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HomeMy WebLinkAbout02.26.2025 Telecom Board Agenda - Special SessionWaterloo FIBER BOARD MEMBERS Andrew Van Fleet Board Chair Theodore Batemon Ritch Kurtenbach Mike Young Amy Wienands City Council Liaison: Rob Nichols WATERLOO Telecommunications Utility Board of Trustees February 26, 2025 Waterloo City Council Chambers 4:00 p.m. 1. Roll call. 2. Approval of the agenda, as presented. 3. Approval of minutes of January 30, 2025, regular session, as presented. 4. Resolution of Bills for January 2025. 5. Resolution approving hiring Markiea Thurmond to the position of NOC Technician, effective March 3, 2025, at an hourly rate of $26.00 per hour. 6. Motion to receive and file a conclusion of employment of Erin Langenberg effective February 7, 2025, including a payout of $589.24 7. Motion approving purchase of office furniture from Welter Storage an amount not to exceed $70,000. 8. Motion approving purchase of signage from Nagel Signs in the amount of $17,791.27, for 402 E. 4th Street. 9. Motion approving payment to the City of Waterloo for additional Right -of -Way Permits, in the amount of $22,160. 10. Motion approving Addendum No. 3 to the EN Communications Contract with EN Engineering, LLC of Warrenville, Illinois, in the amount of $459,592.00 plus $4,000.00 per month for inspectors' travel expenses, in conjunction with the EN Communications Contract - City of Waterloo Iowa - Project Management, Construction Management, Construction Inspection and Engineering Support Services 2025, and authorizing the General Manager of Telecommunications to execute said document. 11. Motion approving updates to the Employee Handbook changes. 12. Update from general manager and consultants. 13. Closed session pursuant to Iowa Code Section 388.9(1) to discuss marketing and pricing strategies or proprietary information if its competitive position would be harmed by public disclosure not required of potential or actual competitors, and if no public purpose would be served by such disclosure. 14. Adjourn. Kelley Felchle Board Secretary TELECOMMUNICATIONS UTILITY BOARD OF TRUSTEES City Council Chambers January 30, 2025 3:00 p.m. 1. Members present: Mr. Van Fleet, Mr. Kurtenbach, and Mr. Batemon. Mr. Young joined the meeting at 3:02 p.m. Absent: Ms. Wienands. 2. Moved by Kurtenbach seconded by Batemon that the agenda as presented, be approved. Voice vote -Ayes: Three. Motion carried. 3. Moved by Kurtenbach seconded by VanFleet, that the minutes of January 8, 2025, regular session, as presented, be approved. Voice vote -Ayes: Three. Motion carried. 4. Moved by Van Fleet seconded by Batemon, to approve a Professional Services Agreement with Entrust, of Warrenville, Illinois, in the amount of $1,572,216.00, in conjunction with the FY 2023 Construction of a Fiber -to -the -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088, and authorizing the General Manager of Telecommunications to execute said document. Voice vote -Ayes: Four. Motion carried. Mr. Van Fleet provided an overview of discussions with Entrust regarding the terms of the Professional Services Agreement and its impact on construction progress. Courtney Violette, Entrust, thanked the board, Waterloo Fiber, and city staff for their work on the agreement. 5. Moved by Kurtenbach seconded by Van Fleet, to approve Change Order No. 2025- 0018, for an increase of $375.00, in conjunction with the FY2023 Construction of a Fiber -to -the -Premise Feeder/Distribution and Backbone Network Project, Contract No. 1088. Voice vote -Ayes: Four. Motion carried. Eric Lage, General Manager, provided an overview of the item. 6. Update from general manager and consultants. Eric Lage shared that the Marketing Director is taking a position with Grow Cedar Valley. A consultant will be hired to provide marketing services on a temporary basis and assist Waterloo Fiber with hiring a new full-time marketing director. Regarding the new office space, signs for Visual Logic were removed this week and at the next meeting we will have approval of signage from Nagel signs. Failor Hurley Construction is working on various other tenant improvements to the site. Mr. Young requested clarification on whether hiring a marketing consultant would be permanent or temporary. Eric Lage confirmed the marketing consultant would be temporary. Mr. Young asked when Waterloo Fiber would move into the new facility. Eric Lage shared he anticipated moving sometime in mid -February. Page 2 Mr. Kurtenbach questioned if the utility would share a press release regarding the move. Eric Lage confirmed and added that they will likely do a ribbon cutting with Grow Cedar Valley. Mike Reagan, Entrust, shared that ITG continues to make construction progress. They will begin working on the first task order of Phase 3 of the project early next week. With proposal approved, they will work with ITG to expedite the schedule further. He added that they are working on Working on shelter hut bid for phase 3. 7. Adjourn. With no further business before the board, it was moved by Young seconded by Van Fleet that the meeting be adjourned at 3:12 p.m. Voice vote -Ayes: Four. Motion carried. Kelley Felchle Board Secretary Date Reference Check Amount 01/08/2025 IPERS $ 10,089.44 01/08/2025 ELAN FINANCIAL SERVICES $ 4,709.31 01/15/2025 WELLMARK $ 16,295.55 01/24/2025 JOHN RATH $ 145.97 01/24/2025 ERIC LAGE $ 131.89 01/24/2025 IAN CROWTHER-GREEN $ 133.76 01/24/2025 MARKIEA THURMOND $ 65.12 01/24/2025 TOBIN ORCUTT $ 23.68 01/31/2025 IOWA DEPARTMENT OF REVENUE $ 133.97 01/31/2025 EFTPS $ 49,515.31 01/03/2025 UNITYPOINT HEALTH $ 127.48 01/03/2025 MUTUAL OF OMAHA $ 438.81 01/03/2025 DELTA DENTAL OF IOWA $ 841.58 01/03/2025 CONSORTIA $ 2,100.00 01/03/2025 THE COURIER $ 80.76 01/03/2025 CAMV.IO $ 1,500.00 01/03/2025 CALIX 4,792.08 01/03/2025 BAMBINOS SWEET & FLUFFY COOKIE 288.00 01/03/2025 ADVANTAGE ADMINISTRATORS 339.36 01/10/2025 HAPPY FEET INC. $ 289.10 01/10/2025 SOUTH FRONT NETWORKS, LLC $ 850.00 01/10/2025 CURTIS WAYNE DEAN $ 1,552.50 01/10/2025 NATIONAL RURAL TELECOM COOP 842.48 01/10/2025 LAMAR COMPANIES $ 3,200.00 01/10/2025 IFC STUDIOS $ 300.00 01/10/2025 HURRICANE ELECTRIC LLC $ 374.19 01/10/2025 FUSE TECHNIC, LLC $ 4,375.00 01/10/2025 CLARK, BUTLER, WALSH & HAMANN $ 229.00 01/10/2025 CEDAR FALLS UTILITIES $ 3,710.00 01/10/2025 THE ECONOMY ADVERTISING COMPAN $ 562.43 01/10/2025 VOYANT 2,899.53 01/10/2025 AHLERS & COONEY, P.C. $ 555.00 01/10/2025 ADVANTAGE ADMINISTRATORS $ 2,536.40 01/17/2025 TWIN TREES, LLC 13,705.28 01/17/2025 EPLUS TECHNOLOGY $ 23.68 01/17/2025 CITY OF WATERLOO 3,025.39 01/17/2025 CALIX 4,849.68 01/17/2025 AVESIS THIRD PARTY ADMIN, LLC $ 108.16 01/17/2025 AMPERAGE, LLC. $ 1,690.00 01/17/2025 ADVANTAGE ADMINISTRATORS 923.15 01/24/2025 JELLY SPORTS ENTERTAINMENT,LLC $ 2,000.00 01/24/2025 EXCHANGE CLUB OF WATERLOO $ 175.00 01/24/2025 DELTA DENTAL OF IOWA $ 715.38 01/24/2025 THE COURIER $ 22.51 01/24/2025 BAMBINOS SWEET & FLUFFY COOKIE 186.00 01/24/2025 ADVANTAGE ADMINISTRATORS 96.64 01/31/2025 VGM GROUP, INC $ 71.49 01/31/2025 GIS WORKSHOP, LLC $ 390.00 01/31/2025 GROW CEDAR VALLEY $ 3,000.00 01/31/2025 CITY OF WATERLOO $ 326.28 01/31/2025 AVESIS THIRD PARTY ADMIN, LLC $ 108.16 01/31/2025 ADVANTAGE ADMINISTRATORS 2,097.48 $ 162,560.21 CASH ON HAND - 02 IPAIT - 03 $ 0.00 $ 0.00 Space Community Space Reception Conference Seating Lab Vault NOC & CSR Offices Other Offices (5) Other Subtotal Tax Installation Delivery Total Welter's Discount Furniture Purchase Summary Furniture Seating Seating Seating Lockers Desk and table Desking and seating Desking and seating Filing Cabinets, etc 13,779.38 2,707.00 4,565.16 1,050.00 2,449.54 19,505.31 16,672.35 2,000.00 62,728.74 4,391.01 1,750.00 75.00 68,944.75 $ 9,640.60 Existing Leased Furniture used Conference table in chairs Sit/stand desks in small conference room, shared office, suite 3 Stools in common area Selling back to Welters - $$ TBD 2 "U" Desks 5 Cubicles 1 CoworkingTable 5 Guest Chairs 4 small desks Community Space 1 o o o o Community Space 1 Community Space 2 Community Space 2 Reception Area Suite 1 -0" 4 E 1 r ��- I Suite 1 Suite 1 4# signs inc. 1020 Wilbur Ave. PO BOX 2098 Waterloo, IA 50704 319-233-4604 • 800-728-4604 • Fax: 319-233-7514 REMIT TO: P.O. BOX 2098, WATERLOO, IA 50704 M PROPOSAL Proposal #: 39621 Proposal Date: 01/21/25 Customer #: 78331 Page: 1 of 5 SOLD TO: WATERLOO FIBER 625 GLENWOOD ST WATERLOO IA 50703 JOB LOCATION: Waterloo Fiber 402 E 4th St Waterloo IA 50703 REQUESTED BY: Eric Lage NAGLE SIGNS INC (HEREINAFTER CALLED THE "COMPANY") HEREBY PROPOSES TO FURNISH ALL THE MATERIALS AND PERFORM ALL THE LABOR NECESSARY FOR THE COMPLETION OF: QTY DESCRIPTION UNIT PRICE TOTAL PRICE 1 * QUOTE #42603C $11,665.70 $11,665.70 NEW CHANNEL LETTERS NO BACKER - Provide and install —4'x 20' channel letter set individually mounted with all wiring through wall. Logo and letters feature translucent faces, matching painted returns and clear backers for white halo effect. Includes connection to existing primary electric in interior space, photo eye mounted in logo activates lighting when ambient lighting is dark. Sales tax and Waterloo sign permit fee extra. 1 * QUOTE #42604 NEW FACE IN CABINET- Provide and install new 59.5"x 76.5" routed aluminum panel with push -through acrylic graphics and translucent vinyl overlays. Interior lighting to be replaced with all -new white LEDs. Cabinet will be removed and repainted white to match new face. Waterloo sign permit not required for face change, sales tax extra. * INDICATES TAXABLE ITEM $4,961.66 $4,961.66 SUB TOTAL: $16,627.36 ESTIMATED SALES TAXES: $1,163.91 ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED, AND THE ABOVE TO BE IN ACCORDANCE WITH THE DRAWINGS AND OR SPECIFICATIONS SUBMITTED FOR THE ABOVE WORK AND COMPLETED IN A WORKMANLIKE MANNER FOR THE SUM OF: TOTAL PROPOSAL AMOUNT: $17,791.27 TERMS: 50.0% DOWN, BALANCE DUE ON COMPLETION (INTEREST OF 1.5% PER MONTH WILL BE ADDED TO PAST DUE ACCOUNTS) THIS PRICE DOES NOT INCLUDE ELECTRICAL HOOKUP, PERMITS, ENGINEERING, SHIPPING, FREIGHT OR SALES OR USE TAX UNLESS SPECIFICALLY STATED. NOTE: THIS PROPOSAL MAY BE WITHDRAWN IF NOT ACCEPTED WITHIN 30 DAYS. WORK WILL NOT BEGIN UNTIL DOWN PAYMENT AND WRITTEN ACCEPTANCE IS RECEIVED. ANY ALTERATION FROM THE ABOVE SPECIFICATIONS INVOLVING EXTRA COSTS, WILL BE EXECUTED ONLY UPON WRITTEN ORDERS, AND WILL BECOME AN EXTRA CHARGE OVER AND ABOVE THE ESTIMATE TO BE PAID BY THE PURCHASER. COMPANY INITIALS CUSTOMER INITIALS signs inc. 1020 Wilbur Ave. PO BOX 2098 Waterloo, IA 50704 319-233-4604 • 800-728-4604 • Fax: 319-233-7514 REMIT TO: P.O. BOX 2098, WATERLOO, IA 50704 IF TERMS AND CONDITIONS PROPOSAL Proposal #: 39621 Proposal Date: 01/21/25 Customer #: 78331 Page: 2 of 5 1. All agreements contingent upon strikes, accidents, material shortages or any other delays beyond our control. 2. Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. 3. This proposal is made for specially constructed equipment and when accepted by owner is not subject to cancellation. NAGLE SIGNS INC shall not be responsible for errors in plans, designs, specifications or drawings furnished by owner or its representatives, or for defects or increased costs caused by such errors. 4. NAGLE SIGNS INC shall commence the constructions of display and prosecute the work thereon with due diligence until completion. All obligations to be performed by NAGLE SIGNS INC hereunder shall be subject to delay or failure resulting from war, fire, labor disputes, material shortages, unforeseen commercial delays, acts of God, regulations or restrictions of the Government or public authorities, or other accidents, forces, conditions or circumstances beyond its control. 5. Owner shall be responsible for securing and maintaining in force all necessary permits from the owner of the premises upon which display is to be installed, and for all other private permissions necessary for the maintenance, use and existence of display. NAGLE SIGNS INC shall apply for public permits. Only the cost of normal permit applications is included in this proposal. Buyer shall be responsible for any and all costs incurred should procedures other than normal permit applications be required. NAGLE SIGNS INC shall not be obligated to commence construction of display until public permits have been issued. If public permits are denied after every reasonable effort by both parties to secure same, then this agreement shall terminate without liability to either party. 6. Buyer shall bring feed wires of suitable capacity and approved type to the locations of the display, and make connection thereto, and shall pay for all electrical energy used by display and shall be responsible for the supply thereof in the event substantially adverse building or soil conditions or underground obstructions are encountered at delivery site. In the event of such adverse building or soil conditions or underground obstructions, owner agrees that Nagle Signs shall be allowed to increase the price quoted in this proposal to the extent of Nagle Signs, Inc's. additional costs. 7. Owner shall be responsible for locating all property lines and utility easements and existing utilities located within or on the real estate on which the display is to be constructed. 8. NAGLE SIGNS INC unconditionally warrants the signs against defective workmanship and materials for 1 year from date of shipment or installation, if installat, n is effected by NAGLE SIGNS INC Any part found by NAGLE SIGNS INC COMPANY INITIALS CUSTOMER INITIALS signs inc. 1020 Wilbur Ave. PO BOX 2098 Waterloo, IA 50704 319-233-4604 • 800-728-4604 • Fax: 319-233-7514 REMIT TO: P.O. BOX 2098, WATERLOO, IA 50704 a PROPOSAL Proposal #: 39621 Proposal Date: 01/21/25 Customer #: 78331 Page: 3 of 5 to be defective due to faulty workmanship or materials within the warranty period will be repaired or replaced f.o.b. point of production. NAGLE SIGNS INC SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NAGLE SIGNS INC shall not be liable for any incidental or consequential damages or losses. Owners sole and exclusive remedy against NAGLE SIGNS INC for the breach of its express warranty contained herein shall be the replacement of such defective work or material. 9. Payment for items purchased under the terms of this agreement will be made upon receipt of invoices submitted. In the event payment is not made within thirty (30) days of the invoice date, Buyer agrees to pay a service charge on past due amounts at the rate of 1;A- per month. In the event this agreement is placed for collection with a collection agency or if litigation is commenced to collect amounts owed, Buyer shall be responsible for all costs incurred by Nagle Signs, including but not limited to its reasonable attorney's fees. 10. Title to all materials and property covered by this contract shall remain in NAGLE SIGNS INC and shall not be deemed to constitute a part of the realty to which it may be attached until the purchase price is paid in full. NAGLE SIGNS INC is given an express security interest in said material and property both erected and unerected notwithstanding the manner in which such personal property shall be annexed or attached to the realty and is authorized to file a financing statement perfecting this security interest. In the event of default by Buyer, including, but not limited to, payment of any amounts due and payable, NAGLE SIGNS INC may at once (and without process of law) take possession of and remove, as and when it sees fit and wherever found, all material used or intended for use in this construction of said equipment and any and all property called for in this Agreement without being deemed guilty of trespass. 11. When this Agreement is signed by a duly authorized person of each party, this document shall constitute a binding contract and the entire agreement between the parties and shall supersede all other written or oral agreements. The parties agree that a signature communicated by facsimile or by e-mail shall Have the same effect as an original signature on an original document, and either party may prove the existence of a binding contract by producing a copy thereof with a signature obtained through electronic means (by facsimile or e-mail). This contract shall be governed by the laws of the state of Iowa. 12. Owner is liable for any and all state, local or federal taxes imposed upon this transaction, including but not limited to sales and/or use tax. Owner will be liable for the taxes even if the taxes are not included in the original invoice to Owner if the taxes are imposed by a governing body after invoicing. 13. The Iowa District Court in and for Black Hawk County, Iowa shall have exclusive jurisdiction of all actions of any kind or nature whatsoever arising out of the work to be performed pursuant to this proposal including but not limited to any action by NAGLE SIGNS INC to collect amounts owed to it pursuant to the to : s of this proposal and any corresponding invoice, and the parties consent 6 exclusive jurisdiction and venue in said court. COMPANY INITIALS CUSTOMER INITIALS signs inc. 1020 Wilbur Ave. PO BOX 2098 Waterloo, IA 50704 319-233-4604 • 800-728-4604 • Fax: 319-233-7514 REMIT TO: P.O. BOX 2098, WATERLOO, IA 50704 M PROPOSAL Proposal #: 39621 Proposal Date: 01/21/25 Customer #: 78331 Page: 4 of 5 THIS PROPOSAL DOES NOT BECOME EFFECTIVE UNTIL SIGNED AND DATED BY THE COMPANY. THE ABOVE PRICES, SPECIFICATIONS, AND CONDITIONS ARE SATISFACTORY AND ARE HEREBY ACCEPTED. YOU ARE AUTHORIZED TO DO THE WORK AS SPECIFIED. PAYMENT WILL BE MADE AS OUTLINED ABOVE. SALESPERSON: ACCEPTED BY: SIGNATURE: DATE: 1-21-25 TITLE: DATE: COMPANY INITIALS CUSTOMER INITIALS signs inc. 1020 Wilbur Ave. PO BOX 2098 Waterloo, IA 50704 319-233-4604 • 800-728-4604 • Fax: 319-233-7514 605 Iowa Ave. W Marshalltown, IA 50158 641-752-6608 • 888-656-SIGN • Fax: 641-752-6968 REMIT TO: P.O. BOX 2098 WATERLOO, IA 50704 DEPOSIT INVOICE Invoice #: DP39621 Inv Date: Customer #: Page: 01/21/25 78331 5 of 5 SOLD TO: JOB LOCATION: WATERLOO FIBER 625 GLENWOOD ST WATERLOO IA 50703 Waterloo Fiber 402 E 4th St Waterloo IA 50703 REQUESTED BY: Eric Lage ORDERED BY PO NUMBER SALESPERSON ORDER DATE PAYMENT TERMS DUE DATE Eric Lage Mason Fromm 12/30/24 50.0% Due Upon Receipt 03/14/25 QTY DESCRIPTION UNIT PRICE TOTAL PRICE 1 * QUOTE #42603C $11,665.70 $11,665.70 NEW CHANNEL LETTERS NO BACKER - Provide and install -4'x 20' channel letter set individually mounted with all wiring through wall. Logo and letters feature translucent faces, matching painted returns and clear backers for white halo effect. Includes connection to existing primary electric in interior space, photo eye mounted in logo activates lighting when ambient lighting is dark. Sales tax and Waterloo sign permit fee extra. 