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OR 98-820 Amends Employee Policy & Procedures Handbook AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO.98820 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CITY OF COPPELL EMPLOYEE POLICY AND PROCEDURES HANDBOOK BY ADOPTING THE AMENDMENTS ATYACHED HERETO AS EXHIBIT "A"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council Personnel Policies Committee and City Council have reviewed the attached policies and determined the need and appropriateness to adopt the attached an~endments; and WHEREAS, the City Council desires to adopt the attached amendments effective March 1, 1998; NOW THEREFORE, BE IT ORDAINED BY THE, CITY COUNCIL OF THE CITY OF COPPEI,L~ TEXAS: SECTION 1. That Ordinance No. 93584 and the City of Coppell Employee Policy and Procedure Handbook, as heretofore amended, be and the same are hereby amended by adding the following policies, attached hereto as Exhibit "A', effective March 1, 1998. New Policy SOP #1194 - Violence in the Workplace Revised Policies SOP # 1112 - Recruitment/Selection/Promotion SOP # 1128 - Classification/Compensation SOP # 1181 - Discipline SOP # 1182 - Employee Appeals SOP # 1185 - City Property/Equipment Use SOP # 1189 - Controlled Substance/Alcohol Abuse Drug Testing SSI5020 SECTION 2. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That should any word, phrase, paragraph, section or phrase of this ordinance be held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Ordinance as a whole. SECTION 4. That this ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the/~,'tS"l day of ~,/,.,'t ;~r~,~'/'tv~ ,1998. APpROVED: /j , / ATTEST: KA~ILEEN ROACH, CITY SECRETLY APPROVED AS TO FORM: PETER G. SMITH, C~~A~ORNEY (PGS/ttl 1F//98) 2 CITY OF COPPELL STANDARD OPERATING pROCEDURES SUBJECT: SOP NUMBER: Workplace Violence 1194 AUTHORITY: REPLACES: PAGE: 1 of_~ REVISED DATE: EFFECTIVE DATE: REVIEW DATE: December 31, 1997 ' March 1, 1998 " Annual PREPARED BY: Workplace Violence Committee APPROVED BY CITY MANAGER' / 1.0 Y.O01LIICt'~s the policy of the City of Coppell to endeavor to provide a safe and secure environment for its employees. Threats, threatening behavior, or acts of violence against employees, citizens, guests, visitors or other individuals by anyone on City of Coppell property will not be tolerated. Violations of this policy will lead to disciplinary action which may include dismissal, arrest, and/or prosecution. 1.02 Any person who makes substantial threats, exhibits threatening behavior or engages in violent acts off City of Coppell property shall be removed from the premises as quick4y as .-~i~fety permits, and shall remain off City of Coppell premises pending the outcome of an investigation. The City of Coppell will take all appropriate actign which may include, but is not limited to, disciplinary action up to and including te.rn~ination; suspension or termination of any business relationship; criminal prosecution of~all involved person(s) and/or request of a restraining order from the appropriate judicial official 1.03 All City of Coppell employees are responsible for n~tifying their supervisor or department director of any threats which they have witnessed, received, or have been told that another person has witnessed or received. Even without an actual threat, employees should also report any behavior they have witnessed which they regard as threatening or violent, when that behavior is job related or might be carried out on a City controlled site, or is connected to City employment. Employees are responsible for making this report regardless of the relationship between the individual who initiated the threat or threatening behavior and the person or persons who were threatened or were the focus of the threatening behavior. 244 1.04 All employees who apply for or obtain a protective or restraining order which lists the City ofCoppell property(ies) as being protected areas, must provide to the human resources department a copy of the petition and declaxatious used to seek the order, a copy of any temporary protective or restmlnlng order which is granted, and a copy of any protective or restraining order which is made permanent. The City of Coppell understands the sensitivity of the above information requested and shall endeavor to treat tltis in.formation with utmost cordldentlality which recognize and respect the privacy of the reporting employee(s). Any information of this nature released will be on a need to know basis (unless required by law) to the appropriate law enforcement, management, and/or other required City personnel. 1.05 The City Manager shall be responsible foPdeveloping and implementing any and all procedures, processes and/or plans designed to minimize the risks associated with violence in the City of Coppell work place, 1.06 No existing City of Coppell policy, practice and/or procedure shotrid'be interpreted to prohibit decisions designed to prevent a threat fi'om being carried out, a violent act from occurring or a life threatening situation from developing, 2.0 KEY WORDS 2.01 Violence 2.02 Threat 2.03 Work Place 2.04 Plan 3.0 DEPARTMENTS AFFECTED 3.01 All City Departments / 4.0 REFERENCES 4.01 Texas Occupational Safety Code Ann. Art. 5182a 1 (Vernon 1992). 4.02 Texas Penal Code. 5.0 DEFINITIONS 5.01 City Property -- A property, or a portion of a building: of which the City is the owner. " The term includes City office space in a leased facility, City vehicles, parking lots, recreation centers, swimming pools, etc. 5.02 Courtesy -- An employee shall be courteous to the public and fellow employees. An employee's conduct and demeanor shall always be professional, civil, orderly and courteous. Fighting and/or verbal displays of temper are not acceptable in the City of Coppell workplace. 245 5.03 Assault - A person commits an offense if the person: I) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; 2) intentionally or knowingly threatens another with immanent bodily injury, including the person's spouse; or 3) intentionally or knowingly causes physical contact with anotheg/when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. 5.04 Terroristic Threats -- a) A person cogits an offense if he threatens to commit any offense involving violence to any person or property with the intent to: (1) cause a reaction of any type to kin threat by official or volunteer agency organized to deal with emergencies; (2) place any person in fear of imminent serious bodily injury; or (3) prevent or interrupt the occupation or use of a building; roorrtl place of assembly; place to which the public has access; place of employment or occupation; aircraft, automobile, or other form of conveyance; or other public place; or (4) cause impairment of interruption of public communications, public transportation, public water, gas, or power supply or other public service. 5.06 Disorderly Conduct -- A person commits an offense if he/she intentionally or knowingly: (1) uses abusive, indecent, profane, or vulgar language in a public place, and the language by its very utterance tends to incite an immediate breach of the peace; (2) makes an offensive gesture or display in a public place, and the gesture or display tends to incite an iramediate breach of the peace; (3) creates,..by chemical means, a noxious and unreasonable odor in a public place; (4) abuses or threatens a person in a public place in an obviously offensive manner. :. 5.07 Harassment - - A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, he/she: (1) initiates communication by telephone or in writing and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene; (2) threatens, by telephone or in writing, in a manner reasonably likely to alarm the person receiving the threat, to irdlict bodily injury on the person or to commit a felony against the person, a member of this family, or his property; (3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyer to be false, that another person has suffered death or serious bodily injury; (4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another; (5) makes a telephone call and intentionally fails to hang up or disengage the eormection; 246 (6) knowingly permits a telephone under his control to be used by a person to commit an offense under this section; or (7) on more than one occasion engages in conduct directed speoifica/ly toward the other person, including following that person, that is reasonably likely to harass, annoy, alarm, abuse, torment, or embarrass that person; 5.08 Critical Incident -- A threat ofvinlence (implicit or explicit) or viole~ event in or on City proper~. This includes any injury, death, serious accident, illness or felony crime occurring as the result of violence in the work place. 5.09 Protective Order - an order issued by a court that can: direct the abuser not to commit further acts of violence; not threaten, harass, or contact the complainant; direct the abuser to leave the household; and establish temporary custody of the children (if applicable). A protective order can only be issued against a family member who is related by blood or marriage; i.e., spouses, ex-spouses, aunts, uncles, cousins, brothertr;sisters, parents, children, etc. against persons who have children together. The Protective Order is police enfomeable. 5.10 Restraining Order - A civil order issued against a non-family member to prevent a person from engaging in certain behaviors, i.e. having contract with the complainant, going to certain places, etc. The'Restraining Order is not police enforceable. 6.0 RESPONSIBILITY 6.0 ! All City ofCoppell persormel, especiaily Management/Supervisory personnel, are responsible for enforcement of this policy. 7.0 PROCEDURE RESPONSIBILITY .ACTION 7.0 1 Affected Employee A. Upon receipt of behavior tl'/at could be perceived a threat (as defined herein) or an act of violence should report all incidents to Supervisor/Dept. Director and/or PolLCe Department. B. Document nil incidents utilizing the Critical Incident Form (see See. 8.0t Ex.b. ibit A) of threat or ,, violence as time pennits C. Will be required to cooperate with all criminal Incident Form (see Sec. 8.0 1 Exhibit A) of threat or violence as time permits. and/or administrative investigations. 247 7.02 Department Supervisor/Dir. A. Upon receipt of internal or external incident of threat/violence involving City employees shall take necessary precautions to m~nlmize incident ~om . escalating or recurring. (i.e. EAP, EMS, Police). B. Contact the Human Resources Department, Police Dept., and EMS (ifapplicable),and forward all documentation gathered. 7.03 Human Resources Dept. A. Upon receipt of internal/external reported incidents of threat and/or violence, shall evaluate severity a~.d need for additional resources OEAP-EMS) to minimize further damage/danger. B. Contlct affected Department Director to ensure appropriate administrative actions are taken. 7.04 Police Department A. Upon receipt of reported internal/external incident or threat and/or violence, shall take mediate deterrent action if applicable and determine appropriate jurisdictional standing for any further action/investigation to be completed. B. Should conduct investigation if within appropriate jurisdiction standing for any further action/investigation to be completed. , C. Provide all appropriate investigative information / ~ to the Human Resources Dept. and/or other ~ investigating agency. 8.0 1 Critical Incident Form Exhibit A -~ (Note: currently being designed) 248 2.0 KEY WORDS 2.01 Aptx:al 2.02 Hearing- Appeal ,, 2.03 Review Board - Appea/ 3.0 z~FFECTED DEPARTNIE'NFS 3.01 All City Depamnents 4.0 REFERENCES 4.01 Home Rule Charter. City of Coppel l, Section 4.09 Personnel Systems, Subsection C.3. The adopted rules shall provide for procedures providing for due process for the hearing and adjudication of grievances. 5.0 DEFINITIONS 5.01 Appeal - The act and/or process by which an employee may obtain successive higher level of management review of any application of City and departmental rule(s)/regulation(s), unequal treatment within a department or work group, employee perfon-nance evaluation(s); and/or disciplinary actions of suspension of more than one (i) day, demotion, and termination. Any appeal(s) must be in writing on a form provided, must specify the rule, regulation, unequal treatment, disciplinary action, or performance factors being questioned. The employee must also specify the remedy being sought. ~, 5.02 Business Bay - Regular day is Monday through Friday (8:00 a.m. to 5:00 p. nz), excluding City-designated holidays. 5.03 Appeal Hearing - A proceeding convened by the City Manager during which the involved parties (I2L--partment Director, supervisor(s), and/or employees), appointed' representatives, or witnesses may be heard for thespurpose of receiving evidence and testimony conceming the appeal of an employee. 5.04 Work Group - Immediate group of employees with whom the employee(s) work May be defined as their particular shift, crew, station, etc., and in some cases may cross departmental lines. 5.05 Management - Administrator of the City, including but not limited to: City Manager, Department Directors, Departmental Supervisors. ) 196 5.06 Disciplinary Appeals Advisory Board - A board consisting of three (3) membe~ two (2) of whom are City employees and one (1) citizen as provided herein which conducts disciplinary ap~ceals hearings for the purl~se of reviewing documentation and/or testimony for the pur~se of formulating its findings and recommenchtions for submission to the City Manager. The citizen member must meet the Charter requirements for service on a bard or commission and make application to serve on the Disciplinary Apl:~als Advisory Boar& The Cit~'Council shall review applications for the Disciplinary Appeals Advisory Board and submit a list of eli~ble names to the City Manager for his selection. In the event that no ciriT~q's panel is established due to lack of applicants for this service, the City Manager shall make the selection from tl3_e current memberships of the various City Boards and Commissions. No citizen may serve more than a twelve (12) month period nor serve on more than one (1) hearing in a six (6) month period. 5.07 Employee members of the Disciplinary Appeals Advisory Board will consist of one exempt (non Director) and one non-exempt employee selected by lot by the Ci~ Manager or his desigee to serve a twelve month term, from October to October of each year. In order to be eligible to serve on the Appeals Board, an employee cannot have been subject to any discipline in excess of a written reprimand for a twelve month period and must have completed initial probation. Should an employee board member receive disciplinary action or be placed on performance probation during his/her term, a replacement member will be selected. Employee board member3 will receive orientation from Human Resources as to their responsibilities and appeal protocol prior to hearing any appeal. 6.0 RESPONSIBILITY/AUTHORITY' .-h 6.01 Department Director/Supervisor(s) - It shall be the responsibility ~jf each Department Director and Supervisor to ensure compliance with this Standard Operating Procedure, address any and all employee appeals in a professional manner in an attempt to resolve such issues at the lowest possible supervisory level, and make available all involved pev3ormel upon request of the Appeal Review Board and/or appointment to the Appeal Review Board. 197 7.0 PROCEDURFS/PRACHCES (Steps 1 through 5) Step One - Initiation of Appeal to Immediate Supervisor RFSPONSIBILITY ACTION 7.01 Employee/Representative A. Is encouraged to informally discuss problems/concerns regarding the application of mlegregulations, unequal treatment, performance evaluations, and/or pending disciplinary action with their supervisor prior - -to forthally filing an appeal for consideration, ·. B. May when all informal discussions have been exhausted, file a written appeal within five (5) business days of the incident's occurrence utilizing the form provided (See Exhibit 8.01) and attaching all supporting documentation for consideration. 