becomes permanently disabled and unable to return to their regularly assigned classification due to a non -work -related injury or illness shall be allowed to purchase health insurance coverage at a rate established by the City and subject to change for themselves and their dependents as allowed under the Federal COBRA regulations. In addition, the spouse and dependent children of an active employee who dies as a result of a non -work -related injury or illness shall be allowed to purchase the City's health insurance coverage at their expense as outlined above for that period of time allowed under the COBRA regulations. Health Insurance Benefits Upon Normal Retirement for Employees Hired After July 1, 1990 Employees hired after July 1, 1990, shall not be eligible to receive health insurance benefits upon a normal retirement as outlined under "Current Employees Who Retire After September 1, 1990." Employees hired after July 1, 1990, will receive those benefits outlined under the "Disability or Death Due to a Work -Related Injury" and "Disability and Death Due to a Non -Work -Related Injury" sections of this policy and will be eligible upon normal retirement for the following health insurance benefits: Such employees shall be allowed to purchase health insurance coverage at a rate established by the City and subject to change for themselves and their dependents as allowed under the federal COBRA Regulations. Health Insurance Benefits Available Upon Normal Retirement for Regular Part Time Employees Hired Before July 1, 1990. Regular part time employees who retire from City employment as outlined under "Current Employees Who Retire After September 1, 1990" shall be eligible for insurance coverage for the retiree and his/her dependents. The percentage of the monthly cost of health insurance paid for by the City outlined under "Current Employees Who Retire After September 1, 1990" shall be proportionally equal to the percentage of the average time the employee worked per week at the time of retirement in relationship to a regular work week of 40 hours. For example, under "Current Employees Who Retire After September 1, 1990, "a regular part time employee who worked 20 hours per week and who retired with 15 through 19 years of employment with the City would have 30% of the cost of the insurance premium paid for by the City. 7:12 Health Insurance For Retired Employees under Iowa Code 509A For a retiree who does not qualify for health insurance coverage as detailed above in Section 7:11, he or she may be eligible for health and dental insurance continuation under 122 Iowa Code 509A if the retirement years of service (as defined by IPERS or MFPRSI) have been met. Spouses and dependent child(ren) may be covered on the plan, and the retiree is responsible for 100% of the premium for health and dental insurance under 509A. Coverage ends when the retired employee reaches 65 years of age. Detailed information on coverages and how the plans work are contained in the Summary Plan Description for each benefit. If an employee is not eligible for health insurance as detailed in Section 7:11 or as detailed in this policy, he/she will be eligible for COBRA continuation. Please see page 112 "Benefits Continuation" for additional information. 123 THIS PAGE INTENTIONALLY LEFT BLANK. 124 Employee Handbook Acknowledgment and Receipt I have received my copy of the Employee Handbook (Handbook) dated 1/18/2022. The Handbook describes important information about the City of Waterloo, and I understand that should consult my Department Head or Supervisor or HR regarding any questions not answered in the Handbook. This Handbook and the policies and procedures contained herein supersede any and all prior practices, oral or written representations, or statements regarding the terms and conditions of my employment with the City of Waterloo. By distributing this Handbook, the City expressly revokes any and all previous policies and procedures that are inconsistent with those contained herein. Furthermore, I acknowledge that this Handbook is neither a contract of employment nor a legal document. I have received the Handbook, and I understand that it is my responsibility to read and comply with the policies contained in the Handbook and any revisions made to it. Employee's Signature Date Employee's Name (Print) Witnessed by: City of Waterloo Representative Date TO BE PLACED IN EMPLOYEE'S PERSONNEL FILE 125 CITY OF WATERLOO Council Communication Discussion of the FYE 2023 budget. City Council Meeting: 3/21/2022 Prepared: 3/9/2022 REVIEWERS: Department Reviewer Action Date Clerk Office Felchle, Kelley Approved 3/9/2022 - 3:45 PM SUBJECT: Submitted by: Recommended Action: Summary Statement/ Background Information: Neighborhood Impact: Data: Community Engagement Methods: Analysis and Strategies: Implementation, Accountability, and Communication:: Expenditure Required/ Source of Funds: Alternative: Discussion of the FYE 2023 budget. Submitted By: Michelle Weidner, Chief Financial Officer