1 * QUOTE #42604 $4,961.66 $4,961.66 NEW FACE IN CABINET - Provide and install new 59.5"x 76.5" routed aluminum panel with push -through acrylic graphics and translucent vinyl overlays. Interior lighting to be replaced with all -new white LEDs. Cabinet will be removed and repainted white to match new face. Waterloo sign permit not required for face change, sales tax extra. SUB TOTAL $16,627.36 * INDICATES TAXABLE ITEM ESTIMATED SALES TAXES $1,163.91 TOTAL PROPOSAL AMOUNT $17,791.27 *** FINAL INVOICE AMOUNT MAY VARY UPON COMPLETION *** PLEASE PAY THIS DEPOSIT AMOUNT: $8,895.64 ADDENDUM NO. 3 TO THE EN COMMUNICATIONS CONTRACT - CITY OF WATERLOO IA — PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT, CONSTRUCTION INSPECTION AND ENGINEERING SUPPORT SERVICES 2025 CITY OF WATERLOO, IOWA DATE: February 14, 2025 The following is a revision to the EN COMMUNICATIONS CONTRACT - CITY OF WATERLOO IA — PROJECT MANAGEMENT, CONSTRUCTION MANAGEMENT, CONSTRUCTION INSPECTION AND ENGINEERING SUPPORT SERVICES 2025 (Project #2572004.00): o Included in the agreement is the option to expedite underground construction activities from April through October 2025 by increasing the number of crews to 20 during this period. o To support this accelerated schedule and the crew counts, an additional two (2) Construction Inspectors and one (1) additional Project Coordinator will be required to maintain our contracted ratio of one (1) Construction Inspector for every four (4) construction crews. o If for any reason the contractor's crew count reduces during this period, the number of inspectors required will be re-evaluated at that time and applicable monthly payments adjusted accordingly. o These additional resources will be billed at $65,656 per month, from April through October 2025. RESOURCE MONTHLY TOTAL APR — OCT 2025 TOTAL Construction Inspector $24,678 $172,746 Construction Inspector $24,678 $172,746 Project Coordinator $16,300 $114,100 TOTALS $65,656 $459,592 o An additional $4,000 per month will be added to cover the estimated monthly travel expenses for these inspectors (will be billed as incurred on a not -to -exceed basis). Any revisions to any of the Contract Documents made by this Addendum shall be considered as the same revision to any and all related areas of the Contract Documents not specifically called out in this Addendum. Quentin Hart Mayor of Waterloo, Iowa City of Waterloo David Klimas Chief Operating Officer EN Engineering, LLC Eric Lage General Manager of Telecommunications Waterloo Fiber Page 1 of 1 w Waterloo Fiber Employee Handbook 2/26/2025 Table of Contents 2-4 Section 1: Introduction 5-6 1:1 Welcome 5 1:2 Utility Overview 5 1:3 Purpose of this Handbook 5-6 1:4 Employment -At -Will Statement 6 Section 2: New Employee Information 7-16 2:1 Open -Door Philosophy 7 2:2 Complaint Procedure 7-8 2:3 Whistleblower Procedure 8-9 2:4 Hiring Policy 9 2:5 Onboarding 9 2:6 Introductory Period 10 2:7 Employee Privacy and Personal Belongings 10 2:8 Professional Appearance and Attire 11-12 2:9 Background and Reference Checks 12 2:10 Job Descriptions 13 2:11 Employment Testing 13 2:12 Performance Review Process 13-14 2:13 Personnel Files and Access 14-15 2:14 Ending Employment 15-16 2:15 Veterans Preference 16 Section 3: Policies and Expectations 18-51 3:1 Confidential Information Policy 18-19 3:2 Professional Conduct 20 3:3 Equal Employment Opportunity 20 3:4 Disability Accommodation 21 3:5 Pregnant Worker's Fairness Act 21 3:6 Religious Accommodation 22 3:7 Harassment and Discrimination Statement 22-24 3:8 Conflicts of Interest 24-27 3:9 Solicitation, Distribution, and Posting of Materials 27-28 3:10 Cellular Phone Use 28 3:11 General Vehicle Use 28-29 3:12 Personal Use of Utility -Owned Vehicles 29-31 3:13 Driver's License and Accident Policy 31-35 3:14 Accident Review Policy 35-40 3:15 Purchasing Policy 40-43 3:16 Credit Card Policy 43-46 3:17 Social Media 46-47 2 3:18 Electronic Usage Policy 47-49 3:19 Disciplinary Process and Procedures 49-51 Section 4: Hours and Pay Policies 52-68 4:1 Employee Classifications 52-53 4:2 Work Schedule 53 4:3 Attendance Expectations 53-55 4:4 Breaks and Lunches 55-56 4:5 Record of Hours Worked 56 4:6 Remote Work 56 4:7 Overtime and Compensatory Time for Non -Exempt Employees 57 4:8 Standby Pay 58 4:9 Wage Administration Policy 58 4:10 Pay Periods and Payday 58 4:11 Payroll Deductions 59 4:12 Direct Deposit 59 4:13 Travel and Meeting Guidelines; Expenses 59-68 Section 5: Health and Safety 69-75 5:1 Drug -Free Workplace 69 5:2 Smoke -Free Workplace 70 5:3 Safety 70-71 5:4 Medical Examinations for Current Employees 71 5:5 Reporting and Treatment of Work -Related Injuries 71-73 5:6 Critical Employees Residency 73 5:7 Violence 73-74 5:8 Weapons 74-75 Section 6: Time Off and Leaves of Absence 76-96 6:1 Vacation 76-78 6:2 Casual Time 78 6:3 Sick Leave 78-80 6:4 Unpaid Time Off 80 6:5 Holidays 80-81 6:6 Jury Duty and Witness Duty 81-82 6:7 Bereavement Leave 82-83 6:8 Leaves of Absence 83 6:8:A Military Leave 83-86 6:8:B Family and Medical Leave Act (FMLA) Policy 86-93 6:8:C lows Pregnancy Disability Leave of Absence 93-94 6:8:D Leave of Absence for Service in Elective Office 94 6:8:E Volunteer Emergency Services Providers Leave of Absence 94-95 6:8: Personal Leave of Absence 95-96 3 Section 7: Employee Benefits 97-101 7:1 Health Insurance 97-98 7:2 Dental and Vision Insurance 98 7:3 Life and AD&D Insurance 98 7:4 Long -Term Disability Insurance 98 7:5 Iowa Public Employees Retirement System (IPERS) Plan 98 7:6 457:B Retirement Plan 98-99 7:7 Cell Phone Reimbursement 99 7:8 Job -Related Training and Designations 99 7:9 Safety Shoe Voucher 99 7:10 Clothing Voucher 100 Employee Handbook Acknowledgement and Receipt 101 4 Section 1: Introduction 1:1 Welcome Welcome to the Waterloo Telecommunications Utility ("Waterloo Fiber")! 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 Utility and our citizens. This Employee Handbook (Handbook) summarizes our Utility's history, purpose, and goals. In addition, it introduces you to our expectations of you and our team at Waterloo Fiber. 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 Waterloo Fiber for a while, we are confident that you will find our Utility a dynamic and rewarding place to work, and we look forward to a productive and successful partnership. Thank you for being a part of Waterloo Fiber, and welcome to our team! 1:2 Utility Overview Waterloo Fiber is making sure everyone will have the opportunity to access fast, reliable internet at their homes and businesses. While the Board of Trustees had studied broadband and fiber-optic services for many years, in 2020/2021 given the increased need for internet service during the COVID-19 shutdown and the need for broadband improvements, the City of Waterloo and the Waterloo MCU decided to move forward with a city-wide buildout. This buildout is supported by federal and state funding, as well as local funding passed by the voters again in 2022 when they approved a GO BOND referendum supporting the project's deployment. The City is also deploying a fiber-optic backbone to connect every city site, facility and important public space, as well as supporting numerous third -party community partners, such as Waterloo Water Works, Mid -American and Waterloo Schools. The network will encompass 500 miles of fiber giving every home, business, and community anchor the opportunity for access to ultra -high-speed broadband Internet, making Waterloo a competitive place to live, work, learn, and play. By providing high- speed broadband services, the City could increase competition and choice for its community, while having a positive impact on economic development, education, and the technology amenities that are available to citizens and businesses. 1:3 Purpose of this Handbook The remainder of this Handbook will familiarize you with the privileges, benefits, and responsibilities of being an employee at Waterloo Fiber. It is essential that all employees familiarize themselves with the contents of this Handbook. Employees are expected to 5 read this Handbook in its entirety and should feel free to discuss its contents with management at any time. Individual situations that conflict with policies and procedures should be discussed with the General Manager. Please understand that this Handbook is not a contract and is only intended to highlight and summarize our employment policies and procedures. It is not intended to be comprehensive or to address all the possible 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 General Manager. In this Utility, 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 Utility 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. 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. 1:4 At -Will Employment We are happy to welcome you to Waterloo Fiber, and we sincerely hope that your employment here will be a positive and rewarding experience. However, for employees who do not have an employment agreement (hereafter called "at -will employees"), we cannot make any guarantees about your continued employment at the Utility. 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 Utility representative, other than the General Manager, has the authority to change the at -will employment relationship or to contract with any at -will employee for different terms of employment. Furthermore, the General Manager may change the at - will -employment relationship, but only in a written contract signed by the General Manager and the employee. 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 Waterloo Fiber. 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. 6 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, Waterloo Fiber 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 or the General Manager. If you would like to file a 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 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. 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. If the employee's immediate Supervisor is a Department Head, the employee who chooses to file a complaint or to appeal an action shall initiate the process at Step 2. 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 General Manager. The General Manager shall arrange, upon receipt of the complaint, to meet with 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 7 originated shall also be in attendance and afforded the opportunity to be heard and present evidence on the department's behalf. General Manager shall reply in writing to the employee and the Department Head within five (5) working days. Step 4: If dissatisfied with the decision of the General Manager, either party shall have the right to appeal to the Board of Directors within five (5) working days of the General Manager's decision. The Board of Directors shall handle the review by requesting that testimony or evidence be submitted. Upon receipt of all requested testimony or evidence, the Board of Directors 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 their right under the complaint procedure is subject to disciplinary action, up to and including termination of employment. 2:3 Whistleblower Procedure If any employee has a complaint against state agencies, officials of state, or local governments in Iowa, they may contact the Office of Ombudsman. For more information on what the Office of Ombudsman can and cannot do, please 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. 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 Utility 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 they 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 8 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 the General Manager. 2:4 Hiring Policy When a Department Head feels it is necessary to fill a vacancy or create a new position the following procedures will be followed. The Department Head will fill out a request for the position. Once the request is submitted to the General Manager, Accounting/Human Resource Manage , the General Manager and ccountinn/Human Resources Manager will meet to review the request. If the position is deemed necessary, the General Manager will recommend posting the position to the Board of Trustees. Once approved by the Board the position will be posted to the public. The Accounting/Human Resources ManagerGeneral ManaaP and Department Head will review all the applications, and the Department Head will select the candidates for interviews. The interviews will be scheduled, and the interview panel will be selected. All panels will include the Accounting/Human Resources ManagerGeneral Manager. The Department Head, in conjunction with the Accounting/Human Rcsourccs Managerueneral Manager, writes interview questions. Following the interviews, a candidate is selected, and the Accounting/Human Resource ManagerGeneral Manager presents an offer letter. The offer letter must state the offer is contingent to the Board of Trustees' approval. Once the Board approves the offer and the candidate accepts the position, a copy of the letter with the final salary or hourly rate is submitted by the \ccounting/Human Resources ManagerGeneral Manager to the Board Secretary to put on the next agenda with the start date that is approved by a motion. The candidate CANNOT begin working until the start date is approved by the Board of Trustees. The earliest a candidate can start work is the day after the board meeting. 2:5 Onboarding During the first few weeks of employment at Waterloo Fiber, employees will meet with key people to fill out the necessary paperwork and to become acquainted with our organization. At this time, we will answer any questions new employees may have and discuss things such as Utility 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. 9 2:6 Introductory Period At Waterloo Fiber, we consider the first 90 days of your employment to be a introductory period. During this introductory period, you are given an opportunity to discover whether you enjoy working at Waterloo Fiber and if you wish to continue in your position. It also enables Waterloo Fiber to evaluate your interest in your job, your interest in the Utility, and your ability to carry out the job responsibilities and requirements. All introductory employees will receive at least one (1) written performance appraisal during their introductory period. During an at -will employee's introductory period, 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 introductory period does not in any way change the at -will employment relationship between Waterloo Fiber and at -will employees. Employment is at -will both during and after the introductory period; therefore, employment may still be terminated by either party, at any time, for any reason, regardless of completion of the introductory period. Following successful completion of the introductory period, a formal performance review with the General Manager will generally occur annually near your anniversary date. 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 Waterloo Fiber. Utility workspaces include, but are not limited to, Utility vehicles, desks, filing cabinets, and storage areas. We reserve the right to search Utility 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. Waterloo Fiber will generally attempt to obtain employee consent prior to conducting a search or inspection but may not always be able to do so. Employees are allowed to bring personal items, such as decorations, to work, but these items must not negatively impact the health and safety of other employees or be disruptive to the workplace. Therefore, open flames and candles are not allowed. Additionally, oil diffusers, scented wax warmers or other similar heating or fragrance products are generally allowed, but the Utility reserves the right to prohibit fragrance products in Utility offices on a case -by -case basis if the product(s) cause an issue to the Utility or its employee(s). Any personal items brought to work or stored on work premises are the individual employee's responsibility, not the Utility's. Waterloo Fiber 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. 10 2:8 Professional Appearance and Attire Waterloo Fiber 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 Utility's public image, the Utility'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 for further details. Office Employees Waterloo Fiber 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 company should wear appropriate clothing, which may require following that company's dress code. The examples listed below are for guidance only and should not be considered all inclusive. General guidelines regarding our business casual dress code are: • Clothing that is appropriate for an office environment. • Appropriate attire includes, but is not limited to, Waterloo Fiber-logoed apparel, slacks, khakis, black denim, dress shirts, polo shirts, skirts and dresses (no shorter than knee- length), sweaters, vests, leggings with a long fashion top (no shorter than mid -thigh), and professional footwear or fashion sneakers. • Inappropriate attire includes, but is not limited to, revealing or inappropriate clothing (including body -con style clothing), t-shirts, blue denim, sweatshirts, sweatpants, beachwear, spandex pants, yoga pants, exercise attire, athletic shoes (unless medically necessary), casual boots or shoes, rubber -type shoes and flip flops that are considered beachwear. On Fridays, office employees may wear blue denim while following the other guidelines of the business casual dress code. Non -Office Employees Employees who do not work in an office environment should wear appropriate attire based on their position, including any required or recommended personal protective equipment (PPE) such as safety shoes (please see Section 7:9 for more details on our safety shoe reimbursement process). Employees who are hosting or attending meetings with citizens, vendors, independent contractors or employees from another company should wear appropriate clothing, which may require following that company dress code. Employees going into citizens' homes are expected to wear Waterloo -Fiber logoed apparel. 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. 11 • 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 or any other illegal activity. On -duty employees shall not wear clothing that critique or negatively reference Waterloo Fiber or its representatives in any way. • Facial hair should be neatly groomed and maintained. • Citizen interaction and employee relations must be considered regarding any visible tattoos and body -piercing jewelry. Inappropriate or offensive tattoos will not be tolerated and are to be covered by clothing or other means. Management reserves the right to evaluate tattoos and body -piercing jewelry and advise employees on a case -by -case basis. Waterloo Fiber 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 Waterloo Fiber are well qualified and to ensure that Waterloo Fiber 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 Waterloo Fiber. Waterloo Fiber 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. Waterloo Fiber 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 the General Manager, will be allowed to give professional reference checks or employment verification information on any current or former employee to outside sources. Any employee who is contacted to provide a professional reference check or employment verification information regarding a current or former Waterloo Fiber employee is required to direct that inquiry to the General Manager. 12 2:10 Job Descriptions Waterloo Fiber attempts to maintain a job description for each position. If you do not have a current copy of your job description, you should request one from your direct Supervisor. Job descriptions prepared by the Utility 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 Utility may have to revise, add to, or delete from your job duties per business needs. On occasion, Waterloo Fiber may need to revise job descriptions with or without advance notice to employees. If you have any questions regarding your job description or the scope of your duties, please speak with your direct Supervisor. 2:11 Employment Testing Waterloo Fiber 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 Waterloo Fiber 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 their review. Performance is generally reviewed annually, near your anniversary date, by your Supervisor and the Department Head and/or General Manager as deemed appropriate. The performance review will be discussed, and both the employee and their 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) At the discretion of management, Waterloo Fiber 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 13 conduct and/or work requirements as specified by their Supervisor and Waterloo Fiber. 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 Waterloo Fiber and at -will 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 Waterloo Fiber maintains a personnel file for each employee of the Utility. 