7.02 Employee/Representative A. May, in cases where the Department Director is the immediate Supervisor, progress to Step 4, Section 7.08 herein and within five (5) business days file an appeal '. for consideration by the City M~_ger by ' indicating their desire to appeal oh the ';' original appeal form. B. May, in cases'*where the Department Director has taken disciplinary action of suspension more than one (I) day, demotion, and termination against an employee, progress to Step 4, of this policy within five (5) business days file an appeal for consideration by the City Manager by indicating their desire to appeal on the original appeal form. 'J 198 7.03 Supervisor _A. Shall upon receipt of the written appeal provide a written response to the employee appeal wig five (5) business days after submission on the fo~ submitted. by the appealing employee. 7.04 Employee/Representative A. Shall upon receipt of the written response from their immediate supervisor, review the decision and wig five (5) business days of receipt may seek further consideration by filing the written appeal to the next- supervisory level utilizing the original form by indicating their desire to appeal the decision of their immediate supervisor. Step Two - Appeal Review (,Appeal to Successive Levels of Authority. if any) 7.05 Supervisor A. Shall review all information, meet with the employee and/or employee representative in an attempt to resolve the issue, and provide a written response within five (5) business days of receipt of written appeal. The written response shall be recorded on the original form submitted by the employee and returned within the prescribed time flame. 7.06 Employee/Representative A. May review the written response rechived and in five (5) business days file the written appeal for further consideration by indicating on the original appeal form their desire to appeal the decision to the Department Director. ! · "' 199 Step Three - Appeal to Depmtment Director 7.07 Department Director A. Shall upon receipt of the written appeal, conduct a meeting wig five (5) business days. " B. If during the meeting the Department Director finds that additional infomm.tion and/or documentation is warranted, the Director may suspend the conference to be reschcduled at a time mutually agreeable to - each party and not to exceed five (5) business days. C. Shall provide a written decision within five (5) business days of the completion of the meeting to the employee on the original appeal form, stating the following: 1) Recap of details of the incident(s) resulting including mles/regulation(s), policy(ies), procedure(s), law(s), etc., surrounding the appeal action. 2) The Department Directors decision with the appropriate action to be taken, if any. 3) The employee's right to appeal in accordance with this policy, the ,, time frame (five (5) business days), and that -- failure to appeal within specified time,frame will result in the action taken being final. Step Four - Appeal to City Manager (Appeal Review Boar& .. This step is available to employees who have a qualified appeal as set out in Section 1.01 of this SOP, other than disciplinary action (see step five for Disciplinary Appeals process). -~ 7.08 Employee/Representative A. Upon receipt and review of the Department Director's response, may subsequently submit b. is/her appeal to the City Manager by indicating the decision to appeal on the original appeal form and wig five (5) business days of receipt. ) ..' 200 , 7.09 City Manager/Designee A. Shall, upon receipt of a bona fide appeal endeavor to convene a hearing wig five (5) business days utilizing the appropriate appeal board and/or review process. B. Perfonrkance evaluatiiSH appeals will be referred to the Human Resources Director for review with the appropriate Assistant City Manager and the appealing employee. A meeting will be scheduled by H.R. within 5 days of his/her receipt of the appeal. 7.10 City Manager/Designee A. Shall hear and rende~ a decision on any non- disciplinary appeals. ,, 7.11 City Manager/Designee A. Shall endeavor to notify the employee in writing within five (5) business days of higher decision. The City Manager's (or higher designee's) decision shall be final and binding on all involved parties. B. Upon receiving the recommendation of the H.R. Director and ACM, shall endeavor to render a final decision on performance evaluation appeals within five business days. Step Five - Disciplinary Appeal to City Manage (Disciplinary Appeal Advisory Board) Ihis step is available only to employees who have been suspended for more than one (1) day, demoted or terndnate& 7.12 EmployeeYRepreseotative A. May upon receipt and review of the Department ~Director's decision, submit higher appeal to the City Manage by indicating the decision to appeal on the original appeal form within five (5) business days of receipt. 7. 13 City Manager/Designee A. Shall upon receipt of the appeal, endeavor to convene a hearing within five (5) business days utilizing the Disciplinary Appeals Advisory Boar& 201 7.14 City Marmger/Designee A_ Shall select one non-exempt employee and one non-director exempt employee to serve on the Disciplinary Appeals Advisory Board. Employees and supervisors shall be drawn by lot and shall serve a 12-month term, 7. 15 Disciplinary Appeals A, Shall upon appointment endeavor to convene Advisory Board within five (5) business days to consider the employee's appeal. The employee(s) shall be entitled to be assisted by a representative if he/she so chooses. The Department Director may also be represented. The Disciplinary- , Appeals Advisory ,Board may permit the employee and the Department Director/Supervisor 'to call vlimesses to present evidence. The formal rules of evidence shall not apply..Time limits may l:g- extended during My. part_of this hearing process at th~ mutual agreement oft he employee and the City. B. Shall strive to render a recommendation to the City Manager within five (5) business days of holding its hearing. 7.16 City Mamager/Designee A. Shall upon receiving the Disciplinary Appeals advisory Board recommendation, endeavor to notify the employee oflnis/her decision in writing within five (5) business days. The City Manager/Designee's decision shall be final anCl binding on all involved parties. 7.17 Pemorm. el Direetor/Designee A,Shall be ~ available to consult with Department' Directors/Supervisors and/or employee(s) regarding application of departmental/City rule and regulation, and/or pending disciplinary action. The Human Resources staff shall not be named as a member of the Appeal Review Board or the Disciplinary Appeals Advisory Board. 202 B. May play a ministerial role in assisting the Appeal Review Board to conduct its meeting and deliberate, but shall take no part in the final recomme~datlons. 8.0 EXHIBFTS 8.01 City of Coppell Employee Formal Appeal 203 EMPLOYEE: I...C:] ACCI~T C3 APPF_a_[. rraS OECLSZON. EMPLOYe~S SICHAI~fRF./OATE: Wa;verrr~me Exccnsion Agreed Upon Thtu: Emp In;fleE: Supv I~dal: Dm~CTOR'S SK;,'CATURE/DAT~: FJ4R,OYI~3 SICMATURHOAI~ RECV'D: EMPLOYEE: L.,r'q AccErr [] APPfAL ~ DECL$IOH. EMPLOYE~'S SICKATURrr.~)ATE: We;vet/Time Extension Agreed Upor~ Thru: Ernp In~tiah Supv Bridal: Cff'f MANAClE]ItS SICKAMF./C)ATE': EMPLOYEE'S SIGNATURF. J~ATE RECV"O: ~ NOTE: ATTACH ADDITIONAL PAGES IF NECESSARY. DISTRIBUTION LEGEND: Orig;nel: Personnel Oep$,t~en~ fog Relenlion ;n Employee's Erni)loyf~ent F;le .204 APPEAL TO CITY MANAGER City Managet's Recv'd: 205 -- :": CITY OF C0PPELL STANDARD OPERATING pROCEDURES Recruitment/Selection/Promotion 1112 AUTHORITY: RF, PAAC,~: Personnel Policy effective January 15, 1993 PAGE: ] of / q REVISED DATE: EFFECTIVE DATE: REVIEW DATE: December 31, 1997 N~rch 1, 1998 Annual PREPARED BY: Personnel Policy Task Force APPROVED BY CITY ~~.Jnn Witt 1.0 POLICy 1.01 It is the policy of the City, of Ceppcll to select, hire, and. promote employees solely based on their knowledge, skills and abilities, experience, and other qualifications as they may relate to the duties and responsibilities of the position for v, hich they are applying without regard to race, ethnic group, national origin, religion, creed, color, sex, or political affiliation or disability. It is the desire and intent of management to provide promotional oppomanities for employees of the City by providing assistance to interested employees in developing career plans and applicable training/educational oppommities. 1.02 All job vacancies shall be posted internally for the benefit of any qualified employees. External recruitment may coincide with the internal posting on entry /: level positions and exempt level positions only. (See Exhibit 8.02 and g.02A respectively.) 1.03 In the event a temporary employee has held a position-for 90 days or longer, the temporary employee may be considered for regular full-time employment, provided the hiring director has requested an exclusive in-house posting and there are no qualified intemal candidates. Consideratj,'on must be given to qualified internal candidates before a temporary is hired. 1.04 An eligibility list may be established and utilized for up to a twelve (12) month period for all entry level positions ~here external recruitment has been used. An eligibility list may also be established and utilized for up to a twelve (12) month period for internal promotions. The names of all applicants to be placed on eligibility lists shall be forwarded to the Human Resources Department in order of hiring preference. 1.05 Except where provided by City Charter, the recruitment method for vacant executive and professional positions may be determined by the City Manager. The City Manager may waive the standard recruiunent process due to a legitimate business necessity at any time. 22 1.06 Unless the position has been eliminated, a position vacancy shall exist upon the resignation, promotion, or U-ansfer of an incumbent or when a position is created and fimded within the adopted budget which did not previously exist 1.07 Any employee promoted to a higher position on the City pay plan shall be placed at Step 1 or higher, based on his/her current base salary, but at least one step higher than any employee to be supervised by the promoted.employee. 1.08 Any employee hired in a supervisory position will be started at least one step above any employees to be supervised by the newly employed employee. 2.0 KEY WOgDS 2.01 Recruitment Selection " Promotion " Evaluation Factors Position Vacancy Applicant 3.0 DEPARTMENTS AFFECTED 3.01 All City Departments 4.0 REFERENCES 4.01 A. City Charter B. Adgpted personnel policies and procedures 5.0/jSEFTNITIONS 5.01 Regular Full-time Employee - An employee in a budg~.ed position who works a minimum for forty (40) hotas or more per week on a regular basis. 5.02 Regular Part-Time Employee - All employees whose normal work schedule is ' twenty hours per week or more and excluding terr~rary and seasonal employees. 5.03 Temporary/Seasonal F_aployee - An employee who is employed for only a specific period of time (such as for the summer or fill-in while a vacancy is being filled) or for a special task or project Temporary/Seasonal employees may work full-time or part-time; however, their total hours per year may not exceed one thousand (I,000). 5.04 Exempt Position - A position that performs professional, executive or 23 admini~u ative duties and is classified as exempt by the Fair Labor Standards Act (FLSA). This classification is paid on a salaried basis and is not eligible for overtime pay. 5.05 Entry Level Position - A position in which the knowledge skills and abilities are minimal in comparison with other positions within the same job classification or family and usually nonexempt in status. 5.06 Nonexempt Position: A position that is required to be paid overtime at the rate of time and one half (i.e. one and one-half times) their regular rate of pay or, when agreed to by employee, accrue comp time at one and one-half times hours worked for all hours worked beS'ond forty (40) hours in a work week, or in total hours scheduled in a work cycle in accordance with applicable Federal wage and - hour laws. 5.07 Promotion - Advancement to a new position that is higher' on the City's pay plan than the previously held position. 5.08 Qualified applicants - All applications which meet or exceed the minimum qualifications posted and/or advertised as confirmed by the Human Resources Depam-nent. 5.09 Current eligibility list - List made up of candidates that previously passed written examination, interview, and/or assessment center to be considered for employment for a one-year period and prior to additional recruitment. 5.10 Start Date - Beginning of a payroll period when new hires may ~ employed. 6.0 .RESPONSIEilLITY/AUTHORITY / 6.01 It is the responsibility of all Directors to ensure corOpliance with the policy in accordance with these procedures. 7.0 PROCEDURE RESPONSIBILITY ~ ACHON 7.01 HiringDepartment A. Shall request additional or replacement personnel by completing the "Request for Staff' form, Exhibit 8.01, and submitting it to the Human Resoumes DeparUnent- 7.02 Hturnan Resources A. Shall initiate recruitment and appropriate advertising and receive applications. 24 B. Following job closing, H.R. shall screen applications to determine qualified candidates and make appropriate referrals to the hiring department. 7.03 I-t'ing Department A. Shall conduct interviews and complete the "Interviewer's Evaluation of Candidate" form, Exhibit 8.02, for each applicant referred by Human Resources. Each interviewer and member of assessment panel shall complete a separate form. Other assessment criteria may be substituted by the depaxunent, provided it has been approved in advance by the Human Resources ~Department. B. Complete telephone reference checks on applicants being considered for employment (Exhibit 8.03) unless a more extensive background is required for the position i.e. Public Safety employees. C. Shall retum all applications, "Interviewers Evaluaion of Candidate" forms, Exhibit 8.03, and "Telephone Reference Check" forms, Exhibit 8,04, to Human Resources with "Hiring Recommendation" form, Exhibit 8.05, including recommended salary and desired start date. (beginning ofga?Toll period), Any salary above Step 1 of the current pay plan .,will require City Manager approval, D, Shall forward a list of "eligible" applicants in order of ~hiring preference if the hiring department desires an eligibility list to be maintained for one year on entry level positions, 25 7.04 Human Resources A. Shall endeavor to make all conditional job offers within 24 hours of receipt of complete applicant documentation and hiring B. Shall coordinate drug screens, physicals, polygraphs, psychologicals, etc. C. Shall confirm job offers to successful candidates and initiate offer letters with copies to Depmhhent Directors. 