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 Waterloo Fiber 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. Only the General Manager and department heads who have a legitimate reason to review the information in these files are allowed to do so. All requests by an outside party for information contained in your personnel file must be directed to the General Manager, who is the only authorized individual to give out such information. It is the intention of Waterloo Fiber that confidential information not be released to any outside source unless required by statute, legal proceeding, or an appropriate court order. However, Iowa Code section 22.7(11) requires us to release an employee's name, department, job title, hire date, bargaining unit, monetary compensation, and other resume -type information if it is requested. Pursuant to Iowa Code section 22.7(11)(a)(5), if an employee is demoted, discharged, or resigns in lieu of being discharged, that fact is a public record, as well as the documented reasons and rationale for that action. All information contained in an employee's personnel file (except letters of reference received or furnished or reference checks performed by Waterloo Fiber) is available for inspection by the employee to whom the file relates, and the file can be reviewed by making an appointment with the General Manager. If an employee disputes any information in the file, they 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 the General Manager 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 the General Manager of any changes which affect their employment or benefit status, including changes in the following, within 30 days of the change: 14 • 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 • 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 Utility business 2:14 Ending Employment Resignation At -will employees who desire to resign in good standing from the Utility service shall provide written notice to their Department Head 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. Employees with an employment agreement who desire to resign in good standing from the Utility shall provide prior written notice according to the terms of the agreement. In certain circumstances, it is possible an employee will not be allowed to return to work for the period of given notice or may be terminated. Employees who voluntarily separate from Utility 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. An employee who terminates employment for reasons other than retirement may not use accrued benefit time to extend their 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 Utility -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, consistent with applicable law or regulation. Severance Notice Employees who have completed their introductory period may be given 30 days' written notice prior to termination, unless the termination is for cause. Utility -Owned Property On or before the final day of employment, employees will be expected to return all Utility - owned property in good working condition, such as keys, cell phones and electronic devices. If a former employee fails to return Utility -owned property in a timely manner, Waterloo Fiber will invoice the former employee for the cost of the property. 15 Final Paycheck If you leave your employment at Waterloo Fiber 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 they may have become eligible at a date subsequent to termination of employment. Exit Interviews The Utility reserves the right to hold an exit interview when an employee leaves Waterloo Fiber 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 Waterloo Fiber 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 their position with the Utility, or who failed to give at least proper notice based on their position may be considered ineligible for rehire. In order to be considered for reemployment, an application or resume must be submitted to the Utility, and the applicant must meet all minimum qualifications and requirements of the position, including any qualifying exam(s). Approval from the General Manager, and the Department Head in certain situations, 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 Waterloo Fiber 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 Utility. 16 2:15 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. Waterloo Fiber will comply with Iowa Code Chapter 35C.6 regarding termination of veterans. 17 Section 3: Policies and Expectations 3:1 Confidential Information Policy This policy is intended to provide Waterloo Fiber 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. Security and confidentiality of Confidential Information is of the utmost importance at Waterloo Fiber. It is the responsibility of every employee to respect and maintain the security and confidentiality of Confidential Information. For purposes of this policy, "Confidential Information" means Competitive or Proprietary Information (which includes but is not limited to Trade Secret information and information Waterloo Fiber is authorized to keep confidential pursuant to Iowa Code § 388.9) disclosed to an individual employee or known to that employee as a consequence of the employee's employment at Waterloo Fiber, is not generally known outside of the Utility, or is protected by law, and the release of such information could result in negative financial impacts or competitive actions, productivity loss, or which could cause legal or other non -beneficial or adverse impacts on Waterloo Fiber. Confidential Information includes but is not limited to Confidential Records (which is a record or other information that, notwithstanding Iowa Code § 22.2(1), the Utility is required or authorized to keep confidential). Examples of Confidential Information include any communication, information, compilation, composition, or narrative in any media format — whether oral, printed, or electronic, including in databases or on papers. Confidential Information includes, but is not limited to — Confidential Records as defined in the Utility's Confidential Information Policy, 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 software, hardware, network or IT system or technology -related information; Waterloo Fiber financial and account information; and other trade secret or non-public competitive or proprietary information of or maintained by the Utility such as legal documents, research data, and information protected by law or by agreement. Individual offices, departments, or programs may have additional types or kinds of information that are considered "Confidential Information" and are covered by this policy. Each employee shall have the following responsibilities under this policy: 1. During 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 Waterloo Fiber. An employee must comply with all applicable state and federal laws and Utility 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); Waterloo Fiber 18 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 Waterloo Fiber. If materials or property containing Confidential Information are removed from Utility workspaces, the employee must safeguard the materials/property and control access as necessary. This responsibility to safeguard and control access to materials and property similarly applies to any telework/remote access situation as provided in Waterloo Fiber policy 4:6 "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 Utility 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 direct Supervisor or other appropriate Waterloo Fiber personnel, such as the General Manager. 6. Each employee must promptly report to the employee's direct Supervisor any known violation of this policy, other Waterloo Fiber confidentiality or privacy policies, or federal or state confidentiality or privacy laws, by a Utility employee. The requirement to comply with the Waterloo Fiber Confidential Information Policy continues after an employee has terminated and/or separated from employment with the Utility. Violation of this policy may result in disciplinary action, up to and including termination of employment, and may subject the violator to civil liability. Media Inquiries The only people authorized to speak to the media on behalf of Waterloo Fiber is the General Manager or a designee specifically authorized by the General Manager for this purpose. Employees should not speak to any member of the media on Waterloo Fiber's behalf but should instead refer any and all media requests to the General Manager. 19 3:2 Professional Conduct Waterloo Fiber 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 Utility 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, which includes personal phone calls. • Keeping work areas neat and orderly. • Ensuring your conduct while using electronic media does not violate Utility policy. No employee conduct should engender justified unfavorable criticism of Waterloo Fiber. 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 Waterloo Fiber 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 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 Utility 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 Waterloo Fiber is "An Equal Opportunity Employer" or an abbreviation thereof. You may contact the General Manager with any questions related to this policy. 20 3:4 Disability Accommodation Waterloo Fiber complies with the Americans with Disabilities Act (ADA), the Pregnancy Discrimination Act, the Pregnant Workers' Fairness Act, and all applicable state and local fair employment practices laws. Additionally, the Utility 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, Waterloo Fiber 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 Utility. 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, Waterloo Fiber 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 and enable you to perform the essential duties of your position. Where appropriate, we may need your permission to obtain additional information from your medical provider. All medical information received by Waterloo Fiber in connection with a request for accommodation will be treated as confidential. 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. Waterloo Fiber will not discriminate or retaliate against employees for requesting an accommodation. You may contact the General Manager with a request for accommodation. 3:5 Pregnant Workers Fairness Act Under the Pregnant Workers Fairness Act, pregnant workers shall not be discriminated against based on their pregnancy or childbirth complications. Employees with needs related to pregnancy, childbirth, or related conditions (including lactation), may request a reasonable accommodation to enable them to perform their job. The Utility will provide reasonable accommodations for needs related to pregnancy, childbirth or a related medical condition so long as the requested accommodation does not impose an undue hardship on the Utility, and if the requested accommodation does impose an undue hardship the Utility will work with the employee in good faith to identify alternative accommodations that are equally effective and do not cause an undue hardship. The Utility will not deny employment opportunities or take adverse employment action against otherwise qualified applicants or employees who request or use such reasonable accommodations. 21 3:6 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 their 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 notify your Department Head and speak with the General Manager. 3:7 Anti -Harassment and Anti -Discrimination Statement Waterloo Fiber 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, Waterloo Fiber 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 Waterloo Fiber. 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 Utility time, using Utility -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. 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; 22 • 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 Waterloo Fiber or are participating as an employee of Waterloo Fiber. Complaint Procedures When possible, Waterloo Fiber encourages individuals who believe they are being subjected to such conduct to promptly advise the offender that their behavior is unwelcome and request that it be discontinued. Often this action alone will resolve the problem. However, Waterloo Fiber recognizes that an individual may prefer to pursue the matter through formal complaint procedures, which is always an acceptable option. Waterloo Fiber encourages any employee who believes that they have observed, been the subject of, or is being subjected to discrimination and/or harassment to immediately report the incident to their immediate Supervisor. If for any reason the employee does not wish, or is unable, to report the incident to their immediate Supervisor, the employee should immediately report the incident to their Department Head (if the Department Head is a different individual from the immediate Supervisor) or the General Manager, so that we can take whatever action is necessary to correct the problem. Any Utility management representative who witnesses, hears about, or receives a complaint of any inappropriate conduct is required to immediately report any incidents to the General Manager. Once a complaint has been made, management 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 Utility's ability to conduct a full, impartial investigation. 23 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 Utility will take immediate and proportionate corrective action, if it has been determined that harassment has occurred. Retaliation Waterloo Fiber 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 General Manager. 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 General Manager, may be subject to disciplinary action, up to and including termination of employment. 3:8 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 Waterloo Fiber 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 the General Manager. Conflicts of interest could arise in the following circumstances: • Owning or having a substantial interest in a supplier or contractor. • Using Utility property, information, or business opportunities for personal gain. • Having another job that interferes with your work at Waterloo Fiber. • Nepotism, employment of relatives, and employment of individuals who have a personal relationship with a current employee, where that familial or personal relationship causes (or has the potential to cause) a negative impact to Waterloo Fiber. • Serving as a board member for a competitive telecom utility or organization. Contracts Supported by Federal Funding It is the policy of Waterloo Fiber that a written code of conduct be applicable to those employees associated with contracts supported by Federal funds. This policy shall apply to all employees, officers, or agents of the Utility engaged in the award and/or administration of contracts supported by federal or state grant funds. 24 No officer, employee, or agency of the Utility 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 their 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 Utility'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 Utility'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 Waterloo Fiber determines that an employee's other employment interferes with their performance at Waterloo Fiber, 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 Waterloo Fiber. This prohibition also extends to the unauthorized use of any Utility tools or equipment and the unauthorized use or application of any Utility confidential information. Relatives in the Workplace This policy applies to hiring and employment decisions (transfers, promotions, demotions, or reassignments) affecting all Waterloo Fiber employees, including regular full-time and part-time employees and temporary employees, and all applicants for employment with Waterloo Fiber. 25 It is the policy of Waterloo Fiber 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 Waterloo Fiber's policy to develop employment practices that create and maintain constructive working relationships, and which also protect the individual and Waterloo Fiber by establishing certain safeguards against conflicts of interest, whether real or perceived. To this end, anti -nepotism rules effectuate rational workplace goals: avoid conflicts of interest between work -related and family -related obligations; reduce favoritism or even the appearance of favoritism; and prevent family conflicts from affecting the workplace. Waterloo Fiber therefore retains the right to refuse to appoint a person to a position in the same department wherein their 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 General Manager, 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 Utility (unless the Board of Directors 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 Utility. 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 26 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. 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 Utility employment. 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. 5. Any employee whose status changes due to marriage or other action which falls under this policy must inform their Department Head within ten (10) calendar days of the occurrence of the change in status. 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 Waterloo Fiber, 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 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 their employment, the Utility shall provide an attorney of the Utility's choice and at the Utility's expense to represent the employee. In the event that a punitive damage claim is alleged against an employee, however, the Utility reserves the right to determine whether it shall pay the cost of representation. 3:9 Solicitation, Distribution, and Posting of Materials Waterloo Fiber prohibits the solicitation, distribution, and posting of materials on or at any of the Utility'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: 27 • Non -employees may not solicit employees or distribute literature of any kind on any Utility 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 Utility 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 Utility 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 General Manager. The sole exceptions to this policy are charitable and community activities supported by Waterloo Fiber'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 General Manager. Employees who violate this policy are subject to disciplinary action, up to and including termination of employment. 3:10 Cellular Phone Use Waterloo Fiber 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 recording capability, you are restricted from using those functions at any of the Utility's workspaces unless authorized in advance by management. Hand-held cell phone use will not be permitted while operating a Utility vehicle or while driving a personal vehicle for Utility 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. 3:11 General Vehicle Use For the purposes of this policy, Utility vehicles include any vehicle titled by the State of Iowa in the name of Waterloo Fiber. Utility vehicles are only to be used by approved employees for approved business purposes. We have invested in our Utility vehicles and 28 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 Utility insignia on both front door panels (or as appropriate). 2. 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 Utility vehicle or their own personal vehicle for Utility business are required to have a valid driver's license and personal auto insurance coverage. Those employees who regularly drive for Utility 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 Utility business must be reported immediately to the General Manager. When driving a Utility vehicle or a personal vehicle for Utility business, employees are expected to drive safely and courteously and observe all traffic laws. Traffic violation fines received while driving the Utility vehicle or for Utility business will be the responsibility of the driver, not the Utility. Additionally, you may not smoke in Utility vehicles, or drive a Utility vehicle or a personal vehicle for Utility 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. Waterloo Fiber requires safe use of cell phones by employees while driving on Utility time. The following rules apply to any employee operating a Utility vehicle or a personal vehicle while on Utility 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 Utility 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. Waterloo Fiber does not condone employees using hand-held cell phones while driving. If a Waterloo Fiber employee is on standby, they are allowed to take home a Utility vehicle. Individuals not employed by Waterloo Fiber are prohibited from driving a Utility vehicle. Violation of rules related to vehicle use may lead to disciplinary action, up to and including termination of employment. 