8.0 EXH1BITS 8.01 Request for Staff 8.02 Entry Level Positions 8.02A Exempt Level Positions 8.03 Interviewer's Evaluation of Candidate 8.04 Telephone Reference Check 8.05 Hiring Recommendation 8.06 Eli~bility List REQUEST FOR STAFF Exhibit 8.01 Please complete and forward this form to the Human Resources Department as soon as a vacancy is known or a staff increase has been approved. Position Title: [] Replacement of Personnel Employee Replaced Date of Vacancy [] New Position ' Date of Budget Approval This position will be: [] Regular/Full time Hours/Days [] Part time HoursfDays / '[] Seasonal Hours/Days Job Requirements: [] Same as current job description [] Changes in essential job duties or requirements If there are changes in essential job duties or requirements which differ fi-om existing job description, a new job point analysis must be conducted by Human Resources. If the point analysis results in a job pay status differences and/or significant changes in the function of the position, City Manager approval will 27 Request For Staff- page 2 be necessary before recruitment is started. When a job point analysis is necessary, recruitment may be delayed until this process is complete. Recruitment [] IntemalXExtemal [] Intemal Only Assessments Please list any testing or assessment processes required for this vacancy (administered by Human Resources): [] Typing [] Vocabulary [] Spelling [] [] 10-Key Attach description of any testing/assessment processes to be administered by dep~artment or outside source. Approvals: Supervisor Date Director Date Human Resources Date 28 Exhibit 8.02 ENTRY LEVEL POSITIONS The following positions are considered "entry level" in their respective departments and vacancies may be advertised internally and externally simultaneously in order to expedite recruitment. Accounting Clerk Animal Services Officer Building. Maintenance Worker Building Inspector City Marshal Deputy Court Clerk Engineering Technician Firefighter/EMT Firefighter/Paramedic Information Systems Technician Library Clerk Library Page Maintenance Worker Mechanic Meter Reader Part-time Professional Librarian Police Dispaxcher : Police Officer Police Records Clerk Public Services Officer Purchasing Assistant Secretary Tax Clerk Utility Billing Clerk 29 Exhibit 8.02 A EXEMPT LEVEL POSITIONS The following positions are considered "exempt level" in their respective departmems and vacancies may be advertised internally and externally simultaneously in order to expedite recruitment. :':" Assistant City Engineer Reference Librarian Assistant Director of Human Resources Senior Citizens Coordinator Assistant Director of Finance Superintendent of Public Services Assistant Director of Planning Tax Assessor/Collector Assistant Fire Chief Technical Services Librarian Chief Accountant/Budget Officer Victim Assistarlce Counselor Chief Building Official Chief of Police Children' s Librarian Circulation/Operations Manager City Engineer/Assistant City Manager City Manager City Secretary Deputy City Manager Director of Administration/Human Resources Director of Finance Director of Information Services Director of Leisure Services Director of Planning Division Chief. Environmental Health Officer - Facilities Manager Fire Chief Fire Marshal · Fleet Maintenance Manager Graduate Engineer Information Systems Manager Library Manager Municipal Court Administrator Parks Operation Supervisor Parks Planning & Landscape Manager Planning & Zoning Coordinator Police Captain Police Lieutenant Purchasing Agent 3O INTERVIEWER'S EVALUATION OF CANDIDATE Exhibit 8.03 Applicant's name Date Position sought Location Candidate is [] Internal candiate [] External candidate Position is [] Managerial [] Experienced professional/technical [] Entry-level professional/technical[] Other Please keep specific requirements of position in mind and rate only those items that relate to position requirements. Education [] Exceeds minimum requirements [] Meets minimum requirements [] Equivalent to minimum requir6ments [] Below minimum requirements Explanation: Experience [] Exceeds minimum requirements [] Meets minimum requirements [] Equivalent to minimum requirements [] Below minimum requirements Explanation: ASrofessional/technical knowledge [] Demonstrates unusual grasp of relevant field of knolvledge [] Very knowledgeable [] Meets minimum requirements [] Below minimum requirements Explanation: Initiative [] Impressive [] Reasonably strong [] Average [] Easily discouraged [] Lifeless 31 , Explanation: Interpersonal skills [] Unusual ability to influence and inspire others [] Strongly persuasive and sociable [] Moderately persuasive and sociable [] Might have problems relating to or supervising others to tlie degree required by this job [] Would not relate well enough to others to meet job requirements Explanation: Reason for changing job (list all reasons thai apply) " 123 More pay [] Restless [] Location [] More opportunity [] Not currently employed [] Other Explanation: Overall assessment [] Highly qualified [] Acceptable qualifications [] Not qualified Explanation: ,,~ Outcome [] Hired [] Not hired Explanation: Interviewer's name Date Title Reviewed by [Signamre(s), date(s)] Note: Each interviewer must complete this form. 32 TELEPHONE REFERENCE CHECK Exhibit 8.04 Applicant's Name Job Applying for "My name is (name) from (name) City. Mr./Ms. (name) has applied for a position here at (name) company. We would like to verify the information provided by (name) and Mr./Ms. (name) has given us permission." ':' 1. IDENTIFICATION: Person Contacted Company City & State Phone [] Personnel Dept. [] Ex-Supervisor [] Other 2. INFORMATION ON APPLICATION 3. VERIFICATION'gF INFORMATION Job Title Job Title Dates of Employment: Dates of Employment: From To From To Salary/Wage Salary/Wage Start $ Per Start $ Per Final $ Per Final $ Per Date of Last Pay Increase Date of Last Pay Increase Reason for Leaving Reason for Leaving 4. JOB RESPONSIBILITIES Attendance & Tardiness Record: Performance Appraisal: 5. ELIGIBLE FOR RE-HIRE? [] Yes [] No If no, reason: 6. References checked by: Date Comments: HIRING RECOMMENDATION Exhibit 8.05 I request that HtLrnan Resources coordinate the hiring of the following candidate: NAME: POSITION: RECOMMENDED SALARY: " RECOMMENDED START DATE: Supervisor ~Date Department Director Date 34 ELIGIBILITY LIST Exhibit 8.06 DATE: POSITION: .~../, DIRECTOR APPROVAL: Please maintain the following list of eligible candidates for consideration for employment in the above position should an additional vacancy occur. List in order of hiring preference: 1. 2. 3. 4. 5. / NOTE: The number of names on the eligibility list is determined by the department, and can be less than five or more than five. 34. ~ CITY OF COPPELL STANDARD OPERATING PROCEDURES SUBJECT: SOP NUMBER: Outside Kmployxnent 1113 AUTHORITY: REPLACES: Personnel Policy effective October 1, 1986 PAGE: I of 4 REVISED DATE: EFFECTIVE DATE: REVIEW DATE: April 13, 1992 Annual PREPARED BY: Personnel Policy Task Force APP~BY~~ANAGER ,~1 D R tl ff 1.0 POLICY 1.01 It iS the policy of the City of Coppell that an employee may engage in an outside employment activity or enterprise provided that he/she receives prior written approval from the Department Director. Such outside employment shall neither constitute a conflict of interest, adversely affect the employee's job performance with the City of Coppell, nor unfavorably reflect upon the City. 1.02 The employee may not be covered by the City's worker's compensation insurance unless the employee is required to perform official city employment activities while 'engaged in such outside employment. i \ 1.03 A Department Director must receive written approval from the City Manager prior to engaging in an outside employment activity O? enterprise. 2.0 KEY WORDS 2.01 Outside Employment : ~ 2.02 Employment 3.0 DEPARTMENTS AFFECTED 3.01 All City Departments 4.0 REFERENCES N/A 35 5.0 DEFTNtItONS 5.01 Outside Employment - A job, activity, or enterprise which constitutes a form of employment or business outside the responsibilities of employment with the City of Coppeli. 5.02 Conflict of Interest - Any activity, enterprise, or employmen t:~hich conflicts with the City's policies, procedures, or standards of employment. 6.0 RESPONSIBILITY/AUTHORITY City of Coppell policies, procedures, and standards of employment. 7.0 PROCEDURES RESPONSIBILITY ACTION 7.01 Employees .... A. Shall request authorization of outside employment from the Department Director prior to entering into the requested outside employment by completing the Authorization for Outside Employment form (Exhibit 8.01). 7.02 Department Directors ..... A. Shall authorize outside employment in accordance with this policy. In the event a request for outside employment is denied, provide written comments on the ~ Authorization for Outside Employment : form. B. Shall furnish the r~luesfing employee a copy of the Authorization for Outside Employment indicating approval/denial and forward a copy to the Personnel Department for the emplqyee's personnel file. C. Shall direct any requests for their own outside employment to the City Manager by completing the Authorization for Outside Employment form prior to entering into the requested outside employment. 36 7.03 The City Manager ..... A. Shall authorize or deny outside employment for directors. B. Shah forward a copy of the completed Authorization for Outside Employment to the requesting director and the Personnel Department .... ; 8.0 EX'HIBFTS 8.01 Authorization for Outside Employment Exhibit 8.01 AUTI:IORIZATION FOR OUTSIDE EMPLOYMENT City Employee Name: City Department: ,.~ Place of Outside Employment (Name and Address): Provide description of type of business and your responsibilities: Does your outside employer provide any employee benefits such as Worker's Compensation, Medical and Dental Insurance, Unemployment Compensation, etc. __ Yes __ No If yes, please list benefits: Employee Signature Department Director's Approval (If denied, please provide comments below) City Manager's Approval Denial 38 CITY OF COPPELL STANDARD OPERATEx G PROCEDURES SUB.IECT: SOP NUMBER: Exit Interviews 1114 AUTHORITY: REPLACES: Personnel Policy effective October 1, 1986 :PAGE: 1 of 3 REVISED DATE: EFFECTIVE DAT~_E: REVIEW DATE: April 13, 1992 Annual APPR ED BYeCITY MANAGE · ~.lan D. R. tUtt 1.0 POLICY 1.0I It is the policy of the City of Coppell that an employee who is separated from employment with the City shall be provided an exit interview prior to his/her last day of work to discuss the reason(s) for the separation except where extenuating circumstances apply. 1.02 If an employee refuses an exit interview, he/she will forfeit eligibility for rehire. 1.03 Final payment of compensation may be withheld pending return of City property, completion of necessary paperwork and other requirements of termination. /].04 Information discussed during the exit interview regarding an employee's employment history shall not be released to anyone with, the exception of the City Manager. 2.0 KEY WORDS 2.01 Employment ~' 2.02 Exit Interview 3.0 AFFECTED DEPARTMENTS 3.01 All City Departments 4.0 REFERENCES 4.01 N/A 39 5.0 DEFINirtONS 5.01 Employment - Active full-time or part-time work in exchange for compensation. 5.02 Separation - Termination of active employment through resignation, retirement, layoff, or involuntary termination. 5.03 Exit Interview - An arranged meeting with Personnel Department to fmaliTe all compensation due, return City equipment, provide explanation of continued benefits, and review employment history. 6.0 RESPONSIBILITY/ALrYHOR1TY 6.01 It is the Department Director's responsibility to notify the Personnel Director of all separations, arrange for exit intexwiew appointments, and complete check lists for separated employees (Exhibit 8.01). 7.0 PROCEDURE .. RESPONSIBILITY ACTION 7.01 Resigning/Retiring Employee ..... A. Shall notify Department Director in writing of date of resignation and reason. 7.02 Department Director ...... A. Shall notify Personnel Director of any and all separations, arrange for exit interview appointment and advise employee of same, and complete Separation Check List and forward to Personnel Department / ' prior to exit interview. ~x 7.03 Personnel Director (or designee)... A. Shall meet with each separated employee to finalize all compensation due, explain benefits, and review employment history. 7.04 Personnel Department ...... A. Shall process all pay-related forms to Personnel Department and process all other paperwork in accordance ,' with department procedures. 4O 7.05 Department Directors ....... A. Shall follow appropriate policy for written notification to any employees affected by layoffs or involuntary termination. 7.06 Separated Employees ..... A. Shall return all City property, attend exit interview.,-:,,appointment, and complete all required paperwork. 8.0 EXI4IBITS 8.01 N/A , CITY OF COPPELL STANDARD OPERATING PROCEDURES SUBJECT: SOP NUMBER: Personnel Records 1115 Personnel Policy effective October 1, 1986 PAGE: 1. of 5 REVISED DATE: EFFECTIVE DATE: REVIEW DATE: April 13, 1992 Annual 1.0 POLICY 1.01 It is the policy of the City of Coppell to maintain official personnel flies in the Personnel Department for each City employee which contain information relative only to employment with the City. 1.02 The release of information contained in personnel files is controlled by the provisions of the Texas Open Records Act. The Personnel Director may release impersonal statistical information as deemed appropriate. 1.03 Personnel files are open for inspection as follows, subject to procedures established by the Personnel Department: A. An employee or his duly authorized agent may ..examine the entire contents of that employee's personnel file. B. Upon written request complying with the provisions of the Texas Open~ Records Act, any person may examine all information contained in any employee's personnel file, except information which is deemed confidential by law and information which would constitute a clearly unwarranted invasion of personal privacy if disclosed. C. A City emplo~,,ee having supervisory authority over the employee or an employee with a bona fide "need to know" may examine material in an employee's personnel file if approved by the Personnel Director. D. By order of a court of a competent jurisdiction, any person may examine such portion of any employee's personnel file as may be ordered by the Court. 42 1.04 An employee of the City who objects to material in his/her personnel file on the grounds that it is inaccurate or misleading may file a statement relating to the material. Unauthorized removal or alteration of any documents from a personnel file will subject the employee responsible to appropriate discipline, including termination. 1.05 No information shall be released on an active or inactive employee except through authorization of the Personnel Department. i .06 Medical records for all employees shall be maintained in separate files and treated as confidential. 2.0 KEY WORDS 2.01 Personnel Records 2.02 Personnel Files 3.01 DEPARTMENTS AFFECTED 3.01 All City Departments 4.0 REFERENCES 4.01 Texas Open Records Act 5.0 DEFINITIONS 5.01 Official Personnel Files - The file maintained on each employee in the personnel department which contains information relevant to employment with the City, ,-, including employment information, performance, and salary history. 5.02 Departmental Personnel Files - The f~e maintained :on each employee in the department in which the employee works. 5.03 Texas Open Records Act - State legislation which mandates the definition and control of government records. 6.0 RESPONSIBILITY/AU'I~ORITY 6.01 It is the responsibility of the Personnel Department to maintain personnel records of each individual employed by the City of Coppell. 43 7.0 PROCEDURES RESPONSIBILITY ACTION 7.01 Employee ......... A. May request an inspection of Ris/her personnel file at reasonable intervals by completing the ~., Record Request Form (Exhibit 8.01) and forw~.rding it to Personnel. B. May visit the Personnel Department during the time indicated by Personnel, subject to supervisor's approval for time away from the workplace. C. May request copies of information from his/her file, but Personnel may require additional time to furnish the copies requested. D. May request information be included in his/her personnel file by forwarding it' through his/her department director. Such requests are subject to Personnel Department review for appropriateness. E. May include written comments in his/her personnel file relativeto information contained therein. / ~.02 Department directors and ~ supervisors .... A. May request the inclusion of information into a Personnet' File of their employees, subject to Personrtel Department approval. B. May review the Personnel ties of prospective 5 internal applicants and employees under their departmental jurisdiction. 7.03 The City Secretary .....A. Shall forward any requests for information or other official documents requesting information in an employee's personnel file to the Personnel Department. 