3:12 Personal Use of Utility -Owned Vehicles The purpose of this policy is to clarify the use of Utility -owned vehicles by Utility employees for personal use. Internal Revenue Service (IRS) Code Section 62[c] and the Family Support Act of 1988 require the Utility to withhold federal income tax and Social 29 Security tax [FICA], unless the Utility adopts a written policy statement restricting the personal use of a Utility -owned vehicle. This policy is designed to prohibit the personal use of Utility -owned vehicles. Upon adoption, the policy will qualify as "sufficient evidence corroborating the Utility's own statement" making record -keeping by both the Utility and employee unnecessary when using a Utility -owned vehicle. If an employee uses a Utility -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 Utility officials and employees, including board members. This policy is intended to establish Utility -wide policy but does not prevent individual departments/divisions from establishing stricter guidelines as they pertain to this policy. The term "Utility -owned vehicle" shall mean any vehicle titled by the State of Iowa in the name of Waterloo Fiber. Prohibited Uses of Utility -Owned Vehicles The overall intent of this policy is to not allow personal use of Utility -owned vehicles. The following are examples of prohibitive uses of Utility -owned vehicles but it is not an exhaustive list: 1. Vehicle use is not permitted for commuting to and from work (unless exempted below), or 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 Utility -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 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]: • Bucket trucks, cherry pickers, cement mixers, dump trucks, flatbed trucks and qualified specialized utility repair trucks; and • 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 Utility must keep a log of all mileage for the vehicle. The personal mileage must be determined, and that use 30 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. 3:13 Driver's License and Accident Policy An important objective of this policy is to allow the Utility to evaluate, manage, and mitigate its liability risks arising from employee conduct relating to motor vehicle operation. Many positions at Waterloo Fiber 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 Utility job requires them 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 Utility duties and, accordingly, could be subject to discipline up to and including termination from employment. In addition, the Utility is also concerned with tracking all work -related accidents involving Utility 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 Utility reserves the right to discipline an employee as set forth in this policy, as applied in conformity with the Utility's separate disciplinary policy. General Concepts For purposes of this policy, the following concepts shall control: 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 Utility'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 Utility vehicle or in which a moving Utility vehicle caused personal injury or property damage of any nature or 31 degree. An employee was "at -fault" for the accident if they were 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 Utility'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 they have 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 Utility 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. 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. 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 Utility vehicle or while driving a non -Utility vehicle on Utility business, if the accident resulted in personal injury requiring treatment away from the scene, damage of more than $2,500 to a non -Utility vehicle or property, or damage to a Utility 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 Utility accident review 32 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 -Utility vehicle or property, or damage to a Utility 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 Utility 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 their job, the employee must notify their 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 Utility vehicle or while driving any vehicle during working hours, the employee must notify their Supervisor of such accident immediately in accordance with the Utility's "Accident Review Policy" below. An employee who fails to promptly notify their 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 Utility vehicle without a valid driver's license, or who drives a personal or non -Utility vehicle while on Utility business without a valid driver's license, will be subject to immediate termination from Utility 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 Utility 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 Utility 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. 33 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 Utility (e.g., ignition interlock device), then the employee may be restored to their former position, provided that the position is still vacant. The Utility 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 their 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 their position. A Group 2 employee who is required to drive as an incidental function of their 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 Utility 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 Waterloo Fiber's attorney, to indemnify and hold harmless the Utility from liability. If the employee cannot meet the above requirements, then they will be subject to appropriate disciplinary action. No Utility employee who is on duty shall drive or transport another Utility 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 their 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 and the General Manager. Evaluation may result in no disciplinary action or disciplinary action that conforms to the Utility's progressive discipline policy. These factors for evaluation may include, but are not limited to, the following considerations: 34 a) Whether the employee is in introductory 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 Utility employment. h) The employee's commitment to obtain rehabilitation, if necessary, if the employee has lost driving privileges due to an alcohol or substance abuse offense. i) Manner in which the Utility 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 Utility 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 loss of license, was preventable on the part of the employee. n) The Utility's exposure to liability. o) Any added costs to the Utility 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 their 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 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. 3:14 Accident Review Policy The purpose of Waterloo Fiber Accident Review Policy is to provide the framework for the uniform and objective review of all accidents involving Utility employees who are operating Utility vehicles or equipment. Scope The General Manager 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 Utility employees, Utility vehicles, and Utility 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: 35 A. Review damage done to other Utility 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 General Manager and Utility 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 -Utility equipment or property? E. Did the accident result in injury, medical bills, etc. to citizens or other Utility employees? F. Was a ticket issued by a law enforcement agency? General Provisions Every driver engaged in operating Utility equipment or vehicles is required to promptly report any accident in which they are involved while operating a vehicle on Utility business. This includes reporting any contact between the Utility 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. 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 General Manager 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 General Manager, 36 Department Head, 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. 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. 37 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. 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: 38 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: 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. 39 6. Driver was in violation of Utility 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 their system as outlined in the Utility'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 Committee will determine whether the driver could have reasonably taken other actions, which would have avoided the accident. 3:15 Purchasing Policy Expenditure Pre -Authorizations 1. Employees shall submit Expenditure Pre -Authorization Request Forms to the General Manager or for any payment, purchase or expense amounting to $2,500 or more for review and authorization prior to any commitment or obligation for the expenditure on the part of Waterloo Fiber. Purchase or expense amounting to $10,000 or more must be approved by the General Manager and by the Waterloo Fiber board. 2. Requests for blanket pre -authorization may be made for a specified period or certain dollar amounts and will be considered for approval to cover high volume supplies, parts and materials that are consumed in large quantities continuously or in an emergency occurrence and which would not be expeditiously considered in an individual item review. Blanket pre -authorizations may also be requested for regular and recurring expenses such as services under contract. (For example, once there is a contract for supplying ONT's, subsequent invoices for ONT purchases would not require preauthorization for the duration of the contract.) A copy of the approved contract should be attached to the blanket pre -authorization request. As subsequent invoices are sent to the Bookkeeper for payment, a copy of the approved blanket pre - authorization should be attached to the payment voucher and invoice. 3. Expenditure Pre -Authorization Requests shall not be required for the following types of routine, recurring expenditures: a. Utilities, such as gas, electric and phone b. Insurance premiums and claims c. Fuel d. Publishing costs for official actions e. Commonly used electronics (ONT's, cable boxes, etc.) 4. Expenditure Pre -Authorization Requests shall not be required for capital improvement projects that have been previously approved by the Waterloo Fiber Board. 40 5. Expenditure Pre -Authorization Requests shall not be required for items to vendors that are specifically approved in the budget as presented to the Waterloo Fiber Board. A copy of the approved budget spreadsheet should be attached to the payment voucher when it is provided to the General Manager for payment. General Procedures This policy will apply to all purchases and construction projects, regardless of whether the project is a "public improvement" as defined by Iowa Code § 26.2. The procedure to be followed will be that set out in Iowa Code Chapter 26 and Iowa Code § 384.103,. A contract for public improvement must be awarded to the lowest responsive, responsible bidder. However, contracts relating to public utilities or extensions or improvements thereof, as described in Iowa Code §§384.80 through 384.94, may be awarded by Waterloo Fiber as it deems to be in the best interests of Waterloo Fiber. Competitive bidding and quotations are not required for professional service contracts. Architectural, landscape architectural, or engineering design services procured for a public improvement are not subject to competitive bids and quotations. 1. PROJECT OF $2,500 OR LESS: When the estimated cost of a purchase or project is $2,500 or less, no bidding procedure is required. It is suggested that the supervisor or department head use their discretion in authorizing the project or purchase. 2. PROJECTS OF $2,500.01 UP TO $50,999.99: When the estimated cost of a purchase or project ranges from $2,500.01 to $50,999.99, bidding or quotation procedures may be used in which requests for written bids or quotations are submitted to at least two prospective contractors unless a Waterloo Fiber official in charge of said bids or quotations states in writing that less than two prospective bidders are available. Other forms of verifiable price comparison may be substituted. Quoted prices should be documented in written form and included with the pre -authorization request when submitted to Waterloo Fiber Board for approval. consideration should be given for purchasing goods or services from a locally owned business within Waterloo which offers these goods or services if the cost and other considerations are relatively equal. 3. PROJECTS OF $51,000 TO $100,000: When the estimated total costs of a project range from $51,000 to $100,000, Waterloo Fiber shall obtain quotations for the work from at least two contractors regularly engaged in such work prior to letting a contract. If the work can be performed by an employee or employees of Waterloo Fiber, Waterloo Fiber may file a quotation for the work to be performed in the same manner as a contractor. If no quotations are received after making a good faith effort to obtain quotations from at least two contractors regularly engaged in such work, Waterloo Fiber may negotiate a contract with a contractor regularly engaged in such work. Waterloo Fiber may also proceed, in lieu of competitive quotations, as if the total cost of the public improvement exceeds the competitive bid threshold of $100,000. Quoted prices should be documented in written form and included with the pre -authorization request when submitted to Waterloo Fiber Board for approval. 41 4. PROJECTS EXCEEDING $100,000: When the estimated total cost of a public improvement project exceeds the sum of $100,000, Waterloo Fiber shall issue requests for proposals and advertise for sealed bids by posting a notice to bidders as provided in Iowa Code § 26.3 and § 26.7, except that notice to bidders may be published not less than thirteen (13) and not more than forty-five (45) days before the date for filing bids. 5. VEHICLE OR EQUIPMENT PURCHASES: It is recognized that during the startup phase of Waterloo Fiber, immediate need for a vehicle or equipment may be required. Waterloo Fiber may, by Waterloo Fiber Board approval, authorize the purchase of vehicles or equipment from dealer lots. 6. PUBLIC HEARING: When the estimated total cost of a prospective bid exceeds the threshold listed in Iowa Code § 26.3 or the adjusted amounts listed in § 314.1B, Waterloo Fiber shall not enter into a contract until it has held a public hearing on the proposed plans, specifications, form of contract, and estimated costs, with notice as provided in Iowa Code § 362.3. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated costs of the improvement. After hearing objections, the governing board shall by resolution enter its decision on the project. See Iowa Code § 26.12. 7. PUBLIC IMPROVEMENT AND PERFORMANCE, MAINTENANCE, OR SECURITY BONDS: In any project with an estimated value of $25,000 or more, involving any building or construction work, Waterloo Fiber shall require a security bond in a minimum amount of five percent (5%) with each bid. Bonds are to be by cash or by an insurance carrier recognized and approved by the State of Iowa or approved by Waterloo Fiber. See Iowa Code § 26.8 and Iowa Code Chapter 573. NOTE: Bid security is not required for the purchase of vehicles. 8. NOTICE TO BIDDERS: Notice to bidders shall be as set out in Iowa Code § 26.7. Bids will be solicited from local vendors whenever possible. Vendors should submit a letter requesting they be included on Waterloo Fiber's vendors list and said letter should include name of business, address, telephone number and type of product/merchandise for which they wish to make a bid/quote. 9. GENERAL SERVICES CONTRACTS: When Waterloo Fiber wishes to purchase an item that has been bid by the State of Iowa, Department of Administrative Services, under the provisions of Iowa Code § 8A.311, Waterloo Fiber, after hearing, may forgo any other bidding and accept the terms of the contract entered into by the State with the respective bidder. 10.COMPETITIVE BIDDING NOT REQUIRED FOR PROFESSIONAL SERVICE CONTRACTS: Although bidding is preferred when obtaining professional services, this Policy does not require it. Professional services may turn on subjective elements that are not susceptible to formulation in the bidding process. 42 11. EMERGENCY REPAIRS: When emergency repair or replacement is necessary and the delay of advertising and a public letting might cause serious loss or injury to Waterloo Fiber, Waterloo Fiber shall by resolution make a finding of the necessity to institute emergency proceedings under Iowa Code § 384.103 and shall procure a certificate from a competent registered professional engineer, architect, or professional or expert in the field affected by the emergency certifying that emergency repairs are necessary. 3:16 Credit Card Policy These guidelines establish Waterloo Fiber's basic policies and procedures for using credit cards in making supply and service purchases on behalf of Waterloo Fiber and paying for travel expenses when on Waterloo Fiber business as outlined in the Travel and Meeting Policy. Objectives By using credit cards instead of other payment options, we hope to: • Reduce procurement and payment processing costs. • Improve vendor relations by making "doing business" with Waterloo Fiber easier. • Take advantage of cost -saving opportunities by purchasing on the Internet and through catalogs. Adoption and Implementation. The Waterloo Fiber Board is responsible for adopting Waterloo Fiber's credit card policy and for approving any significant policy revisions to it. The General Manager is responsible for developing administrative procedures as needed to implement the guidelines. In this role, the General Manager is authorized to make minor administrative changes to the guidelines if they are intended to carry out the purpose of these guidelines and will not have any significant policy impacts. These are overall guidelines for Waterloo Fiber. The General Manager may implement more restrictive guidelines but may not adopt any that are more liberal. It is expected that all guidelines and procedures will be observed consistently. Summary. Some level of risk is inherent in expanding credit card use in conducting Waterloo Fiber business, and we should recognize this. However, there are also significant advantages, and with reasonable internal controls and exercise of good judgment by cardholders, we believe these advantages outweigh the underlying potential for abuse. POLICIES • The General Manager or appointed Waterloo Fiber officials will be responsible for distributing Waterloo Fiber credit cards to employees as needed and be responsible to monitor proper use of credit cards by employees as well. Before receiving and/or using a Waterloo Fiber credit card, employees will sign a Credit Cardholder Use Agreement to be held on file in their personnel record and with the General Manager. • The General Manager will set credit card limits up to $5,000. Based on written justification by the employee, the General Manager may approve credit limits in excess of this amount. The General Manager may also set "per transaction" limits at 43 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 the threshold that would otherwise require competitive bidding. • Credit cards may be used in paying for travel expenses. However, Waterloo Fiber's Travel and Meeting Policy still apply to all such credit card payments, including the use of Travel Requests and per diem amounts. • Employees will not use Waterloo Fiber credit cards to obtain cash advances for any reason. Doing so —even if the intent is to reimburse Waterloo Fiber later and even if the cash is used for legitimate Waterloo Fiber expenses —will result in disciplinary action, up to and including termination. • Employees will not use Waterloo Fiber credit cards for personal expenses even if the intent is to reimburse Waterloo Fiber later. Doing so —even if the intent is to reimburse Waterloo Fiber later —will result in disciplinary action, up to and including termination. Note: 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 by the cardholder at the time the credit card billing is submitted for payment. Standard Way of Doing Business. Using credit cards is not a "special way" of purchasing supplies and services on behalf of Waterloo Fiber; for certain purchases, it is a standard way of doing business. For those employees assigned Waterloo Fiber credit cards, purchasing supplies and services on behalf of Waterloo Fiber is an integral part of their job duties, and failure to follow Waterloo Fiber policies and procedures regarding the use of Waterloo Fiber cards is no different from failure to follow policies and procedures in any other aspect of their job. PROCEDURES Requesting Credit Cards. Employees should submit credit card requests to the General Manager with a completed Credit Cardholder Use Agreement to approve cardholders and set credit card limits. The employee will need to include supplemental justification for credit limits in excess of $5,000. Criteria. The General Manager should consider the following factors in approving credit card use for their staff and setting credit limits: • Ability to hold the employee accountable for purchases made on the card. • 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. This additional discretion and increased potential for abuse should also be considered in approving credit cardholders. • Frequency of use, diversity of vendors and dollar value of purchases made by the employee. 44 Cardholder Use Agreement. Before receiving a credit card, employees will sign a "Credit Cardholder Use Agreement" setting forth their obligations under this program. Competitive Bidding. Waterloo Fiber'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 Waterloo Fiber's purchasing policies, this means expenditure pre -authorizations should be obtained for purchases in excess of $2,500, and travel request approval should be obtained for travel expenditures. Timely Payment. Employees are responsible for ensuring that payment vouchers with appropriate supporting documentation are provided to the General Manager prior to the due date for payment. To avoid posting errors, administrative charges and late fees, Waterloo Fiber 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. The Bookkeeper will notify the General Manager of any such instances of late or inaccurate payment submittals. After reviewing the circumstances, the General Manager will execute 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 Bookkeeper or General Manager are notified immediately of any disputed charges. Standard forms (provided by the issuing bank) are available from the Bookkeeper 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. Waterloo Fiber'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 detailed receipts) along with detailed 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 Bookkeeper are notified immediately if the card is lost or stolen. Standard forms (provided by the issuing bank) are available from the Bookkeeper for this purpose. Failure to do so may result in making the cardholder responsible for any fraudulent use of the card. Disciplinary Action. Department heads and the General Manager are responsible for all 45 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 the supervisor or the General Manager. The General Manager is responsible for retrieving the credit card when an employee separates from Waterloo Fiber. Use of the credit card for any purpose after its surrender is prohibited. SUMMARY These guidelines cannot cover every issue, exception or contingency that may arise in using Waterloo Fiber credit cards. Accordingly, the basic standard that should always prevail is to use common sense and good judgment in the use and stewardship of Waterloo Fiber resources. 3:17 Social Media At Waterloo Fiber, 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 Utility, you are expected to follow, at minimum, our guidelines for appropriate use of social media. This policy applies to all employees who work for the Utility. 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 Utility, as well as any other form of electronic communication. Utility 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 Utility. 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 Utility 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 46 unlawful, slanderous, threatening, or that might constitute unlawful harassment. Examples of such conduct to be avoided 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 Utility policy. Your personal posts and social media activity should not reflect upon or refer to the Utility. Maintain Accuracy and Confidentiality When posting information: • Maintain the confidentiality of trade secrets, intellectual property, customer information, and confidential information related to the Utility. • Do not create a link from your personal blog, website, or other social networking site to a Utility website that identifies you as speaking on behalf of the Utility. • Never represent yourself as a spokesperson for the Utility. If the Utility is a subject of the content you are creating, do not represent yourself as speaking on behalf of the Utility. 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 Utility. 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. 3:18 Electronic Usage Policy Waterloo Fiber provides various technology resources to authorized employees to assist them in performing their job duties. Each employee has a responsibility to use the Utility's technology resources in a manner that increases productivity, enhances the Utility'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 Utility'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 Utility workspace premises, • Accessed using Utility computer equipment or from Utility -provided access methods such as virtual private network (VPN), and/or 47 • Used in a manner which identifies the individual with the Utility (including Utility provided cell phones or mobile devices or Utility business performed on personal cell phones or mobile devices). Scope This policy is established for and shall be followed by all employees. 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 Utility policies and contrary to the Utility's interest. 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 Utility technology staff at any time. Types of usage that may be monitored includes but is not limited to: • 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 Utility 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 (IT) Representative for specific instructions. All software on Utility computers is owned or licensed by the Utility. No software on these systems may be copied, distributed or used on any other systems without consent of the IT Representative or designee specifically authorized for this purpose. No software may be downloaded, installed, distributed from or copied to these or any other systems without the approval of the IT Representative or designee specifically authorized for this purpose. Employees must respect the confidentiality of other people's electronic information. Employees should use only their Utility 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 General Manager, IT Representative, or designee specifically authorized for this purpose. Use of generic login names on shared computers may be appropriate in certain circumstances but should be approved by the IT Representative or designee specifically authorized for this purpose. 48 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 Utility. 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 IT Representative 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 IT Representative. Viruses and malware (malicious software) are rampant on the internet and great care should be taken to assure Utility owned computers are not affected. All Utility 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 IT Representative or designee. • Never attach a device with unknown origin to the Utility network. • Contact the IT Representative 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 Utility will advise appropriate legal officials of any illegal violations. 3:19 Disciplinary Process and Procedures It is our expectation that all employees will perform their jobs satisfactorily and comply with the Utility's rules and policies. However, if an employee does not satisfactorily perform their job; violates the Utility's rules or; in the opinion of the Utility, interferes with or adversely affects our business; the Utility may implement progressive disciplinary action. Some conduct that may result in disciplinary action and/or immediate termination of employment include the following: 49 • Refusing or failing to carry out reasonable job assignments. • Ignoring established procedures and protocols for handling customer interactions. • Dismissing customer concerns, delaying customer follow-up, or failing to escalate issues to a supervisor or the proper department within a reasonable timeframe. • Failing to provide accurate product information or service details to customers. • Ignoring repeated requests for assistance from customers or colleagues. • 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. • 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 Utility. • Operating Utility 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 Utility of loss of any such license or permit. • Theft from another employee or the Utility, including falsification of your working time. • Discrimination and/or harassment. • Engaging in unprofessional behavior when interacting with customers, including but not limited to: Using inappropriate language, interrupting customers, arguing with customers, showing disinterest, eye rolling, sighing loudly, using vulgar or condescending language, sarcasm, speaking impatiently, or making personal attacks. • Provoke or otherwise share justified unfavorable criticism of Waterloo Fiber. • Serious misconduct, including but not limited to conduct, whether personal or professional, that may bring public embarrassment or disgrace to the Utility, including a negative interaction with a customer, prospective customer, or member of the public. • Using customer data for personal gain and/or inappropriately. • Disregard for safety policies and procedures, including proper use of safety gear, clothing or equipment. • 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 Utility. • 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 their job effectively. • Fraud. • Making false statements on a job application or other employment record. • Failing to protect Confidential Information and Trade Secrets of the Utility. 50 • Failing to abide by the requirements of the Employee Handbook, a non -disclosure agreement, or the requirements of the Utility's Confidential Information Policy. • Failing to cooperate in workplace investigations. • 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 Utility'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 Utility 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. Waterloo Fiber 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 Utility, 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 introductory 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 Utility's disciplinary policies or procedures changes an at - will employee's right to terminate their employment with Waterloo Fiber at any time, with or without notice, for any or no reason, nor does it modify the Utility's right to terminate any at -will employee's employment at any time, with or without notice, for any reason not prohibited by law. Waterloo Fiber, pursuant to Iowa Code §§ 22.15 and 22.7(11), advises that information placed in an employee's personnel record as a result of disciplinary action may become a public record, including the fact that an employee was discharged, demoted or resigned 51 in lieu of being discharged, in addition to any documentation showing the reason or rationale for the discharge, demotion or resignation in lieu of discharge. 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 Waterloo Fiber, 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 -Exempt Employees" for more information. Full-time employee: an employee who is regularly scheduled to work the Utility's full- time schedule of 40 hours per week. 53 Part-time employee: an employee who is regularly scheduled to work less than the Utility's full-time schedule of 40 hours per week. Regular employee: an employee who is not in a temporary status, is not classified as an intern, and has successfully completed the 90-day introductory period. Introductory employee: an employee who is not in a temporary status, is not classified as an intern, and has not yet successfully completed the 90-day introductory 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 their department based upon the operational needs of the department. 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 recognized that it may be necessary to establish work schedules other than as defined above in certain situations. 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 their scheduled workday. Your 54 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 Waterloo Fiber 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 two (2) weeks 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, at least one (1) hour before the start of your shift. 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 Utility each day prior to the approval will result in those absences being recorded as no -call, no-show absences. If an unexpected absence consists of three (3) or more consecutive shifts, you must provide a doctor's release prior to returning to work. 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 Utility 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 their 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 work from home, or utilize vacation or casual time to cover the absence. Utility -Related Events From time to time, Waterloo Fiber may require your attendance at a Utility -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. 55 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 Breaks and Lunches Rest Breaks Employees are generally permitted a 15-minute rest break in the morning and a 15-minute rest break in the afternoon. Rest breaks should occur near the midpoints of the morning and afternoon shifts; rest breaks are not allowed to be `stacked' to create a longer lunch break or to change the start or end time of a shift. Non-exempt employees on rest breaks are not required to report breaks of 15 minutes or less as this time is considered time worked and is compensable; however, rest breaks of more than 15 minutes will be unpaid and non-exempt employees should report this break period on their timecard. Rest breaks are not guaranteed and may be denied due to coverage needs. Employees must check with their Supervisor or Department Head before taking a rest break. Smoking Breaks Since our building is a smoke -free building, we understand that smokers will need to leave the building to find a designated smoking area. However, employees are not allowed to leave the premises during smoking breaks. Absences must be limited to five minutes once in the morning and once in the afternoon. Smoking breaks are not guaranteed and may be denied due to coverage needs. Employees must check with their Supervisor or Department Head before taking a smoke break. Additionally, smoking breaks must run concurrently with any approved rest or lunch break(s) where applicable. Please see Section 5:2 "Smoke -Free Workplace" for more details. Lunch Breaks The office will remain open over the lunch hour for the convenience of our customers; therefore, employees' lunch breaks will be staggered as directed by management. Lunch breaks will be a minimum of 30 minutes but no more than 60 minutes; the duration and timing will be determined by your Supervisor or Department Head. Non-exempt employees are not paid for their lunch breaks and are expected to clock out. Non-exempt employees are not expected to perform any work -related duties while "off the clock" for lunch break unless requested by a member of management. If such a request has been made, non-exempt employees should record their time worked. 56 Break Time for Nursing Mothers For up to one (1) year after a child's birth, any employee who is breastfeeding their child will be provided reasonable break times as needed to express breast milk. Waterloo Fiber will provide a 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 Telecommuting allows certain employees to work remotely when they are on standby. Due to the nature of our work, telecommuting is available only for specific positions at Waterloo Fiber. Employees must gain prior approval from their Department Head and Supervisor to work remotely. On a case -by -case basis, Waterloo Fiber 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 Utility property will be returned to Waterloo Fiber. Waterloo Fiber 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. 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 Waterloo Fiber'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 -Exempt Employees As a public entity, non-exempt employees are eligible for overtime and compensatory time under federal wage and hour laws; exempt employees are not eligible for overtime. 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 a shift differential, for all hours actually worked in excess of 40 in a regular workweek. The FLSA workweek shall begin on Saturday and end on Friday for employees scheduled to a traditional seven (7)-day workweek. 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. All hours worked in excess of 40 in a regular workweek must be accounted for in the pay period the hours are earned and reported to the General Manager on the time card for that pay period. When a non-exempt employee has worked more than their 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. Employees may request compensatory time in lieu of overtime pay. Hours will be accrued at one and one-half times the actual hours worked. The Department Head will consider the employee's request, but will make the final decision whether to pay overtime or allow the compensatory time accrual. Regular part-time employees may accrue straight -time compensatory time for hours above their established workweeks but less than 40 hours. Compensatory time accrued above 40 hours will be at one and one-half times the actual hours worked. Compensatory time may be accumulated up to a maximum of 240 hours. Upon reaching 240 hours of compensatory time, all additional overtime work will be paid. A non-exempt employee covered may only use accrued compensatory hours for sick leave absences after exhausting all sick leave banks. Upon separation from employment or transfer to another department, the employee will be paid for any unused earned compensatory time at the rate of pay upon separation or transfer. However, payment upon transfer shall be made after the employee completes the appropriate trial period in the new job. All, or a portion of the compensatory time balance may be transferred to the new department with mutual agreement of the appropriate department directors. Where 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. 