44 7.04 Personnel Department ... A. Shall maintain all personnel files of City employees. B. Shall review all information to be included in the personnel files for appropriateness. C. Shall verify that all req~xests for information or official documents requesting information from an employee's personnel file have been routed through the City Secretary's office. D. Shall request an opinion from the City Attorney before honoring requests for information or other official documents requesting information from an employee's personnel file. .. E. Shall respond to requests for employee inspections of personnel files within a reasonable period of time by completing the - Inspection Authorization form (Exhibit 8.01) and returning it to the requesting employee. 7.05 The City Attorney ... A. Shall review all requests for information from personnel files and render an opinion as to legal requirements for compliance. 7.06 All City personnel ... A. Shall refer inquires regarding verification of ,' employment, job reference inquiries, and ;,' other verbal or written request~~ for information regarding information of this nature to the Personnel Department for response. B. Shall forward a copy of any letters of recommendation on current or previous City employees to the Personnel Department for inclusion in the personnel files. ,' 8.0 EXHIBITS 8.01 Personnel Record Inspection Request/Inspection Authorization form. Exhibit 8.01 PERSONNEL RECORD INSPECTION REOUE,ST I hereby request to inspect my personnel file. I hereby request my designated representative, , to be allowed to inspect my personnel record. (Signed) NOTE: Requests for inspectibn of records will be granted at reasonable intervals only, and you will be informed of the time scheduled for the inspection by the Personnel Department. You will need to obtain approval from your supervisor to be away from your job for this purpose. INSPECTION AUTHORIZATION Your request to inspect your personnel records is granted. You (or your des~nated representative) may view your record on between (m.) and (m.) in the Personnel Department. Please Bring this authorization with you at that time. Your request to inspect your personnel records is denied for the following reason(s):, If you have any questions, please call in the Personnel Department. 46 CITY OF COPPEI I, STANDARD OPERATING PRO CFIIURES SUBJECT: SOP NUMBER: Classification/Compensation 1128 AUTHORITY: REPI ,ACES: Personnel Policy effective April 13, 1992 PAGE: 1 of 5 REVISED DATE: EFFECTIVE DATE: REVIEW DATE: December 31, 1997 March 1, 1998 Annum PREPARED BY: Personnel Poticy Task Force APPROVED BY CTI~,~ Jim Win k0 POLICY 1.01 It is the policy of the City of Coppell to establish a classification/con~nsation plan based upon:the analysis of the duties and responsibilities of positiom throu~ use of objective job evaluation factors and designed to compensate each job at a rate of pay appropriate for the level and type of work performed by each job within an established pay irade and in relation to the Citfs competitive labor market. 1.02 All requests fi-om a department director to reclassify an employee's position on the pay plan must be reviewed and evaluated by Human Resources and approved in writing' by the City Manager or his designee prior to the employee's assumption /: of these responsibilities 1.03 Under no circumstances shall an eraployee be given sfipervisory responsibilities without the express written approval of the City Manager or his designee. If an employee is approved for reclassi~cation to a sutx'rvisory status, that employee will receive a promotional increase and be placed on a performance probation status of at least six months. 104 All employees reclassified to a supervisory status are mandated to participate in supervisory Unining approved by the Department Director during the probationary stares, evidence of which must be provided to Human Resources with the completion of a probation form. 1.05 All positions shall be designated by official job titles on the City classification/compensation plan. These official job rifles and duties shall be maintained and updated by the Human Resources Department and used on all official records, business cards, city identification, paymils, and City related communications. 99 1.06 The City Mmmger is authorized to determine the appropriate pay grade to which each position is assigned and the pay step to which an employee may be assigned, based upon appmprisle justification, and within the pay grades and salary ranges established by the City classi~cation/compem~ion plan and the salary budget approved by the City Council. 1.07 Any employee who is designated as exempt from the pay pl~ shall be paid within maximums set in a budget approved by the City Council. 2.0 KEY WORDS 2.01 Classification/Cornpensation Plan 2.02 Merit Increase 2.03 Pay Plan ', 2.04 Salary ~ 2.05 Pay Grade 3.0 DEPARIMENTS AFFECTED 3.01 All City Departments 4.0 REFERENCE 4.01 N,/A 5.0 DEFINITIONS 5.01 Cl~,ssi~cation/Compensation Plan - A plan that classi~es positions into established / pay grades and salary ranges based upon a job factor evaluation process. 5.02 Job Evaluation - A process by which positions, job duties, and responsibilities are reviewed based upon job rela~ed factors (i.e. knowledge, education, experience, etc...) and assigned to pay grades with other positions of similar job duties and responsibilities. 5.03 Merit Increase - Increase in salary based upon merit derived through the performance evaluation proce~. 5.04 A reclassifcafion is an approved change in essential job responsibilities which warrant a change in pay grade. I00 6.0 RF$PONSIBILITY/AUTHORITY 6.01 It is the Dcpamnent Director's responsibility to cnsur~ th~ ca~h position's job duties, responsibilities, and requirements are accurately communicated to the Human Resources Department for update and maintenance of the official job descriptions of positions as reflected in the City's Companion/Classification Plan. 6.02 It is the responsibility of the Human Resources Department to ensure that the City's Classification/Compensation Plan is administered fairly and equitably based upon merit and competitively maintained within City labor markets through procedures established by the City Manager. 6.03 It is the responsibility of the City Manager to establisb procedures for the admini~ttdion of the Cit,/s Classification/Comtxznsation Plan. 7.0 PROCEDURE RESPONSIBILITY ACTION 7.01 Employee ...... A. Shall succossfully complete the initial probationary period on or before September 30 in order to be considered for an annual merit increase the first year of employment. / B. Shall be eligible for a merit iricrease every twelve (12) months thereafter. 7.02 Department Directors A. Shall submit a written request for reclassification to the Human Resources Depa.danent prior to making changes in an employee's job responsibilities which could affect the employees position on the pay plan. B. Receive City Managers approval prior to significantly increasing job responsibilities or adding responsibilities or adding supervisory duties. 101 C. Arrange for supervisory training for any newly promoted or reclassitied employee with supervisory duties prior to completion of probation. 7.03 Human Resoutr. t~ Department.. A. Shall initiate a~ :~rktuest of City Manager, a market survey m detex urine whether the City's comperksation/classi~calion plan is competitive within the market. B. Shall evaluate requests for reclassi~catiOn and make recommendations ,to City Manager when adjustments are needed. C. Shall maintain the City's Classification/Compensation Plan * data current with changes in salary and approved requests for reclassitication. D. Shall prepare compensation budget projections annually for review and approval by City Manager and City Council. Z ' E. Shall maintain the official, current job description for each position on the City's pay plan. 8.0 EXHIBITS 8.01 N/A ~ 102 OF COPPELL STANDARD OPERATENG PROCEDURES AUTHORITY: REP_LACF~: Personnel Policy effective Jauuary 15, 1993 P_A~: I of 10 REVISED DATE: EFFECHVE DATE: REVIEW DATE: : December 31, I997 March I, 1998 Annual PREPARED BY: APPROVED BY CITY 1.0 POLICY 1.01 It is the policy of the City of CopFell to maintain an effective, productive, and disciplined work force through a progressive disciplinary program wherein each employee is responsible for maintaining acceptable standards of job performance and personal cobduct. i 1.02 The City of Coppell has a snrong commitment to progressive discipline but does reserve the fight to take Lmmediate formal action, up to and including termination, if it determines in its sole discretion that circumstances warrant it. 1.03 Wherever possible the City shall use a progressive discipline system which may include the following degrees of discipline action: (I) Oral Warning; (2) Written Reptinknd; (3) Probation; (4) Suspension from Duty Without Pay; (5) Demo~on; (6) Dismissal/Terminaion of Employment. 1.04 Prior to receiving discipline, employees are entitled to a full and fair investigation, and employees are given the opportunity to explain actioffs in accordance with this Standard Operating Procedure. 1.05 Employees are subject to disciplinary action fo? any violation(s) of City or Department policies and procedures, rules and regulations, either written or verbal. 1.06 Disciplkmry action shall be supported by sufficient evidence and conducted in ~ compliance with this Standard Otx-~ing Procedure. 1.07 The following criteria shall be considered in determining what disciplinary action is to be taken: severity and kind of violation/offense; the consequences of the violation; impact of the offense on other employees, the City, and citizens; the employee's past job performance, conduct, behavior, and previous occurrences of similar offenses. 184 1.08 Disciplinary action may be taken against an employee for ac~(s) of an employee constituting unsatisfactory behavior or conduct relative to irmdeqmte job performance and fimess for public employment. These acts include, but am not limited to the following:. 1. Falsifying City records. 2. Fighting or provoking or instigating a fight on City premises. 3. Sleeping on the job during working hours, with the exception of Fire Shht personnel operating in accordance with Fire Deparanent rules and regulations. 4. Excessive or urmuthodT_~ absence or tardiness... 5. Neglect or carelessness resulting in injury, waste, or destruction of City property. 6. Failure to return to work after authorized leave unless valid excuse is given or leave is extended. 7. Possession, influence, and/or use of an alcoholic beverage and/or controlled substance, as defined herein, while on duty. 8. Refusal to discontinue outside employment that conflicts with the interest of the City. 9.. I'&srcpresentation at the time of hire and/or false statement on employment application. ,~ 10. Theft and other offenses involving moral turpitude. 11. Dishonesty. 12. Forgery. ~ 13. Willful destraction of City properly. 14. Other reasons may be considered if necessary for canying out assigned duties and responsibilities. 15. Failure to follow a direct lawful order of a superior, supervisor, or Director. 185 . .. 16. Failure to return to work after disciplinary suspension. 17. Failure to observe the established rules, policies, and prcr,.~Iures of the City and employing Department. 18. Failure to observe State and Federal regulations. 19. Violation of the sexual harassment policy. 20. Horseplay, safety violations, and carelessness. 2 I. Malicious Gossip regarding another City employee, department, or the City of Coppell. 22.. Conviction of felony or misdemeanor. , 23. Possession of a firm including a concealed handgun, or other weapon while in City buildings or facilities in violation of the Citys weapons ordinance. This does not apply to employees of the City Police Department authorized to carry weapons in the performance of their job duties. - 1.09 In some circumstances a more positive approach to discipline may be deemed appropriate by the deparunent director. In these cases a decision making leave with pay may be used as an alternative to discipline or in combination with other forms of discipline. The purpose of this approach to disciplirmry action would be to allow an employee time to decide whether he/she wishes to correct behavior problem(s) and remain with the City. This type of leave, like any disciplinary action, must be documented with employee's statement on return to work This ~.- option can only be used one time in a twelve month period for the same enbloyee and cannot exceed one day or one shift. 1.10 Probationary employees, as defined herein, shall be,subject to all discipliruary actions set forth in this policy and have no right of appeal for disciplinary action, including termination. I. 11 If the City Manager detennines that suspension is in the best interest of the City and public, the City Manager may suspend, with or without pay, an employee charged, or indicted for a felony or misdemeanor, or accused by information of official misconduct, oppression, or other serious criminal violations until the charges, indictment or information is dismissed or fully adjudicated without uial, and, fftried, until the trial and appeal (finny) are completed. A suspended employee may be entitled to reinstatement to the position held before ..) 186 suspension (if available) without loss of benefits ff the indicuuent or information is dismissed, the employee is acquitted, or the conviction is revemed on appeal. The suspension of an employee reinstated under this policy section is not a disciplinary suspension. 1.12 Exempt employees shall not be subject to a ~ion without pay for less than five days, except for serious violations of City or .Delgtm..ental safety rules. Exempt employees may have their accrued vacation docked as a form of pr%m'essive discipline, in lieu of suspension without pay. Exempt employees are those employees who perform administrative, professional, or executive duties and who are classified as exempt under the Fair l,~3or Standards Act (FLSA). These employees are paid on a salaried basis and are not ' eligible for overtime competr~iop_ 2.0 K~,Y WORDS 2.01 Appeal 2.02 Discipline, Disciplinary 2.03 Just Cause 3.0 DEPARTMENTS AFFECTED 3.01 All City Deparunents 4.0 REFERVUNCES 4.01 SOP #I 111 - Performance Probationary Period 4.02 SOP #1121 - Performance Evaluation System ;, '4.03 SOP #1182 - Appeals 5.0 DEFINITIONS 5.01 Administrative Leave - Severance of the employee from employment with or without pay (as the offenseJviolation dictates) for a definite or indefinite period. 5.02 Alcoholic Beverage - Alcohol or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes either alone or when diluted. 5.03 Appeal - The process wherein a disciplined employee may request further consideration. 5.04 Authorized Leave - Any absence appmved by an employees supervisor, 187 ' - Depmta~ent Director, or City Manager. 5.05 Business Day - Monday through Friday, 8 am. to 5 p.m., including City- designated holidays. 5.06 Controlled Substance - Any substance, including a drug and an immediate precursor, listed in Schedules I through V or Penalty Groups 1 through 4, as provided in Section 481.001, et seq, Texas Health and Safety Code, as amended. 5.07 Counseling Conference - A meeting between the employee and immediate supervisor or other supervisor regarding work performance, job deficiency, or job description, and where there is a discussion of corrective job expectations, assignments, and violations of departmental, City, State, and Federal rules and regulations. 5.08 Demotion/Reduction in Pay - The reduction or downgrade of an employee's position or pay. 5.09 Decision Making Leave - Leave of one day or one shif[ to allow opportunity to decide whether behavior problem can be corrected. 5.10 Disciplinary Conference - A meeting between the Department Director, the affected employee, and any other persons deemed necessary by the Department Director. No legal counsel shall be allowed during this meeting. 5.11 Dismissal/Termination - Severance of the employee ~om the City's employment as a result of disciplinary action. 5.12 Employee - Regular full-time or part-time worker (excluding temporar,~,, or seasonal when necessary). 5.13 Job Abandonment - Unmr~horized leave over 24 worldng hours or 24.1 for shift personnel. 