58 4:8 Standby Pay It is the policy of Waterloo Fiber to provide standby pay to employees required to be available for emergency call -ins. This policy applies to non-exempt eligible employees; exempt employees are not eligible for standby pay. Standby is that period of time between regular work hours when an employee, on weekends, holidays, and/or specified days other than scheduled weekends or holidays, is required to respond to all calls for emergency service. While on standby, the employee is required to be available through a portable communication device for all emergency calls and respond in a timely manner to any calls received. Employees on standby are allowed to take home a Utility vehicle. The rate of $40.00 per day will be paid to an employee on a departmental authorized standby schedule. If an employee is called in to work while on standby, they will be paid for all hours worked, including any overtime if their hours worked in the workweek exceed 40, in addition to the $40 per day of standby pay. An employee's standby hours will be determined based on the following schedule: • Between shifts: The standby hours will start at the end of the employee's work shift and continue until the resumption of work at the beginning of the employee's work shift on a regular work day. • A weekend: The standby hours will start at the end of the employee's work shift on Friday, continue through Saturday and Sunday to the resumption of work at the beginning of the employee's work shift on Monday. • Holidays: The standby hours will start at the end of the employee's work shift prior to the scheduled holidays, continue through the authorized holiday schedule to resumption of work on a regular work day. 4:9 Wage Administration Policy For purposes of the annual budget process, the General Manager shall review the wages for employees and submit any recommended equity adjustments and/or general wage increases to the Board of Directors for approval prior to the beginning of the calendar year. Requests from Department Heads for temporary or ongoing individual wage increases to be made outside of the annual budget process shall be submitted to the General Manager for review and approval by the General Manager and Board of Directors. 4:10 Pay Periods and Payday Waterloo Fiber's pay cycle is bi-weekly, and employees will be paid 26 times per year. Waterloo Fiber's pay period runs from 12:00 AM 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. 59 4:11 Payroll Deductions In addition to statutory requirements for the withholding of taxes, Waterloo Fiber 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, Waterloo Fiber 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 the General Manager. Please see the General Manager 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 the General Manager 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. 4:12 Direct Deposit As a condition of employment with Waterloo Fiber, you are required to have your paycheck direct deposited into an account at the financial institution of your choosing. You will be given the necessary paperwork to set up direct deposit of your paycheck during your initial days of employment. 4:13 Travel and Meeting Guidelines; Expenses These guidelines establish the basic policies and procedures for the expenditure of public funds for authorizing attendance, travel and reimbursement of expenses for Utility employees, elected officials, and appointed members of boards and commissions and other individuals traveling on Utility business including the attendance at meetings and all training conferences by all employees and officials. Everyone who travels or attends meetings for Utility business purposes (or supervises someone who does) is responsible for knowing and following these guidelines. These guidelines are organized into seven sections: • General Standards 60 • Planning an Official Trip • Travel/Training Authorizations • Making the Trip • Incurring Non -Travel Expenses • Accounting for Expenses The key documents in the administrative process are the Travel Request (TR) and the Employee Expense Record (EER). Besides ensuring that travel by Utility 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. Adoption and Implementation. The Waterloo Fiber Board is responsible for adopting Waterloo Fiber's travel and meeting guidelines and for approving any significant policy revisions to them. The General Manager is responsible for developing administrative procedures as needed to implement the guidelines. In this role, the General Manager is authorized to make minor administrative changes in the guidelines as long as they are intended to carry out the purpose of these guidelines and will not have any significant policy impacts. These are overall guidelines for the Utility. 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 Utility overall. The meal allowances established in these guidelines allow you to eat in moderately priced restaurants. In all areas, 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 Utility anything in dollars or lost time, or if it will harm the Utility's interests in any way. These guidelines are not intended to address every issue, exception or contingency that may arise in the course of Utility 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 Utility's resources. Planning an Official Trip Who can travel on Utility business? Waterloo Fiber employees, board members, and other individuals performing Waterloo Fiber business may all have reason to travel on official Waterloo Fiber business. In certain 61 cases, others may also travel on behalf of the Utility (for example, trainers traveling to Waterloo to conduct Utility -sponsored seminars). If the individual is included in an approved travel request, they are authorized to travel on behalf of the Utility. How will you travel? When planning the transportation portion of your trip, consider all aspects of cost to the Utility— 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 a city bus, train or airplane unless there is a valid reason for using private transportation. For example, use of a Utility 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 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 or ride sharing services when public transit or other common carriers are not reasonably available. If a car rental is required, you may use a Utility 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 Utility 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 Utility vehicle if one is available. You may use a Utility credit card to purchase gasoline in accordance with the Utility 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 Utility 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 Waterloo Fiber offices be subtracted from the miles traveled. To drive a privately owned vehicle on Utility business you must: • Possess a valid Iowa driver's license. • Carry liability insurance limits required by Waterloo Fiber's General Manager.. • 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 Utility'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. 62 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? 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, Waterloo Fiber'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. 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 Utility 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 Utility'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 Utility 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 63 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 Utility credit card number to confirm reservations. Be sure to cancel any reservations you will not use. If the Utility is charged for an unused reservation, you will pay that charge unless circumstances requiring cancellation were reasonably beyond your control. 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 Utility 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. Will the Utility 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, shoeshines, 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 Waterloo Fiber. 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 Waterloo Fiber and reimbursed by the employee within 30 days after the travel. If unauthorized expenses have been paid by the Utility for any reason, the employee will be responsible for reimbursing the Utility 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 64 Waterloo Fiber if there is a registration fee or other out-of-pocket cost associated with the training. Travel requests must first be approved by the General Manager, except that travel requests of $200 or less only require your supervisor's approval. Travel requests should be submitted as far in advance as possible so that the necessary approvals are obtained prior to the travel date. The General Manager or supervisor 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 seminar, meeting or conference is necessary to accomplish key Utility 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 Utility 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 Utility's resources rest with each Waterloo Fiber employee traveling on Utility business. What if the travel is an emergency? In the rare event that you need to travel on Utility 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 General Manager or a supervisor to make them aware of the emergency travel. The necessary forms should be completed immediately upon your return. Requests for Payments to Vendors There are three ways to pay for travel expenses: direct vendor payments, reimbursements and by Waterloo Fiber -issued credit cards. The methods that should generally be used are direct vendor payments and reimbursements to employees. Direct vendor payments are made by Waterloo Fiber 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 Waterloo Fiber 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 65 there are extenuating circumstances. In the extremely rare event that a cash advance is permitted, the General Manager must review the amount to be sure it is reasonable prior to giving authorization. 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 Waterloo Fiber for any cash advances taken that exceed actual authorized expenses within five 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. Travel/Training Request Forms. There are two fillable PDF forms: one for $200 or less and a second one for over $200. Both are available on the shared drive, or from your supervisor. Make sure you are selecting the appropriate form when requesting travel. Invoices for registration, training, etc. will require an approved travel request. Requests for $200 or less must have the signature of the employee requesting the training/travel as well as the department's signature for approval. Requests for over $200 must go through the General Manager for approval. Making the Trip There are two key "golden rules" to remember about making an official trip: • Keep it official. • Keep records of 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, PTO, 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 Waterloo Fiber'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, and any other reasonable and necessary expenses. Original receipts must be submitted for all expenses other than tips. Detailed receipts, not just stubs or credit card charge slips, must be submitted for meal reimbursements. 66 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: $75.00 When traveling to cities other than those defined as large cities: Total: $50.00 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 daily meal allowance limit. Receipts are not required for tips. However, Utility -paid tips are capped at 18% (unless for a group where the restaurant uses a stated gratuity). Waterloo Fiber 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, supervisors may authorize lower meal allowances. What if I have medically required dietary restrictions and cannot eat the meals provided at a conference? Waterloo Fiber'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, Waterloo Fiber will reimburse the employee for the reasonable cost of 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? 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, Waterloo Fiber reimbursement shall follow these guidelines. If the approving authority determines that 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), Waterloo Fiber will pay the additional costs if the employee chooses to remain at the travel site. If instead the approving authority determines that it's more economical to return home for those days, Waterloo Fiber will 67 not reimburse the employee for the additional lodging and meals for the non-work/class days. Incurring Non -Travel Expenses Waterloo Fiber will pay expenses incurred for such meetings and hospitality as may, from time to time, be determined by the General Manager to be appropriate. Costs for such special occasions will be determined by specific General Manager authorization. Waterloo Fiber will also pay expenses you incur attending meetings or conferences held locally which do not include travel expenditures. In addition, Waterloo Fiber 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 Waterloo Fiber 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 the Bookkeeper in order to receive reimbursement. Travel request forms should be completed to obtain approval for all such meals and food items. Alcoholic Beverages Waterloo Fiber funds should not be used to purchase alcohol or reimburse employees for alcohol -related costs. The General Manager 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 Waterloo Fiber employees. Spouses and Guests Spouses and guests are welcome to accompany you on Waterloo Fiber travel and at conferences, seminars, and meetings. However, any additional costs associated with the participation of your spouse or other guests are your personal responsibility. Guests as Passengers in Utility Vehicles Due to liability concerns, non -Waterloo Fiber employees should not ride as passengers in Waterloo Fiber vehicles when it is not directly related to Waterloo Fiber business. However, department heads may approve exceptions on a case -by -case basis, subject to review by the General Manager. Accounting for Expenses When you return from your trip or official function, a final accounting of all expenses always must be approved by your department head and submitted to the Bookkeeper within thirty 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 Waterloo Fiber. 68 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 Waterloo Fiber for the unused balance of a cash advance, you should pay the amount due to the Bookkeeper 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 Utility). • Any amounts due to the Utility are reimbursed. • Final accounting of all expenses is submitted to the Bookkeeper. Upon approval by your Department Head, the expense report should be processed as follows depending upon the circumstances: • If the Utility owes you: o The expense report should be forwarded to the Bookkeeper, 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 Utility: o The expense report should be forwarded to the Bookkeeper with the receipt attached evidencing payment of the amount due. 69 Section 5: Health and Safety 5:1 Drug -Free Workplace It is the policy of Waterloo Fiber to comply with the Drug Free Workplace Act of 1988 to ensure a drug -free workplace. Employees are a valuable resource. The Utility recognizes that use of illegal drugs, controlled substances, or alcohol in the work place is detrimental to Utility 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 Utility 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 Utility participates in the Substance Abuse Free Environment (SAFE) Program. The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance on the Utility's premises or while in a Utility vehicle, or while conducting the Utility'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 Utility 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 Utility business. A report of conviction must be made to the employee's supervisor within five (5) days after the conviction. While the use of medical marijuana has been legalized under Iowa state law, it remains an illegal drug under federal law; therefore, employees may not consume or be under the influence of marijuana while on duty or at work. If you have a valid Iowa prescription for medical marijuana, refer to the Utility's "Disability Accommodation" policy in Section 3:4 for additional information. Valid Iowa medical marijuana prescriptions are accepted for some employees, excluding CDL employees. 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. 70 5:2 Smoke -Free Workplace In accordance with the Iowa Smokefree Air Act, it is the policy of Waterloo Fiber to prohibit smoking in all Utility buildings and Utility -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: • All employees, citizens, visitors, vendors, contractors, consultants, and other third party visitors to the Utility premises. • All areas of Utility buildings. • All Utility -sponsored, off -site conferences and meetings. • All vehicles owned, rented, or leased by the Utility. 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 Utility 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 themselves with the emergency plans for their 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. Employees serving in job classification requiring PPE shall have the necessary equipment provided for by the Utility in accordance with policies and procedures established by the Utility. Any relevant Safety Data Sheets (SDS) will be available in each location. Failure to follow Utility safety and health guidelines; engaging in conduct that places an employee, another individual, or Utility property at risk; or failure to report work -related 71 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 Medical Examinations for Current Employees The Utility may require employees to undergo medical examinations when the General Manager 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 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 Utility and will be performed by a physician or licensed medical facility designated by the Utility. 5:5 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 they can return to work. A copy of written report must be given to the Supervisor or Department Head. The injury claim cannot be processed without the report. The written report will say one of three things: 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: 72 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 Department Head. 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 standby 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 Department Head. 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 General Manager, physical therapy, x-rays, lab work or other specialized tests or treatment will generally be scheduled at UnityPoint or its affiliates. 8. Occasionally, a referral will be made to a specialist. UnityPoint Allen Occupational Health will choose the specialist with approval from the General Manager. 