5.14 Just Cause - An act(s) of an employee which constitutes unsatisfactory behavior or conduct relative to job performance and ~mess for public employment as listed in this Standard Operating Procedure. 5.15 Probationary Employee - An employee who has been employed, transferred, and/or promoted within the previous six months or less, except for employees involved in certification training who have been employed for a year or less. Probationary Employee also applies to employees who have been placed on disciplinm-y status as a result of disciplinary action. Any employee who is in a probationary status for any reason and who is terminated during the probationary 188 period is not eligible for appeal. 5.16 Reprimand - A written v,~'thng to the employee fi'om a supervisor or director concerning the employee's job performance, behavior, or conduct. 5.17 Suspension - The temt~rary severance of the employee from employment, w~thout pay, for a fixed number of days or shifts as a ,r~.ult of a disciplinary action. 5.18 Warning - A verbal or oral counseling session re=carding job performance, conductjbehavior, etc. 5.19 Malicious Gossip - Repeating ofpep3onal comments which could be construed as · detrimental to one's character or reputation by a reasonable per3on. 5.20 Weapon - any device which is inherently dangerous a~d/or can be used by employee to inflict bodily injury or death. "Weapon" includes, but is not limited to handguns including pistols and revolvers, rifles, shotguns, knives, brass knuckles, or any other device which is inherently dangerous and/or can be used as a weapon. 6.0 RF£PONSIBILITY/AUTHORITY 6.01 Departmental Authod.ty - The Director of each department is authorized and directed to administer guidelines and procedures contained in this Standard Of:k-rating Procedure. Because of the variety of services performed by the City, it may be necessary for departments to establish cries of conduct, rules, job descriptions, policies, and procedures to accomplish departmental responsibilitie. Departmental codes of conduct, rules, policies, and procedures must be in writing and may be more restrictive than City policyland/or State and Federal law. Each director has the responsibility and authority to instruct, correct, and discipline any employee who does not act in accordance with established rules and regulations or provides unsatisfactory job performance or conduct/behavior. 6.02 Supervisor Responsibili.ty/Authofity - Supervisors have the responsibility and authority to supervise and evaluate employees under their command; administer departmental and City policies and proctxlures; and document su~rdinates' job performance, conduct, and behavior that either does not meet standards or violates policy, rules and regulations, or laws. They also have the authority to issue written reprimands for disciplinary reasons. 6.03 Employee Responsibility - Each employee is responsible for maintaining acceptable standards of job performance and personal conduct. An employee who 189 violates a departmental code of conduct, rules, policy, procedure, etc., is subject to disciplirmry action in accordance with this Standard Operating Procedure. It is the employeds responsibility to know and understand City and departmental policies. 7.0 PROCEDURFS RFSPONSIBrt .ITY ACTION 7.01 Supervisors shall ........ A. Supervise and monitor performance of their subordinates. B. Administer departmental and City - policies and procedures. C. Strive to point Out deficiencies at the time they are observed. D. Comply with the City of Coppell's policy of progressive discipline. E. Document allegations of unsatisfactoryjob performance, misconduct, and violations of departmental, City, State and Federal rules and regulations where required. F. Provide affected employee with a copy of documentaxion relevant to a / peneking disciplinary action. '~ G. Issuewritmrepdmandsondisciplh~3, issues. H. Forward discipline-related documen- tafiomthrough the employee's chain- of-command to the Department Director along with a recom- mendation of disciplinary action to be taken ff in excess of a written 7.02 Department Direct6r shall .......A. Review all documentation with Human Resources if in agreement the 190 recommended discipline is warranted. B. Ensure that the involved employee is afforded the opportunity to present an explanation for his/her action or lack of action. C. Schedule a disciplinary conference ff he/she fin& that discipline is warranted and the disciplinary action involves a suspension, demotion/reduction in pay, or tc~niination. (If the disciplinazy recommendation involves a reprimand only, the director shall make determination without a disciplinary conference). D. In scheduling a disciplinary conference, directors shall allow employees a reasonable amount of time (a minimum of 2 business days) to prepare for the disciplinary E. Determine whether employee suspected of an alleged violation of policy or misconduct should be placed on administrative leave / ' pending further investigation into a possible disciplinary action. The director may make this decision prior to the disciplinary conferen~ or during the disciplinm7 conference. F. Be the final administrator of all decisions regarding discipline subject to the employee's fight to appeal, ff applicable. G. Provide the affected employee with written notice of his/her decision, stating the following: '191 (1) The allegation(s) of the incident(s) resulting in the disciplinary action. (2) The rule(s), regulation(s), policy(s), procedure(s), law(s), ~t~. violated. (3) Type of disciplinary action to be taken reprimand, suspension, demotion/ reduction in pay, or dismissal/termination of' employment. (4) Except in casea of dismissal, state the likely consequences of additional unsatisfactory performance and/or conduct. (5) Advise of employee of Appeal Rights under SOP #1182, if applicable. H. Within three business days atter the final decision has been reached and forwarded to the affected employee, file his/her written decision along with all supporting documentation to = the Human Resources Department. I. Ensure the receipt of all disciplinary notices - or decisions are acknowledged by signature of affected employee and dated. 7.03 Human Resources Director A. Review all disciptimary actions. or designee shall ..... B. Recommend to the City Manager tt~ any disciplinary decision which is found not to be in compliance with departmental, City, State, or Federal rules and regulations be remanded. "/ 192 , C. Maintain all written documentation in the affected employee's official personnel file. 7.04 Employees may ..... A. Appeal disciplinary decisions of tc.z~"~ion, demotion/reduction in pay, or suspension (provided employee is non-probationary) by following SOP #1182, Employee 7.05 Employees shall .... A. Acknowledge receipt by signature and cl~t~ any written disciplinary notice or decision, though said signatt~ is no~ an admission of guilt. 8.0 EXHIBITS ,. 8.01 N/A ) 192.a : CITY OF COPPEI,I, STANDARD OPERATING pROCEDURES -~.~: SOP NUMBER: Employee Appoak 1182 AUTHORITY: REP~: Personnel Policy effective January 15, 1993 PAGE: _1 of 12 REVISED DATE: EFFECTWE DATE: REVIEW DATE: December 30, 1997 March 1, 1998 Annual PREPARED BY: Personnel Policy Task ForceAPPROVED BY CITY MANAGER: Jim Witt 1.0 POLICY 1.0I It is the policy of the City of Coppell to employ a uniform process of resolving employee appepls of any application of city and/or departmental Me(s) and regulation(s), unequal t~eatment within a department or work group, annual performance evaluation, and/or disciplinary actions of suspension of more than one (1) day, demotion and temiation in a timely manner and at the lowest possible supervisory level. Any appeal(s) must be in writing along with all supporting documentation specifying any rule(s)/regulation(s) violated, adverse treatment/disciplinary action taken, being questioned as well as the specific remedy(ies) being sought. : 1.02 All apt~eals with the exception of an appeal of disciplinary action will be reviewed "' by the City Manager and/or his designee and the Director of Human Resources and/or his designee. All disciplinary appeals will ~ heard by a Disciplinary Appeals Advisory Boar& .. 1.03 The City Manager shall establish the process by which employee appeals will be handled through successive higher levels of management review and the time requirements in which appeals will be resolved Nan expeditious manner giving due consideration to all the participants responsible and the essential operations of all affected departments. 1.04 Fallme of an employee to appeal from one level to the next level within the time limits established by the City Manager will result in the employee appeal being considered settled on the basis of the last decision rendered and the appeal shall not be subject to any further appeal consideration. 194 1.05 Failure by management to reply to an employee's appeal within the time limits established by the City Mmmger will restfit in the employee's appeal automatically being directed to the next higher level of review and in accordance with established time ILmits. 1.06 The appeal process and applicable time requirements may be suspended or waived ' due to the following A. When either the appealing employee(s) or the involved supervisor is on aiDproved leave, the time limits established shall be suspended for the period of the leave. B. When by mutual agreement confirmed in writing i'd. good came, any level of review or time limits established may be suspended, extended, or waived. C. When in the discretion of the City Manager, extension, suspension, and/or waiver requested is in the best interest of the City, and/or departmental operation. 1.07 Groups of similar employee appeals that develop shall be treated as one (1) appeal. The affected employee group shall select not more than two (2) " spokespersons and/or an employee representative to act on behalf of all involved. The acceptance of the decision by the selected representative(s) at any step will be binding on all parties. /hl.08 An unreasonable number of appeal submittals by one individual or, ,group obviously designed to thwm orderly processing or appeals which are patently irrelevant or incomprehensible as deemed by the City-lVlmmger, shall be rejected as "nonappealable" and returned to the appealing part~ies). 1.09 All hearing conducted in the adjudication of an appeal shall be processed on City time without loss of pay, if the employee is scheduled to work and on normal business days, taking into consideration the appealing employee's work schedule, departmental operating requirements, and the need for wimesses, representatives, or other participants as required. Requests for wimesses by both management and the appealing employee will be coordinated by H.R. Voluntary off-duty wimesses will not be compensated unless the hearing falls during their regular work schedule. / 195 CITY OF COPPELL STANDARD OPERATING pROCEDURES ~SUBJEC_ _ T: SOP NUMBER: City Property/Equipment Use 1185 AUTHORITY: REPLACES: Assignment &Use of City Vehicles Policy (7/7/89) Personnel Policy effecti,e October 1, 1986 PAGE: _1__ of ,5 REVISED DATE: EFFECTIVE DATE: REVIEW DATE: December 31, 1997 March 1, 1998 Annual PREPARED BY: Personnel Policy Task Force APPROVED BY C____... MA(~, E~ Jam W~tI peq/sop~ : l'i e 1.0 POLICY 1.01 It is the policy of the City of Coppell to attempt to provide adequate tools, equipment, vehicles and facilities for the City job being performed, and the City requires all employees to observe safe work practices and lawful and courteous operation of vehicles and equipment. : 1.02 No personal use of any City property, materials, supplies, tools, equipment or vehicles is permitted without prior written approval by City Manager, Deputy City Manager, Department Director, and/or written employment agreement. 1.03 The use of all tobacco products (including smokeless) is prohibited while : operating and/or being a passenger in City owned vehicles and/or equipmeht. 2.0 KEY WORDS 2.01 City Property 2.02 Equipment 2.03 Materials ~ 3.0 DEPARTMENTS AFFECTED 3.01 All City Departments 4.0 REFERENCES 4.01 N/A 5.0 DEFINITIONS 5.01 Employment A~reement: An agreed upon set of terms as condition of employment. 213 5.02 Ci.ty-owned Vehicle: Any vehicle owned, leased, rented or otherwise under the custody or control of the City. 5.03 Take-Home V_.ehig~: A City-owned vehicle taken from the' City premises after nonre/working hours to remain in home storage overnight. 6.0 RFSPONSF/3ILITY/AUTHORITY 6.01 It is the responsibility of each Beg/gent Director to ensure compliance with the standard operating procedures. 6.02 A City vehicle is to be assigned to a !iksition or ernployee x~hen it would be more economical than payment of a car allowance or mileaF reffnbursement and will not detract from the duties required. 6.03 To be eligible for assignment of a take-home vehicle, an employee must be subject to emergency call back during off duty hours to locations other than the employee's nomml work station. 6.04 No persona/use of a take-home vehicle is permitted except to commute to and from home or work. A City vehicle is not to be used for personal business such as going to the bank, grocery store, etc. without prior written approval of the City Manager, Deputy City Manager, or Department Director. 6.05 No alcOholic beverages are allowed in City vehicles. -' 6.06No passengers may be h'atg~orted in take-home vehicles except as required by official duties. 6.07 In order to ensure and allow immediate or emergency rlsponse at all times, the Police Chief; Fire Chief; Director of Public Works, Director of Emergency Management and City Man_ager shall have use of Ceir vehicles at all times that these vehicles are wig an area which allows a r~ponse within 45 minutes to their respective work stations. 6.08 If deemed appropriate and is in the best interest of the City, and recommended by the City Manager, and ff approved by the City Council, use of a City owned vehicle may be included within a written contract of employment and may be exempt from this policy and procedure or certain conditions of this policy or procedure. 214 6.09 The City's vehicles are classified as "exempt" and "non-exempt" as prescribed by law. 6.10 The employee to whom a "non-exempt" vehicle is assigned for take-home will incur a Federal Income Tax liability for the fringe benefit 6f commuling to and fi-om work in a City vehicle. Most pickups, vans and automobiles are classified as "non-exempt" vehicles. 6. i 1Exempt Vehicles include: Clearly marked police and fire vehicles Delivery trucks with seating only for the driver , Flat bed trucks Cargo vehicles with a gross vehicle weight over 14,000 pdimcls Passenger buses with a seating capacity of at least 20 passengers Ambulances or hearses Bucket trucks or "cherry pickets" Cranes and derricks Forklilts Cement mixers Dump trucks and garbage tracks , Refrigerated tracks Tractors Combines School buses Specialized utility repair macks /: Moving vans i~ Urungked law enforcement vehicles operated by an officer or arson investigator who is a full time employee authorized to carry a firearm, execute search warrants and make arrests 6.12 All police and fire vehicles used by employees on call 24 hours are exempt from the fringe benefit liability. ~ 6.13 All vehicles except those listed above are classified as "non-exempt" and the employee who uses a "non-exempt" vehicle for take-home :will incur a Federal income tax liability for commuting in a City vehicle. 6.14 An automobile allowance or mileage reimbursement will be a working condition fringe benefit when it will be more economical for the City than provision of an automobile and will not detract from the duties required. 215 6.15 The recipient of an automobile allowance will be responsible for the record keeping necessary for Federal Income Ta.,c Mileage reimbursement will be the amount allowed as dedu~'ble by the Internal Revenue Service. 6.16 Supervisory personnel is responsible for ensuring all operating procedures are updated as needed. "' 7.0 PROCEDURF, S RFSPONSIBILITY ACTION 7.01 City Manager/12k:puty'City Mmager, A. The City Manager may Delyamnent Director/or Designee approve~ the assignment of a vehicle to a specific employe~ or position for City business use and/or take- home. B. The assignment of vehicle or automobile allowance will be determined through the annual budget process and must be approved by the City Manager. C. Finance will include automobile allowance with _ the first payroll of a month -~ for that month. D. Monthly mileage reimbursement requests approved by the appropriate, ,Depa~nent Director, should be turned in to Finance the first week of a month. Checks will be provided on the second Friday afternoon of the month for the previous month. 216 " E. Develop and implement standar. d operating procedures goverrmng the use and operation of the Citys protxzrty and equipment in conjtmdtlon with other policies which may be applicable City-wide. _ F. Shall investigate damage, loss and/or misuse of City vehicles and equipment for' negligence on the part of respo~ible employee 7.02 Sutym&sor ................ A. Informs employees of the policy requirements and - verities compliance with those requirements. 7.03 Employees ................. A. R e v i e w a n d b e ---' knowledgeable of the City of Coppell's standard operating procedures as well as deparUnental policies and ,. procedures, if applicable, / which outline the prop& use of City property and equipment, and to comply wi~ those procedures while performing functions assigned while on duty. B. Shall ensure that a certificate of insurance is located in the vehicle at all times. C. Shall report all damage, loss or misuse of City vehicles and equipment immediately to their immediate supervisor and/or Department Director. 217 CflY OF COPPETL STANDARD OPERATING PROCEDURES {{ sop ! 1189 Gonerolled Substauce/Alcohol Abuse/Drug TesHng AUTHORITY: REPLACES: Federal Druff Free Wor~lace Act of 1988; Texas Health and Safety Code, Title 6, Personnel Policy effective June 9, 1992 Chapters 481-485; Texas Workers' Compensation Commission; Texas Criminal Code; Texas Code of Criminal Procedure PAGE: 1 of ,.~ REVISED DATE: EFFECTIVE DATE: REVIEW DATE: Dccembm-31, 1~7 l~'ch 1, 1~<)8 Annual PREPARED BY: Personnel Policy Task ForceAPPROVED BY CITY MAN~V~ 1.0 POLICY 1.01 It is the policy of the City of Coppell to maintain a safe and drag-free working environment for all of its employees. The City will not hire any applicant for employment found to be en~ging in the use or consumption of drags or the abuse of alcohol, unless such chug is prescribed for the user by a physician, and then only if such chug is being used/consumed for the purpose intended. 1.02 Entering the City's property or reporting to work in an unfit condition bee. apse of / the use or consumption of drags or alcohol is strictly prohibited. 1.03 The use, cousnmption, manufacture, possession, purcliase, distribution or sale of alcohol or any drag which may negatively affect an Lm~.ployee's mood, senses, responses, motor functions, or alter or affect a person's perception, performance, personality, judgement, reactions, or senses, or drug related paraphernalia while on City business, on the City's property, or traveling on City's business, except as noted elsewhere in this Policy, is strictly prohibited and will subject the employee to discharge. ' 1.04 Exceptions to the use or consumption of drags while on City business or on City property may be granted if(l) the drug is prescribed for the user by a licensed physician and (2) the substance is being used in the manner for which it was intended. Them shall be no exception to the prohibition of being on City property, or acting on City business in an unfit condition. 222 1.05 As a condition of employment with the City of Coppell, every employee must abide by the terms of this Policy. Any employee acting contrary to this prohibition will be subject to disciplinary action up to and including discharge. 1.06 An employee who is convicted under a criminal drug statute for a violation occurring in the workplace must notify his/her mediate supervisor of the conviction within five (5) calendar days after such conviction. 1.07 At no time will an applicant for employment or an employee of the City of Coppell be subjected to a drug test without the written consent of the applicant or employee. However, refusal by'an applicant for employment or an employee to cooperate with the City of Coppell, physician, or medical facility in taking the. drag test, or to give his or her ~written consent to the drag test or tries to substitute, contaminate, tamper or attempts to substimte,'contaminate or tamper with their specimen to be presented for testing wilt result in the same consequences as a failure of the chug test. The results of the drag test will be considered a confidential record. 1.08 All drug tests required by the City of Coppell will be conducted on City, time for employees and at City expense. 1.09 The use of dm~ and/or medicalions prescribed by a licensed physician for an individual employee is permitted, provided that the use of such substance will not affect the employee's work performance. However, the City of Coppell reserves the fight at any time to have a licensed physician determine if the use of the subject prescription drag or medication by an employee may produce effects which. could affect the employees work performance or could increase the risk of injury, to the employee or to others. If such finding is made, the City of Coppell reserves the right to limit or suspend the work activity of the employee until the prescribed drug or medicalion is no longer being takein by the employee, or until such time as the physician consulted by the City advis,es the City of Coppell that the use of the prescribed drag will no longer affect the employee's job performance or cause any increased risk or injury to the employee or others. 1.I0 The City of Coppell reserves the fight to amend this policy at any time. Such amendrnents to this policy shall be made in writing, and copies of such amendments shall be distributed to all employees. 1. I 1Sco.Ee A. This policy applies to all applicants for employment in all City departments. All current employees are covered under this policy, including: 223 1) Employees in a safety semitive position, which includes, but is not limited to duties involving the operation and/or maintenance of vehicles or equipment which could cause injury or harm to the employee or others. 2) Employees in a security sensitive position,..which includes but is not limited to, duties involving the handling of money, rnaterial, supply or assets readily convertible to cash; 3) Employees who exhibit behavior to support reasonable suspicion of controlled substa:nce or alcohol use or who are found to possess, distribute or sell a controlled substance or alcohol at any place. where work or service of the City is done; 4) Fire and Police Deparmaent employees with'an exclusive exemption for those who are required to be in possession of alcohol and/or dru~ in the course and scope of their employment. Specific guidelines will be established by Police and Fire internal operating . procedures. 5) Executive, administrative and professional employees. 1.12 Policy Guidelines For Drag/Alcohol Testing A. Pre-employment Testing of Applicants: 1) Testing Required All applicants selected for employment shall be required to submit to and pass a drug test, as a prereqkfisite to employment. Prior to reporting to the testing laboratory, all applicants shall be required to sign a written consent form authorizing a drag test (i.e. breath, urb'a.e, blood) for the presence of controlled substances and alcohol. A job applicant refusing to sign a requested consent form will not be considered for employment. 2) Failing Drug Test Applicants for employment who do not submit to and pass the required drag test will not be hired. Further, such applicants for employment will not be reconisidered for employment for a period of six months following a failed or refused drug/alcohol test. 3) Confidential ity of Results All pre-employment drug test results shall be collected and maintained on separate forms and in separate files and be treated as a confidential medical record and shall be 224 accessible only by the desi~m-kated Human Resources Department Representative. The results shall be the pfivaze and confidential property of the City of CoppeIl and will not be shared with anyone except the applicant, or with Directors, Managers, and Supervisors who have a need to know about necessary restrictions and accommodations on the work or duties of the employee, or with First Aid and Safety. Personnel when appropriate, or as required by a court order, or to legally protect the interests of the City.. B. Current Employees: 1) Employee Assistance Program (EAP) It is the City's desire to provide assistance to those employees who voluntarily request assistance with a perional alcohol or drag dependency problem(s). Coverage for the EAP will be first considered under benefits available in the City insurance program. Employees are responsible for acknowledL, ing their substance abuse problem and for seeking and accepting counseling or rehabilitation assistance before it impairs their performance of conduct and jeopardizes their employment. If an employee has a substance abuse problem, the employee is encouraged to fast contact or be referred to the Human Resources Department representative by the employee's -_-,~ supervisor for counselling and possible referral to the City's substance abuse professional for appropriate treahment. Employees who need to enter into a substance abuse treaunent pro_re'am will be allowed to enter a City-approved progam one time without .. endangering their jobs provided they follow all prescribed treatment /~- progang. This option is not available, however, in l~u of discipIinary action for employees who are detected abusing controlled substances or alcohol while 9n City business or on City property who report to work in an unfit condition because of such abuse or ~ho are involved in activ{ties regarding selling or distribution of drugs, alcohol or related contraband or other serious misconduct. When possible and appropriate, employees will be referred by the Citys substan& abuse professic;nal to less expensive out-patient treatment programs. During time off for participation an employee may use accrued leave, compensatory. ., accrued time, or take time off without pay authorized in accordance with the Cit)'s personnel policy on leaves of absence. In most cases, participating employees will be returned to their former or comparable position when treatment is successfully completed. The cost of rehabilitation will be the responsibility of the employee except that some of the costs of the t~eatrnent may be covered by the City's health insurance plan. Continued employment is ; 225 contingent on the employee's participation in any non-work time follow-up counselling or aftercare treatment programs. Employees who are involved in rehabilitation and are able to report for work may do so under the following conditions: a) An employee may resume regular duties only after the employee tests negative for a drag test administered by the Medical Review Officer or a City approved laboratory and can provide a v, ritten release to return to work fi'om an appropriate substance abuse treatment facility or confirmation of continued and on-going participation in a recognized substance abuse assistance program. b) Nor to being allowed to return to work, the employee is to meet with a Human Resources Depzahnent Representative to receive an explanation of the terms of continued emplo,,,Tnent. 6) An employee may, at the Citfs request, be required at any time to submit to interviews and physical examinations by the Medical Review Officer and/or evaluation by the : professional staff at an appropriate chemical dependency ' ' treatment facility. d) An employee ~vill be required to submit to an unannounced drug and alcohol testing up to sixty (60) months after resuming duties. ~, 2) Nor Employees Current emploX.ees may be tested without prior notice for drug or alcohol use under the following circumstances as a condition of contintlixt employment, with the prior approval of the employee's director and the City Manager or their respective designees: (a) When the ernployee's behavior or work performance gives reasonable cause or suspicion to believe the employee is affected by the use or ingestion of drags or alcohol and the reasonable came or suspicion has been continned by a supervisor;, and (b) To comply with local, state or federal govemment laws, and regulations including the Department of Transportation regulations. 3) gmp. D.xlg. Reasonable Came'Suspicion Drag Testing 226 All employees suspected of controlled substance use or alcohol abuse will be required to provide a urine sample or a breath sample for testing. a) All vffitten record of specific, observable facts verified by at least one supervisor, will be required and verified before a drug or alcohol test can be ordered based on reasonable suspicion. b) Only supervisors who have received supervisory drug awareness maining may refer for testing an employee has been observed in conduct or behavior which would create reasonable suspicion of controlled substance use or alcohol abuse'. The supervisor will document the exact reasons why he or she suspects that ff certain employee has violated the controlled substances and alcohol abuse policy, including the symptoms exhibited by the employee, the actions of the employee, statements fi'om other employees or third parties, and other evidence ,Mqich tends to establish a reasonable suspicion of controlled substances or alcohol abuse. ~ c) When it has been determined that reasonable suspicion "" exists and the employee should be tested that decision must be approved by either the Director of Human Resources, or his/her desigee. In the event that this individual is inaccessible wig a reasonable period of time, the Department head is authorized to require the employee to / submit urine and/or blood samples to the testing facility. d) The supervisor or a designatkl person will drive the employee to the testing facility (I.e. either the office of the Medical Review Officer or when the MRO's office is closed, a City approved laboratory. Under no circumstances will the employee be allowed to drive. e) The supervisor or a designated person shall stay with the employee being tested and shall drive him or her back to work If the Medical Review Officer, at'cer observation and examination of the employee, determines the supervisors suspicion is well founded, the supervisor or a designated person shall arrange for the employee to be driven home. f) An employee tested for controlled substances or alcohol 227 under the reasonable suspicion standard will be placed on leave of absence with pay until the results of the test are received. g) All responsible supervisors will prepare statements to be filed with the Director of Human Resources describing the circumstances and conditions used as a basis for the required testing. 1.13 Policy Guidelines for DOT Testing A. Employees Subject of DOT Testing All employees and/or potdial employees of thd City of Coppell who operates a commercial (CMV) motor vehicle hnd is subject to a commercial drivers license (CDL) under the guidelines promulgated by the Deparunent of Transportation CDOT) will be subject to chug and alcohol testing. The provisions outlined herein are applicable in addition to, not in lieu _of, the provisions applicable to all other employees and potential employees of the City of CopFell. All drug and alcohol testing procedures and other related pro.m'ams required by the DOT will conform to the DOT rules and regulations and the Human Resources Director or designee will be responsible for answering questions related to the DOT rules and regulations. The Human Resources Department will maintain and provide training and additional informational materials on areas they may not be fully explained herein such as: 1) The categories of drivers who are subject to the DOT provisions. 