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. Waterloo Fiber's Utility policy is to accommodate restrictions due to a work -related injury, when applicable. Once an injury has been determined to be work -related, Waterloo Fiber will review any restrictions provided by the treating physician. If the employee is 73 temporarily, partially disabled, Waterloo Fiber 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. Waterloo Fiber's Utility policy regarding non -work -related injuries and illnesses is to not accommodate any restrictions, except those required by law. 5:6 Critical Employees Residency This policy applies to all Utility employees deemed to be critical employees. Waterloo Fiber recognizes the need to have critical employees able and available to respond on an emergency call basis. For purposes of this policy, employees deemed to be critical include: Waterloo Fiber Technicians and Department Heads, including the General Manager. If called in the event of an emergency, critical 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 Utility's policy that critical employees must physically reside within a 25-minute radius from Waterloo Fiber's offices. Provisions: 1. New critical 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 employees shall adopt and enforce its own departmental policy specifying the deadline by which a new departmental employee must comply with the Utility's residency requirement. 2. Maintaining a post office box within the specified radius from the Utility shall not satisfy the requirements of this policy; employees must maintain their physical place of residence within the specified distance. Any critical employee who fails to comply with this Policy shall be subject to immediate termination of employment. 5:7 Violence Waterloo Fiber is committed to maintaining a safe work environment and preventing workplace violence. Waterloo Fiber 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 Utility. 74 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 Waterloo Fiber's property or while performing Utility 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 the General Manager. When reporting a threat of violence, please be as specific and as detailed as possible. The Utility will investigate any complaint of violence promptly and thoroughly, and Waterloo Fiber 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 General Manager 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 General Manager. 5:8 Weapons Employees are strictly prohibited from possessing or bringing any type of weapon to Utility workspaces or in Utility -owned vehicles, whether on or off site. 75 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 Utility -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. Waterloo Fiber reserves the right to inspect, with or without notice, for any business reason, all packages or other items that come onto Utility premises to ensure compliance with this policy. Any employee found with an unauthorized weapon in the workplace, or who otherwise violates the Utility's weapons policy, will be subject to disciplinary action, up to and including termination of employment. 76 Section 6: Time Off & Leaves of Absence 6:1 Vacation Unless otherwise dictated by an employment agreement, vacation is earned based on the length of service eligible employees have with the Utility on January 1st of each year. Eligible employees are those who are scheduled to work 20 hours or more per week. On January 1 following the date of hire, an eligible full-time employee who works 40 hours or more per week 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. Employees in their first year of employment can use their vacation after successful completion of the 90-day introductory period. On the next January 1, the employee shall receive and can immediately use their normal vacation in accordance with the vacation schedule outlined below: Department Heads: 4 weeks = 160 hours Supervisors: 3 weeks = 120 hours Other Employees: 2 weeks = 80 hours Other Employees After 6 years of continuous employment with the Utility, other employees shall receive 120 hours of vacation per year. Other Employees and Supervisors After 13 years of continuous employment with the Utility, other employees and Supervisors shall receive 160 hours of vacation per year. All Employees After 20 years of continuous employment with the Utility, all employees shall receive a total of 200 hours of vacation per year. Eligible part-time employees who work more than 20 hours per week, but less than 40 hours per week, will receive a pro -rated amount of vacation hours. The amount of vacation hours received will be determined based on their position and length of service with the Utility, and the amount of hours they are regularly scheduled to work each week. For example, a non -Supervisory employee in their first full year of employment who works 32 hours per week will receive 64 vacation hours for that year. 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, there shall be no increase in the employee's earned vacation because vacation is based 77 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 24 hours 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 Utility. Department Heads requesting to carry over vacation must receive prior authorization from the General Manager. All other employees desiring to carry over up to 24 hours of vacation must receive prior authorization from their respective Department Heads. Unless expressly approved by the General Manager, an employee shall not be allowed to possess more than their normal vacation allowance, plus the 24 hours of carry-over vacation. Employees may schedule vacation at a minimum of one-half hour increments subject to applicable departmental policies. Vacation time is not able to be donated. Non-exempt employees may take vacation in 15-minute increments, and exempt employees may take vacation in either four or eight -hour increments. 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. Vacation Payout If you leave Waterloo Fiber, the following rules apply: 1. If the termination of your employment is initiated by Waterloo Fiber, or if you abandon your job as detailed in Section 4:3 "Attendance Expectations," you will not be entitled to payment for your accrued and unused vacation. This includes having your position eliminated, being involuntarily terminated (fired), being asked to resign, or being given the choice to resign or be fired. This also includes situations where the employee has submitted a notice to resign, but the Utility has cause to change the separation from resignation to involuntary termination. 2. If you choose to resign your own employment: a. If you have been employed at Waterloo Fiber for less than 1 year, you will not be entitled to payment for your accrued and unused vacation. b. If you have been employed at Waterloo Fiber for more than 1 year but less than 2 years and provide prior notice, you will be paid a prorated amount of your unused vacation hours based on when in the calendar year you resign. For example, if you earn 80 hours of vacation, have used none of it, and resign effective June 30th, you will receive 40 hours of vacation pay out. i. At -will employees who desire to resign in good standing from the Utility service shall provide written notice to their Department Head at least two (2) weeks in advance of the effective date of the resignation. Please see Section 2:14 "Ending Employment" for more details. ii. Employees with an employment agreement who desire to resign in good standing from the Utility shall provide prior written notice according to the terms of the agreement. 78 If you have been employed at Waterloo Fiber for at least 2 years or more and provide prior notice as listed above in 2.b.i-ii and in Section 2:14, you will be paid for your unused vacation hours, including any rollover hours. 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 Utility's Military Leave Policy shall receive seniority credit for the period of their military leave for purposes of entitlement for vacation accrual. 6:2 Casual Time Unless otherwise dictated by an employment agreement, each eligible employee shall receive a deposit of 32 casual hours each calendar year on January 1 to be used for short-term, unexpected absences from work. Eligible employees are those who are regularly scheduled to work 20 hours or more per week. Employees who begin employment after the commencement of the calendar year shall be eligible for pro -rated casual leave based on the number of full quarters of employment that they will work in the calendar year. Employees in their first year of employment can use their casual time after successful completion of the 90-day introductory period. On the next January 1, the employee shall receive and can immediately use their normal casual time according to the schedule outlined above. Non-exempt employees may take casual time in 15-minute increments, and exempt employees may take casual time in either four or eight -hour increments. 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. Unused casual time is not paid out upon separation or termination of employment. 6:3 Sick Leave All eligible employees shall be given credit for 96 sick hours each January 1, which can be used by the employee in the case of personal illness or injury, for medical appointments, or for their immediate family member's personal illness, injury, or medical appointments. For purposes of this policy, immediate family members include partner, spouse, or child(ren). Eligible employees are those who are regularly scheduled to work more than 20 hours per week. Employees who begin employment after the commencement of the calendar year shall be eligible for pro -rated sick leave based on the number of full quarters of employment that they will work in the calendar year. 79 At the end of each calendar year, any unused portion of the employee's usable sick leave bank shall be placed in a Frozen Sick Leave Bank, up to a maximum of 1,000 hours. Frozen Sick Leave is intended to be used in serious medical situations of the employee or their immediate family and will require medical documentation to substantiate the need for leave. Any sick time or Frozen Sick Leave taken will run concurrently with leave required by federal, state, or local law. Non-exempt employees may take sick leave or Frozen Sick Leave in 15-minute increments, and exempt employees may take sick leave or Frozen Sick Leave in either four or eight -hour increments. To request sick leave, employees must use the unexpected absence call -in procedures detailed in Section 4:3 "Attendance Expectations." As listed in Section 4:3, if an unexpected absence consists of three (3) or more consecutive shifts, you must provide a doctor's release prior to returning to work. To request to use Frozen Sick Leave, please speak with the General Manager. Sick leave and Frozen Sick Leave are not payment for hours worked and are therefore not included in the calculation of overtime. It is recommended that employees keep a personal account of all sick time taken, including any Frozen Sick Leave, in the event any discrepancies arise. Neither unused sick leave nor unused Frozen Sick Leave will be paid out at the end of the calendar year nor upon separation or termination of employment. Exclusion of Duty -Connected Injuries Any absence resulting from a work -related or duty -connected injury shall not be charged to an employee's sick leave accumulation for that year, or to their Frozen Sick Leave Bank, unless so authorized by the employee in writing 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 an employee's total entitlement to compensation from the Utility for a work -connected injury except as outlined above concerning the usage of sick leave. An employee may return to work when the physician states they are 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 their position. Illness While on Duty An employee who becomes ill while on duty and is unable to continue their shift 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 their 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, 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 and Frozen Sick Leave). All employee benefits except for seniority shall be frozen and/or suspended after an employee has been on unpaid leave for 30 days. 80 Pro -Rated for Part -Time Return If a Department Head (or the General Manager 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 Utility shall comply with its Family and Medical Leave Act (FMLA) Policy in a situation where the member of an employee's family member (as defined by the FMLA) is suffering from a serious health condition. Verification and Penalty for Abuse In the event the Utility shall have reason to suspect that an employee is abusing the use of sick leave benefits, the Utility shall have the right to require employee to provide documentation from an appropriate medical professional to substantiate the employee's need for using sick benefits. In the alternative, the Utility shall have the right to request that the employee submit to an examination by a physician of the Utility's choice (and at the Utility's expense) for purposes of verifying the illness or injury submitted by the employee as the basis for using sick leave benefits. Should the Utility determine that an employee is abusing their sick leave benefits, the Utility 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 Unpaid Time Off Employees who are eligible for paid time off benefits must exhaust all benefits before requesting to go into unpaid status. Paid time off benefits which must be used include vacation, casual time, compensatory time, sick leave, and Frozen Sick Bank, subject to the reason for the time off and the parameters of those policies. Please see Sections 6:1, 6:2, and 6:3 for more details. Any unpaid time off requires prior approval from the Department Head. 6:5 Holidays Waterloo Fiber recognizes the following days as holidays and pays eligible employees for time off on these days. Eligible employees are those who are regularly scheduled to work 20 hours or more per week. Eligible part-time employees who regularly 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 regularly work less than 20 hours per week are not eligible for holiday pay. If a holiday falls on a weekend, it will be observed on the adjacent Monday or Friday. • New Year's Day • Juneteenth • Martin Luther King, Jr. Day (3rd • Independence Day Monday in January) • Labor Day • Memorial Day 81 • Veterans Day • Thanksgiving Day • Friday after Thanksgiving • Day before or day after Christmas Day (at Utility's discretion) • Christmas Day An employee who is required to work on any of the holidays shall receive either an additional day off or, if agreed to by 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, their leave bank 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 Utility may select a certain day as a special holiday for Utility Employees. Only the General Manager 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. 6:6 Jury Duty and Witness Duty Waterloo Fiber 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, Waterloo Fiber recognizes that this often means the loss of income. Both regular full-time and benefit -eligible part-time employees, including those in their introductory 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 the General Manager in order to be paid for their time. The employee must also sign their check from the court over to Waterloo Fiber. If an employee is not required to serve on a day they are normally scheduled to work or is excused from jury duty prior to the end of their normal workday, they are 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 Waterloo Fiber will pay exempt employees their full salary for any week in which work was performed, if subpoenaed to appear as a government witness in a court proceeding. 82 Benefit -eligible non-exempt employees will be paid their straight time base rate of pay for all hours missed due to witness duty as a government witness. An employee called to appear as a witness by any party other than the government will be permitted time off to appear, but such time off will be without pay for non-exempt employees. However, employees may, but will not be required to use vacation, casual time, or compensatory time when appearing as a witness for any party other than the government. 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. 6:7 Bereavement Leave In the event of the death of an immediate family member, the Utility shall allow an eligible employee leave of up to four (4) working days, with pay at the employee's regular straight time rate, for purposes of grieving the death of the family member. Eligible employees are those who are regularly scheduled to work 20 hours or more per week. 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, parent, 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 the General Manager. 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 their Department Head (or to the General Manager 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 bereavement leave for the absence. 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 Utility with verification of their attendance at the funeral. If there is no funeral held for the deceased, the Utility 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 83 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 Utility 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 Utility services. 6:8 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, the General Manager can help clarify your eligibility for leave and available types of leave. Employees are expected to notify the Utility each day they are absent until the request for a leave of absence has been approved. Failure to notify the Utility 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, Waterloo Fiber cannot guarantee that benefits will continue or that your position will remain open past the agreed upon period of leave, unless prior written approval for an extension is granted. 6:8:A Military Leave This policy applies to all Waterloo Fiber 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 Utility for six months or less. It is the policy of Waterloo Fiber to grant a partially paid leave of absence for military service, training, or related obligations in accordance with applicable law, to Utility 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 Utility for six (6) months or less. The Utility shall provide employee leave without loss of pay during the first thirty days of required military leave each calendar year at the employee's base rate of pay in 84 accordance with Iowa Code § 29A.28. Any remaining military leave for the calendar year shall be unpaid leave unless the employee elects to substitute their 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 they were 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 they would have held had they 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 their Department Head as soon as possible (unless they are 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 advise their Department Head of their training schedule and/or other related obligations as far in advance as possible. 3. Continuous Paid Leave. Under Iowa law, each calendar year a public employee is entitled to a military leave of absence from civil employment without loss of pay during the first thirty (30) days of such leave of absence, with such payment being in accordance with Iowa Code § 29A.28. For military leave of thirty (30) consecutive calendar days or more, 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 they 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-days of military leave without loss of pay for that calendar year shall be shortened by those number of days. 4. Intermittent Paid Leave. For military leave of less than thirty (30) consecutive calendar days, military days off without loss of pay shall be based on the regularly scheduled shifts missed, rather than by hours missed or the number of calendar days of military leave. Whether an employee works an 8-hour shift, a 10-hour shift, or a 24-hour shift, that shift shall count as one day of intermittent leave (regardless of whether the 85 workday extends into one or two calendar days). When the employee occasionally needs military leave for weekend drills, the employee shall receive paid military leave for each day that they are unable to work their regularly scheduled work day as long as the maximum 30-days of military leave without loss of pay for that calendar year has not yet been exhausted. 