2) Information concerning driver conduct that is prohibited. 3) The circumstances under which a driver will be tested for alcohol and/or drags. 4) The procedures th~ will be used to test for the presence of alcohol and drags, protect the driver and the integrity of the testing processes, safeguard the validity of the test results and ensure that those results are attributed to the correct driver. 5) Information conceming the effects of alcohol and drag use on an individual's health, work, and personal life, signs and symptoms of an alcohol or drag problem (the drivels or a co-worker's) and available methods of intervening when an alcohol or drug problem 228 is suspected, including confrontion or referral to my employee assistance pr%m-am and/or referral to management. 6) Name and address of each laboratory and/or Medical Review Officer involved in the collection and administration of drug/alcohol testing under this policy. B. Drug Testing of DOT Employees The City of Coppell will en~ge a laboratory certified by the Department of Health and Human-Services ('DHHS) in accordance with DOT procedures. The testing laboratory will be required to permit: 1) Inspection by the Cit~ of Coppell if it is selected to perform testing. 2) Unannounced inspections including examination of records at any time by the City, NIDA or any agency involved in the DOT compliance efforts. The City of Coppell will not hire or contract for the use of any person as an employee whose functions are subject to DOT procedures unless that person passes a drag test. C. Controlled substances for which a test may be conducted are: 1) Marijuana 2) Cocaine 3) Opiates ~ / ' 4) Phencyclidine (PCP) 5) Amphetamines/Methamphetamines D. Testing Sample Collection Procedure * All urine drug collection and storage methods and procedures are in accordance with guidelines established by the Department of Transportation 02)OI) and the Department of Health and Human Services (DHHS) guidelines. The cut-off levels established by the National Institute of Drag Abuse and specific collection procedures are available in the Department of Human Resources. E. Medical Review of Test Results The City will ensure that each confirmed positive test result is reviewed by a Medical Review Off or (MRO). The purpose of the review will be 229 to rule out the possibility of any alternated medical explanation for the confirmed positive test result. 1) The duties of the MRO will include but not be limited to: a) Review the results of all drug testing prior to being reported to the City. b) Review and interpret each confim:ed positive test as follov~s to detemdne if there is an alternative medical explanation for the confirmed positive test result. c) Conduct a medical interview with the employee/applicant being tested. ~ .. d) Review the employee/applicant medical history, biomedical factors and/or medical records made available (if applicable) by the employee/applicant to detet~xdne if a confirmed positive test resulted from legally prescribed medication. e) Upon request of the employee, require the split sample to be analyzed to determine accuracy of the reported test result. f) Verify, that the laboratory report and assessment are correct. 2) Determine whether and when an employee involved in a rehabilitation program may be returned to duty.1~ 3) Detemine a schedule of unannounced testing for an employee returned to duty after rehabilitation. '- 4) The following roles will govern MRO det=tu~nation: a) If the MRO determines after appropriate review that there is a legitimate medical explanation for the confirmed positive test result, the MRO will take no further action. b) If the MRO detemines after appropriate review that there is no legitimate explanation for the confirmed positive test result, the MRO will so inform the designated City official. c) Based on a review of the laboratory inspection reports, 230 chain of custcxly, quality assurance and quality control data the MRO may conclude that a particular drug test result is scientifically insufficient for further action. Under these circumstances the MRO will conclude that the test is negative. d) For opiate positives, the City will alsc~ require the MRO to determine if there is clinical evidence in addition to the drag test of unauthorized use of any opium, opiate or opium derivative. The clinical evidence may include a medical history and-a physical enmination. F. Types of Te~t~ng For Drug~ All employees of the City regulated by DOT will be required to undergo urine testing for drug under the following conditions: 1) Pre-emplo,vment The City will not hire or contract for the use of any person as an employee whose functions are subject to DOT as an employee whose functions are subject to DOT regulations unless he or she passes a drug test. 2) Post Accident As soon as practical following an accident each DOT person performing a safety sensitive function with respect to operqing a / commercial motor vehicle which results in: a) a fatality. b) bodily injury to a person who as a result of the injury immediately receives medical treatment away from the scene of the accident or ~. c) one or more vehicles incurring disabling as a result of the accident requiring the motor vehicles to be ~rted away ~om the scene by a tow truck d) driver receives a citation under ~ate or local law for a moving traffic violation arising from the accident. will be tested for drags and within a maximum of 32 hours of the 231 accident that meets the above stated criteria- 3) Reasonable Cause The City rmay require an employee to submit to reasonable came testing based on specific, articulable, observations concerning areas such as their speech, appearance, behavior, body odor, job performance or lack thereof. This a/so may include indications of the chronic and withdrawal (effects of centrolled substance abuse. See section 1. 12(BX3) for further discussion of this area. 4) R,'mdom Drug Testing of DOT Employees All Department of Transportation ('DOT)'covered employees who perform safety sensitive functions will as ,'r condition of continued employment be selected for testing on an unannounced, random basis using a scientifically valid random number generation method and tested utilizing the following procedures: 'a) The Director of Hurrk'm Resources or his designee shall be the only individual to produce a list of names for random drag testing. Tr~s shall be done by means of a scientifically valid random number generation method at time periods determined by the Director of Human Resources or his designee. Employees will be selected by lottery, to ensure that each employee has an equal chance of being selected. / b) The names produced ~om each random selection shall be forwarded to the employee's Department Director marked "Personal and Confidential". The employee's name will be re-entered into the random d~ra'file following selection. c) Upon receiving the names of employees in his or her department who are to be'tested for conPolled substances and alcohol, the Department Director shall ensure that employees report to lab as soon as possible, but not later than 8 hours ~er the employee is notified to appear, unless extenuating circumstances exit. If such circumstances exist beyond the employee's control, where it is not possible for him or her to appear for testing within the time allowed, the Department Director shall immediately advise the Director of Human Resources or his designee of the circumstances and the employee's inability to appear. 232 d) If the name of an employee who is not on duty, or who is unable to report for testing is forwarded to the Department Director, the Director shall retain the name in a confidential manner and ensure the employee is notified immediately upon Iris or her return to duty and that the employee rel~rts to the lab as soon as possible, but not !ate than eight hours after return to duty. 5) Pemm to Duty Testing of Employees An employee who .tests positive for controlled substances rill be subject to disciplinary action of termination with no opportunity to. return to work and referred to substance abuse professional (SAP) at their own expense for rehabilitation, .. 6) Followup Testing of Employees See Section 1.12(BX1) for requirements related to employee followup testing. G. DOT Alcohol Testing All employees of the City regulated by DOT will be required to undergo breath testing under procedures prescribe by the Department of Transportation and under the following conditions: 1) Post Accident Testing As soon as practical following an accident each person wh6 was performing a safety sensitive function with respect to the vehicle and under criteria discussed in Section ~: 13 F(2) of this policy will be tested for alcohol. If the alcohol test is not administered within 2 hours of the accident, the City will document the situation preventing testing to occur within specified time flame. If the test cannot be completed within 8 hours, the City will c, ease attempts to administer the test and will prepare and maintain the same documentation. 2) Reasonable Cause Testing The City may require an employee to submit to reasonable ~,,ge testing based upon specific, articulable observations concerning areas such as their speech, appearance, behavior, body odor, job 233. a performance or lack thereof2 This also may include indications of the chronic and withdrawal effects of alcohol abuse. See Section 1. 12(BX3) for further discussion of this area. 3) Random .~dcohol Testing of DOT Employees The City will maintain a random selection' i~rocess (see Section 1.13 (FX4) for further discussion) and will select employees on a random basis. The tests will be tmannotmced and spread reasonably throughout the year. An employee selected for testing will proceed to the collection site immediately. If the employee is performing a safety sensitive function, at the time they are notified,. they may complete the function before proceeding to the collection site. The City will only random test DOT regulated employees for alcohol while the employee is performing a safety-sensitive function, just before the employee is to perform safety sensitive functions or just a~er the employee has ceased performing such -functions. Regulated employees who are found to have an alcohol concentration of 0.02 or geater will be removed fi*om the safety sensitive position for a minimum of 24 hours without pay. Employees ~ho have an alcohol test result of 0.04 alcohol concentration w~ll be subject to disciplinary action, up to and including immediate termination. /' 4) Followup Te~ting 9~ DOT Employees for Alcohol x See Section 1.12CBX1) for requirements related to employee followup testing. 1.14 Consequences of Failing Test A current employee who falls a drag or alcohol or tampers with the specimen sample or collection thereof will be subject to disciplinary action, up to and including termination. An employee who refuses to undergo a drag or alcohol test in accordance with this Policy, will be l~eated as if the employee failed the required test. 1.15 Searches When reasonable cause exists, the City of Coppoll reserves the right to conduct unannounced searches for unauthorized drags anywhere on City property, including, but not limited to, lockers, desks, file cabinets and employe~' personal vehicles parked on the City's parking loB. Personal properly on the Cit-/s premises shall be subject to such searches. All such searches must be authorized and conducted under the direction of the City Manager or his designee. Employees will be given a receipt for any personal property confiscated during the search. 233 .b Employees who refuse to cooperate during such unannounced searches shall be subject to disciplinary action up to and including discharge. Bozty searches of employees shall not be conducted by City pemonnel. 1.16 Off-Duty Conduct The City of Coppell reserves the right to take disciplinary action up to and including termination, in the event an employee's off-duty involvement with drags or alcohol is damaging to the Citys reputation or business and/or is inconsistent with the employee's job duties or when such off-duty involvement affects the employee's job performance. 1.17 Confidentiali.ty of Results All employee drag test results shall be collected and maintained on separate forms and in separate files and be treated as a confidential medical record and shall be accessible only by the designated Human Resources Department Representative. The results shall be the private and confidential property of the City of Coppell and will not be shared With anyone except the applicant, or with Directors, Managers, and Supervisors who have a need to know about necessary restrictions and accommodations on the work or duties of the employee, or with First Aid and Safety Personnel when appropriate, or as required by a court order, or to legally protect the interests of the City of Coppell. 1.18 References. In the event a third party requests reference information regarding the prospective, past or present employment of a City of Coppell applicant or employee, the City will provide a limited and neutral reference. Such a reference will include only the applicantJemployee's name, title and period of employment. Only under circumstances required b.v_ law will an applicant's ~d/or employee's drug or alcohol test results be communicated in response to such reference inquiries. 2.0., -KEY WORDS 2.01 Alcohol 2.02 Controlled Substance 2.03 Drug 2.04 Testing 3.0 DEPAR'IMENTS AFFECTED 3.01 This Policy applies to all employees of the City of Coppell (the "City"). This Policy also applies to all applicants for employment with the City of Coppell. All employees will receive a copy of this Policy. 4.0 REFERENCES 4.01 Federal Drug Free Workplace Act of 1988 4.02 Title 6, Chapters 481485 of the Texas Health and Safety Code 4.03 Texas Workers' Compensation Commission 233.c 4.04 Texas Criminal Code 4.05 Tex2.s Code of Criminal Procedures 5.0 DEFFNITIONS 5.01 "~N UNFIT CONDITION/IMP,MRED" - The employ,ee's behavior and/or ability to work are affected by a drug or alcohol, or the combination of them, in any detectable manner. 5.02 "DRUG" - Any drug or conUTolled substance, the manfracture, distribution, possession, sale, or consumption_ of which is illegal; or a prescribed or over-the- counter drug which is legally obtained but not being used for its intended purpose; or a prescribed or over-the-counter substance which is legally obtained and used ' for its intended purpose but the use-of which causes the eav. ployee to be impaired or in an unfit condition. This definition includes, but not limited to, all controlled substances, drug, chemical precursors, simulated controlled substances, volatile chemicals, abusable glues, aerosol paints, marijuana, and alcohol as those terms are now or shall herealter be defined in Title 6, Chapters 481485 of the Texas Health and Safety Code, or any successor Code thereto. Alcohol is defined as ethyl alcohol.- Alcohol, as used herein, includes any beverage, mixture or preparation contaising ethyl alcohol. 5.03 "BODH',Y HARM" - The employee is injured and seeks medical attention other than iramediate first aid. 5.04 "DRUG RELATED PARAPHERNAI,IA" - Any material or equipment designed for use in testing, packaging storing injecting ingesting, inhaling or otherMse introducing into the body drug or alcohol. 5.05 "DOT COVERED EMPLOYEE" - means an employee under Department of Transportation (DOT) regulations who holds a valid commercial driver's license and operates a commercial motor vehicle in inter-state {!across state lines) or intra- state (within state lines) commerce. This also includes applicants for employment as a commercial driver. 5.06 "SAFETY-SENSE FUNCTION" - means all functions an employee may perform where an employee's use of drugs or alcohol could render the employee unfit to perform assigned duties and could create a safety haTard tO the employee, other employees or citizens, or damage to property. 5.07 "PERFORMING A SAFETY SENSITIVE FUNCTION" - means a DOT covered employee is considered to be performing a safety-sensitive function during an period in which heYshe is actually performing ready to perform, or immediately available to perform any safety-sensitive function. 5.08 "ALCOHOUDRUG ABUSE" - is exemplified by, but not limited to, the 233.d following:, a) ingestion inhalation, or injection of a controlled substance during working hours, in Department vehicles, or on Department property. b) ingestion of alcohol in a Department vehicle or on Department property. c) ingestion, inhalation or injection of a con~olled substance or alcohol during non-working hours which causes an employee to be unable to work in a safety sensitive manner during working hours. d) use of a prescription or ok'er the counter medication in a manner in v, kich it ~as not intended. 5.09 "CTI'Y PROPERTY" - means all City buildings and adj"..af. ent land, parking lots, all other City owned land and City vehicles. 5.10 "DEPARTMENT DIRECTOR" - shall also include any person designated by the Department Director to take any action necessary under this policy in the absence of the Director. 5.11 "MEDICAL REVIEW OFFICER" - is the Citfs designated physician. 5.12 "TESTING" - includes testing urinalysis, hair testing, breathalizer, intoxi lizer, or any other recognized testing method. 6.0 RESPONSIBiLITY/AUTHORITY ~-6.01 The City. The City of Coppell acknowledges that its success now, as well as in / the future, is dependent upon the physical and psychological well-being of its employees. Accordingly, it is the City's right, obligation and intent to maintain a safe working environment for all of its employees, to.protect the Cit3/s property, equipment and operations, and to fulfill its obligations to the general public. Use or consumption of chugs or alcohol on the jp.b or being under the influence of ctmgs or alcohol on the job may create serious risks for the involved employee, fellow employees, the City, and the general public. This policy is designed to assist in the elimination of drug and alcohol abuse and its effect in the workplace. 6.02 Human Resources Department. The Human Resources Department or other authorized personnel will coordinate the implementation of this Policy. 6.03 Directors. Managers, and Supervisors. It is the responsibility of ali Directors, Managers, and Supervisors to act in accordance with and to enforce this Policy. 6.04 Employees. It is the responsibility of all City employees to conduct themselves 233.f in a manner consistent with the letter and spirit of this Policy including but not limited to the following: a) Employees taking prescription or non-prescription drugs must report this use to the Depa unent Director, or his designee when absent, when the use of such drags is likely to effect the workers ability to perform assigned duties. It is the employee's responsibility to ascei'tain from his or her physician whether the prescription cling can or is likely to have an adverse ' impact on the employee's performance of his or her duties. This provision is intended to protect the safety of each employee, and his or her co- workers, property, and the public. Employees failing to follow this instruction may be subject to disciplinary action up to, and including termination. Any information received from an employee under this provision will be kept confidential except to the.exlent it may be shared with individuals who are in a "need to know. l~osition, such as the immediate supervisor, or as required by state or federal law. b) Employees scheduled to be on call are expected to be fit for duty upon reporting to work. Any employee scheduled to be on call who is called out is subject to the provisions of this policy. c) An employee not scheduled to be on call who is called out, and is under the influence of legally prescribed drugs or alcohol or who is impaired by alcohol must so advise his or her supervisor and will not be required to report to work. An employee, who is called out and who reports to work, but fails to notify his or her supervisor that he or she is under the influence or impaired, may be subject to disciplinary action up to and including termination. 7.0/ PROCEDURES (see Exhibit 8.05) 8.0 EXHIBITS 8.01 Acknowledgement of Receipt by Employee 8.02 Consent Form for Drag Testing and Search 8.03 Ire-employment Certification and Consent Form ,, 8.04 Informed Consent And Release of Liability/Medical Authorization Form 8.05 Drug Testing Procedures 233.g Exhibit 8.01 ACKNOWLEDGEMENT OF RECEIPT BY EMPLOYEE I acknowledge that on this date I received a cgpy of the foregoing Drugs and Alcohol Abuse Policy of the City of Coppell. I have _rea_.d the policy, or ifI am unable to read the policy, it has been read to me. I understand the policy in all respects and agree to abide by the policy as a condition of my initial employment and continued ~ployment ~ereaf~. I acknowledge that the City of Coppell retains the right to amend the policy at any time and th~ fight to implement other practices and procedures deemed necessary or appropriate by the City. Employee Date 233.h Exhibit 8.02 CONSENT FORM FOR DRUG TESTING AND SEARCH I, , a current employee of the City of Coppell, understand . that the City of Coppell has a substance-free work place policy which may require drug testing of current employees. I hereby give consent to the City of Coppell requiring upon reasonable cause or suspicion under the terms and conditions of the City's Conlrolled Substance and Alcohol Abuse Policy, that I submit to a physical examination, including but not limited to the collection of blood, urine, hair, or breath sample to be submitted for an alcohol and/or drag test. Further, I hereby consent to the release of the test results to those City officials who make employment decisions for the City of Coppell. I understand that any positive results fi-om such test may result in disciplinary action, up to and including t~ntination. Further, I hereby voluntarily give my consent for the City of Coppell, upon reasonable came or suspicion under the terms and conditions of the City's Controlled Substance and Alcohol Abuse Policy, to search my person, pe~onal effects, vehicle, and other property located on City premises or worksites, including but not limited, to City and private vehicles located on City premises or worksites, City or personal lockers, desks, file cabinets, lunch boxes, or other containers brought on City of Coppell premises or worksites. Signature 233.1 Exhibit 8-03 PRE-EMPLOYMENT CERTIFICATION AND CONSENT FORM (to be auached to employment application) I certify that all of the foregoing statements are tree and correct to the best of my knowledge. I understand that any misrepresentation or omission of facts shall be cause for my immediate discharge. I understand that ifI are offered ap6sition with the City of Coppell, my employment. is contingent upon my passing a drag test to determine the presence of alcohol or other &rugs in my system, I understand that I will not be employed if the drag test indicates a positive result or any tampering with the specimen sample or collection thereoE I hereby consent to a blo<xt test, breathalizer, urinalysis, or hair sample tests, to be administered by a physician or medical facility selected by the City of Coppell, to be done at the City's expense. I further consent to the disclosure of the results of the drag test to the City of Coppoll. I hereby release the City of Coppell from any and all liability of any kind resulting from the testing procedure or the transfer of information obtained therefrom, My signature hereon shall indicate my acknowledgement that I have read the foregoing or that it has been _re?d to me, and that I understand it fully. APPLICANT: 233 ,j Exhibit 8.04 INYORNIEI'~ CONSENT AND REI ,EASE OF I ,IABILH'Y/ MEDICAL AUTHORIZATION FORM (to be given to the clinic for applicants or employees to sign at the th-ne a test is given) I hereby consent to undergo a blood test, breathalizer, ufinalysis, or hair sample test or procedure for the purpose ofdetennining my ~mess for employment by the City of Coppell and for the purpose of detemdning the presence in my system of alcohol. or any other chugs prohibited by the City of Coppell's Drug and Alcohol Abuse Policy. I consent to the disclosure of the results of the drug test to the City of Coppell. I hereby release the City of Coppell ~'om any and all liability of any kind resulting fi'om the testing procedure or the n'ansfer of information obtained therefrom. My signature hercon indicates my acknowledgement that I have read the foregoing, or that it has been read to me, and that I understand it fully. EMPLOYEE/APPLICANT Date: 233 .k Exhibit 8.05 DRUG TESTING PROCF, DURKS Step. 1 The appropriate Human Resources Department repr~entative will advise all applicants of the City's pre-employment drag testing procedures during the interview process. All current employees will be advised of the testing procedures at the time this Policy is distributed. Step. 2 A clinic will be selected to conduct the pro-employment examination and collect any necessary specimens for drag testing. ]'he Human Resources Department Representative will make the clinic seJection. The Human Resources Department Representative will also contract with a testing laboratory which is certified by the National Institute on Drug Abuse ("NIDA") or equivalent to conduct the actual tests, and will select a physician to serve as the Medical Review Officer CMRO"). Step. 3 The applicant or employee will travel or be taken to the clinic, will present identification containing a photograph, and will complete and sign the INFORMED CONSENT AND REI.EASE LIABILITY MEDICAL AUTHORITATION FORM. Step 4 . The clinic vdll perform the collection of an applicant's or employee's specimen for drag analysis. The following procedures will be observed in the administration of the screening test: THE PATIENT (APPLICANT OR EMPLOYEE) WII J .: a. Provide the sample in a private restroom facility within the clinic, and immediately deliver the receptacle to the clinic representative. b. Initial the specimen collection receptacle after it has been sealed. c. Along with clinic representative, initiate "chain of custody" by signing and dating the Chain of Custody Form. The specimen will be placed with original copy of Test Requisition Form in g proof chain of custody pouch for forwarding to the NIDA approved laboratory or equivalent for analysis. THE CLINIC WII .1' ,: 233.L a. Check the specimen for appropriate volume, temperature, and specific gravity (color) immediately upon its collection. b. Seal and initial the specimen collection receptacle. c. Along with the patient (applicant or employee), initiate "chain of custody" by si~mqing and dating the Chain of Custody Form. The specimen will be placed with the original copy of the Test Requisition Form in a tamper-proof chain of custody pouch for forwarding to the NDA appmved laboratory or equivalent for analysis. d. Release the patlent's specimen to the courier to deliver directly to the authorized testing laboratory. , THE SPECIZMEN TESTING LABORATORY WII.I.: a. Complete drug testing of specimen. If a urinalysis test is made, the initial test will be the Enzyme Multiplied Irnmunoassay Technique (EMIT). Should this test be positive, the laboratory. will use the Gas ChromatographyLMass Spectzometry (GC/MS) for confu-mation. If a hair test is made, it will be by the radio-immunoassay method of testing the sample. Ifa blood test is made, it will be by the Gas Chrornatography/Mass SpectrometO· test. ~, Subsuances which will be tested for wilMnclude: Amphetamines, Barbiturates, Benzodiazephines, Cannabinoids, Cocaine and Metabolites, Methadone, Opiates, Phencyclidine, Propexyphene, Alcohol (when requested). b. Send the appropriate forms indicating test results to the designated Medical Review Officer. c. If the test is positive, retain the specimen for a period of one (1) year for re-testing if requested. THE MEDICi REVIZEW OFFICER WII .1 .: a. If the test is negative, sign the appropriate form and forward it to the Human Resources Department Representative. 233.m b. If the test is positive, contact the applicant or employee to allow them the oppommity to provide any valid re~ons (such as prescription or over-the-counter drugs taken or foMs eaten) that a positive result may' been achieved. The Medical Review Officer will also inform the applicant or employee that he or she may request the lab to retest the sample if the positive result is ultimately upheld. ' ' c. Attempt to verify any reasons provided by the applicant or employee which would explain the positive result. d. If there is legitimate explanation for the positive result, the Medical Review Officer shall mark the test negative, sign the appropriate ' form, and forwardf it to the Human ,Resources Department Representative. e. If there is no legitimate explanation for the positive result, the Medical Review Officer shall verify the positive result, sign the appropriate form, and forward it to the Human Resources Department Representative. THE HUMAN RESOURCES DEPARTMENT REPRESENTATIVE Wrl .r: a. Obtain the applicant's or employee's test results ~'om the Medical Review Officer. b. If the test is negative, inform the applicant or employee of the results. c. If the test is positive, make a detemination as to the appropriate action to be taken (with the assismce of the employee's Department Director, ff appropriate) inform the applicant or employee of the results and of their right to request a retest, and inform the applicant or employee~of the action to be taken as a result. Step 5 APPLICANT NOTIFICATION OF REJECTION Employment will be denied when test results are positive. The applicant will be informed by the appropriate Humm~ Resources Department Representative that his or her pre-employment screening indicates that he or she does not meet City employment tequirements. If applicant requests further explanation, heYshe will be advised that the urine specimen tested positive. The applicant will be eligible to resubmit an employment application af[er six (6) months fi'om the date oftejection. 233.n EMPLOYEE EVrERVIF, W SHEET Employee Name Witness Supervisor Name Daterrime Completed SUGGESTED QUESTIONS TO ASK OF POTEbrlIAf .LY UNFIT EMPLOYEES I. Are you feeling ill? If yes, what are your symptoms? 2. Are you under a doctor's care? If yes, what are you being treated for? What is your doctor's name and address? When did you last visit your doctor? 3. Are you taking any medicalion? What medication? Who prescribed it? When did you take your last dosage? Do you have your prescription in your possession? (Record all information regarding prescription; take sample, ifpem~tted by employee.) 4. Do you have any pre-existing medical problems? Diabetes? , Are you taking insulin? Do you have low blood sugar? Epileptic?. ~ 5. Do you have a cold? If yes, are you taking any cold pitls/medication?... Cough medicine? Antihistamines?. 6. Are you using any type of drag? If yes, what? When? Where? ~ With whom? How much? 7. Did you drink alcohol or an alcoholic beverage today? , What did you drink? How much? When did you start? When did you stop? Where did you drink? With whom did you drink?. 233.0 OBSERVATION CHECKHST Directions: Circle pertinent items. 1. WALKING: stumbling, staggering falling unable to, swaying, unst..e~ly~, holding 2. STANDING: swaying rigid, unable to, feet wide apart, smg~fing sagging at knees. 3. SPEECH: shouting silent, whispeTing, slow, rambling mute, slurred, slobbering incoherent. 4. DF. MEANOR: coopera~ve, polite, calm, sleepy, crying silent, talhfive, excited, sarcastic, fighting. , 5. ACTIONS: resisting communications, fighting, threatening, calm, drowsy, profanity, hyperactive, hostile, eratic. 6. EYES: bloodshot, watery, dilated, glassy, droopy, dosed. 7. FACE: flushed, pale, sweaty. 8. APPEARANCE/CLOTHING: unruly, messy, dirty, neat, partially dressed, having odor, stains on clothing, bodily excrement stains. 9. BREATH: alcoholic odor, faint alcoholic odor, no alcoholic odor. 10. MOVEMENTS: fm'nbling, jerky, slow, normal, nervous, hyperactive. 11. EATiNG/CHEWING: gum, candy, mints, other-identify ffpossible 12. OTI-IF~OBSEKVATiONS: 233.p