5. Benefits While on Leave. An employee's accrual of benefits such as vacation, personal days, sick leave, etc., shall be frozen after 31 days of unpaid leave. 6. 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 their length of service or the employee shall forfeit their 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 their 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 their 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. 7. Required Documentation. An employee whose military service was for more than 30 days may be required to provide documentation upon their 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. 8. Status of Seniority and Benefits Upon Return. An employee who satisfies the reemployment eligibility criteria established by law and returns to their employment with Waterloo Fiber shall accrue seniority, and all rights and benefits determined by seniority, as if they 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, their paid leave benefits for the year during which the 86 unpaid leave occurred shall be pro -rated based upon the period of time the employee was in pay status during the year. 9. Interpretation. This Policy is intended to comply with the Uniformed Services Employment and Reemployment Rights Act and the Code of Iowa Chapter 29A. 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. 6:8:B Family and Medical Leave Act (FMLA) Policy As an employee of Waterloo Fiber, 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 the Accounting GenerG. Manager. 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, Waterloo Fiber 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 Utility 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 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. 87 • The employee must work in a work site where 50 or more employees are employed by the Utility 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 Utility's sick leave policy are encouraged to consult with the Accounting General 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 policy, the Utility 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. 88 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. 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: 89 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 Utility 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 Utility 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 Utility 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 Utility 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 Utility 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 All employees requesting FMLA leave must provide their Supervisor Department Head with verbal or written notice of the need for the leave. If the employee has provided notice of the need for leave to their Supervisor or Department Head, the Supervisor or Department Head must inform the Accounting General Manager as soon as possible. Within five business days after the employee has provided the Utility this notice, the Accounting Gener Manager will provide the employee with the DOL Notice of Eligibility and Rights. 90 When leave is taken to care for a family member, the Utility 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 Utility's usual and customary notice and procedural requirements for requesting leave. Waterloo Fiber 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 Utility 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 Utility 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 Utility has received a complete and sufficient certification but has a reason to doubt that it is valid, the Utility may require the employee to obtain a second opinion at the Utility's expense. The Utility 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 Utility 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 Within five business days after the employee has submitted the appropriate certification form, the , \ccouniing a, Manager will provide the employee with a written response to the employee's request for FMLA leave. The Utility 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. 91 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 Utility's operations. When an employee takes intermittent or reduced work schedule leave for foreseeable planned medical treatment, the Utility 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 Utility 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. 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 Utility's rules for leave without pay. If the employee's payment of health insurance premiums is more 92 than 30 days late, the Utility 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, their 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 or the Utility's paid time off benefits. If the qualifying reason for the FMLA leave is the employee's own serious health condition, or that of a family member, the employee shall be required to use and exhaust accrued sick leave and Frozen Sick Leave benefits prior to taking unpaid leave or using other paid leave such as vacation, casual 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 or that of a family member, the employee must use accrued paid leave concurrently with the FMLA leave, such as vacation, casual 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 Utility 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 Utility will place the employee in the same position the employee held before the leave or in a position with equivalent pay, benefits and other employment terms. The Utility cannot guarantee that an employee will be returned to their original job. The Utility, 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 their own serious health condition, the employee will be required to provide their Department Head with a fitness for duty certification from their healthcare provider indicating that the employee is able to 93 return to work and perform the essential functions of their 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. Outside Employment While on leave of absence, you may not work or be gainfully employed either for yourself or others unless express, written permission to perform such outside work has been granted by the Utility. If you are on a leave of absence and are found to be working elsewhere without permission, you will be subject to disciplinary action, up to and including termination of employment. Limitations on Reinstatement An employee is entitled to reinstatement only if they 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. Waterloo Fiber reserves the right to deny reinstatement to "key employees" if such denial is necessary to prevent substantial and grievous economic injury to the Utility's operations. A "key employee" is defined by the FMLA as a salaried, eligible employee among the highest paid ten percent of Utility 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. Waterloo Fiber is not required to grant requests for open-ended leaves with no reasonable return date under these policies or as disability accommodations. Waterloo Fiber may recover health insurance premiums that it paid on behalf of the employee during any unpaid FMLA leave except that the Utility'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 Utility 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. 6:8:C Iowa Pregnancy Disability Leave of Absence For employees who are not eligible for FMLA, we follow Iowa state law allowing unpaid leave for disability because of the employee's pregnancy, childbirth, or related medical conditions. The leave of absence will be for eight (8) weeks or until the employee is released to return to work, whichever is less. 94 An employee who wishes to take leave under this policy must provide timely notice to Waterloo Fiber of the period of leave requested. The Utility reserves the right to require that the employee's disability be verified by medical certification, which states that the employee is not able to reasonably perform the duties of employment, before the leave of absence is granted. Employees requesting such leave shall first 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 employee's accrued time off is not sufficient to cover the leave of absence, then the employee may request unpaid leave. 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. Failure to return from leave after expiration of leave, without a request for an extension, will be considered as voluntary termination of employment. 6:8:D Leave of Absence for Service in Elective Office An employee of Waterloo Fiber who is elected to a municipal, county, state or federal office shall, upon written application to Waterloo Fiber, 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. 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 Waterloo Fiber. Leave of absence granted by this section does not apply to an elective office held by the employee prior to the election. 6:8:E Volunteer Emergency Services Providers Leave of Absence In compliance with Iowa Code 100B.14, Waterloo Fiber 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. 95 If an employee has provided Waterloo Fiber with written notification that the employee is a volunteer emergency services provider, the Utility 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 Waterloo Fiber. Furthermore, Waterloo Fiber 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 Waterloo Fiber 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 Waterloo Fiber as soon as possible that they may be absent or late. Waterloo Fiber shall determine whether an employee may leave work to respond to an emergency as part of the employee's volunteer emergency services provider duties. 6:8:F Personal Leave of Absence 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 those who are scheduled to work 20 hours or more per week. 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 General Manager. The Accounting General Manager 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 General Manager 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. While on a personal leave of absence, you may not work or be gainfully employed either for yourself or others unless express, written permission to perform such outside work has been granted by the Utility. If you are on a leave of absence and are found to be working elsewhere without permission, you will be subject to disciplinary action up to and including termination. 96 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 Utility is performed. The remainder of their personal leave must be compensated using accrued sick leave (if the leave is for the employee's own physical infirmity), or using other paid leave such as vacation and personal days. If the employee's accrued time off is not sufficient to cover the leave of absence, then the employee will take the remainder of the personal leave unpaid. For non-exempt employees, personal leave must be compensated using accrued sick (if the leave is for the employee's own physical infirmity), or using other paid leave such as vacation, compensatory time, personal days. If the employee's accrued time off is not sufficient to cover the leave of absence, then the employee will take the remainder of the personal leave unpaid. The Utility 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 their employment responsibilities at the time specified by the General Manager, the employee shall be deemed to have voluntarily resigned from their employment and shall forfeit any and all benefits which may have accrued to them or to which they may be entitled hereunder. No Utility benefits shall accrue or be accumulated by an employee on an approved personal leave of absence. 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 Utility will provide you with information about your rights for benefits continuation. 97 Section 7: Employee Benefits Waterloo Fiber provides eligible employees access to certain benefits. Temporary employees are not eligible for benefits except those required by law, such as worker' compensation. 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 Utility, 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 the General Manager with any additional questions regarding our benefit programs and eligibility. Waterloo Fiber reviews its benefit policies annually and may change them at its sole discretion based on availability of plan options, premium costs, and other factors. Iowa Continuation of Coverage An employee or eligible dependent who has health care coverage with Waterloo Fiber on the day of a qualifying event may be eligible to continue his/her health care coverage under Iowa continuation of coverage. The employee, a spouse, former spouse, or surviving spouse and eligible dependents who have been continuously insured under the group policy for three (3) months before loss of coverage are eligible for nine (9) months after the date group coverage terminates. If your coverage ends and you are eligible for continuation of coverage, Waterloo Fiber will notify you within ten (10) days of coverage termination. Employees and former employees who elect to continue coverage will be responsible for up to 100% of the premium cost of coverage. For additional assistance on continuation of coverage, contact the Iowa Insurance Division at 1-877-955-1212. 7:1 Health Insurance Health insurance coverage is available to eligible employees on the following 30 days of employment with Waterloo Fiber. Eligible employees are those regularly scheduled to work an average of 30 hours or more per week. 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. first of the month If an eligible employee chooses not to enroll in the insurance plan, they 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 98 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 the General Manager 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 Waterloo Fiber. Eligible employees are those regularly scheduled to work an average of 30 hours or more per week. 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 Life and Accidental Death & Dismemberment (AD&D) Insurance Life and AD&D insurance in the amount of one (1) times your annual salary, up to a maximum of $100,000, is provided to eligible employees on the first of the month following 30 days of employment. Eligible employees are those regularly scheduled to work 30 hours or more per week. Additional life insurance coverage for spouse and dependent(s) is available for purchase by the employee. 7:4 Long -Term Disability Insurance Long-term disability coverage is provided as a pay protection to eligible employees on the first of the month following 30 days of employment. Eligible employees are those regularly scheduled to work 30 hours or more per week. Long-term disability coverage is provided at no cost to you. 7:5 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. 7:6 457:B Retirement Plan Waterloo Fiber offers a 457:B retirement plan for the benefit of its eligible employees. Eligible employees are regular or introductory 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. 99 Employees may modify their deferral amount at any time throughout the year. Additional plan details can be requested from the General Manager. 7:7 CeII Phone Reimbursement Employees may use personally owned cellular devices to conduct Utility business as needed, and when this occurs, Waterloo Fiber will reimburse employees for a portion of their monthly cell phone bill. Due to the frequent use of cell phones for their position, Department Heads will receive $55.00 per month in cell phone bill reimbursement. Reimbursement for actual Utility -related minutes used requires proper documentation (copy of cellular service minutes, call identification and justification) and a completed Expense Report (ER). No portion of the basic, routine monthly charge for service and plan -allotted minutes will be reimbursed. Copies of all bills submitted for reimbursement are subject to public disclosure and review including itemized call detail. 7:8 Job -Related Training and Designations Waterloo Fiber will pay for all related fees associated with obtaining licenses and certifications directly associated with an employee's position. This includes registration fees for schools, lodging expenses, meals, exam fees, and mileage to schools and testing locations, subject to the limitations in our "Travel and Meeting Guidelines; Expenses" policy in Section 4:13. Once licensed or certified, Waterloo Fiber will pay for all registrations for continuing education purposes and mileage to continuing education. Prior approval will be required to pursue continued training and to attend conventions, conferences and special meetings. If you wish to attend an event, you should contact the General Manager for further details regarding expenses and potential reimbursement. A technician who completed an educational program paid for or reimbursed by the Utility must complete six (6) months of service to have their educational assistance fully forgiven by the Utility. If a technician leaves Waterloo Fiber within six (6) months of completing said program, he or she will be responsible for repaying 50% of the total educational program costs to the Utility. 7:9 Safety Shoe Voucher Regular, full-time non -office employees are eligible for a safety shoe voucher in the amount of $150. Each eligible employee will receive the voucher upon hire and annually thereafter, near their anniversary date. If an employee ends employment for any reason within 90 calendar days of starting, the employee must return the voucher, or the cost of the voucher will be deducted from the employee's final paycheck. The Utility will receive written authorization from the employee to make this deduction, consistent with state law. If your safety shoes need to be replaced before this policy dictates and the damage to the shoes is considered work -related, please speak with your Department Head. 100 7:10 Clothing Voucher Regular, full-time employees are eligible for a clothing voucher upon hire and annually thereafter, near their anniversary date. The amount of the voucher will be determined by the Department Head (or General Manager in the case of Department Heads), taking into consideration the needs of the position and of the employee. If an employee ends employment for any reason within 90 calendar days of starting, the employee must return the voucher, or the clothing purchased with the voucher, on or before the employee's last day. If this is not returned, the cost of the voucher will be deducted from the employee's final paycheck. The Utility will receive written authorization from the employee to make this deduction, consistent with state law. If your clothing needs to be replaced before this policy dictates and the damage to the clothing is considered work -related, please speak with your Department Head. If an employee desires to purchase more clothing than what is provided by the Utility, they may do so at their own cost. There will be an additional fee, for which the employee is fully responsible, to have the clothing embroidered or screen printed with Waterloo Fiber's logo. Any clothing the employee purchases on their own will remain with the employee upon separation or termination of employment. 101 Employee Handbook Acknowledgment and Receipt I have received my copy of the Employee Handbook (Handbook) dated 2/26/2025. The Handbook describes important information about Waterloo Fiber, and I understand that I should consult my immediate Supervisor, Department Head, or the General Manager 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 Waterloo Fiber. By distributing this Handbook, the Utility 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: Waterloo Fiber Representative Date 02363640\24268-000 TO BE PLACED IN EMPLOYEE'S PERSONNEL FILE 102