Personnel Manual by City of Forney

CITY OF FORNEY PERSONNEL POLICY MANUAL

TABLE OF CONTENTS Introduction Introduction Amendment of Policies Application of Policies Objectives Management Authority Organization Description Organizational Structure

5 6 6 6 7 8 8

Chapter 1: Employment 1.01 Employment Classifications 1.02 Equal Employment Opportunity 1.03 Nepotism 1.04 Job Recruitment and Selection 1.05 Orientation Period 1.06 Probationary Period 1.07 Outside Employment 1.08 At Will Employment 1.09 Americans with Disabilities (ADA) Policy

9 9 10 11 12 12 13 13 14

Chapter 2: Personnel Actions & Records 2.01 Personnel Files 2.02 Employment Reference Verification 2.03 Performance Evaluation 2.04 Classification and Compensation Guidelines 2.05 Job Descriptions 2.06 Separation of Employment 2.07 Retirement

15 15 16 16 18 18 20

Chapter 3: Employee Benefits 3.01 Health Insurance 3.02 Life Insurance 3.03 Dental Insurance 3.04 Workers Compensation/Injury Leave 3.05 Short Term and Long Term Disability 3.06 COBRA 3.07 TMRS Retirement Plan 3.08 Employee Assistance Program 3.09 Certification Pay 3.10 Tuition Reimbursement

23 23 23 23 27 27 27 27 28 28

Chapter 4: Leaves of Absence 4.01 Sick Leave 4.02 Vacation Leave 4.03 Holiday Leave 4.04 Authorized Leave Without Pay 4.05 Absence Without Leave 4.06 Military Leave 4.07 Bereavement Leave 4.08 Civic Duty Leave 4.09 Educational Leave

32 34 36 37 37 38 38 38 38

Chapter 5: Compensation 5.01 Timekeeping 5.02 Pay Periods 5.03 Administrative Work Week or Pay Period 5.04 Public Safety Work Period and Schedules 5.05 Payroll Deductions 5.06 Overtime 5.07 Longevity Pay 5.08 Anniversary Award Days

40 41 41 41 42 42 44 44

Chapter 6: Work Environment 6.01 Employee Safety 6.02 Management of Information Systems 6.03 Break Periods 6.04 Tobacco Use 6.05 Take Home Vehicles 6.06 Notification of Closures/Delays 6.07 Travel Policy 6.08 Visitors in the Workplace 6.09 Workplace Monitoring 6.10 Workplace Violence Prevention 6.11 Weapons Policy 6.12 Security Access 6.13 Social Media Policy 6.14 Media Relations Policy 6.15 Breastfeeding Policy 6.16 Personal Identity Information (PII) Security, Notification, and Confidentiality

45 46 54 54 54 55 56 60 60 61 62 62 63 67 70 70

Chapter 7: Employee Conduct 7.01 Performance Standards 7.02 Types of Disciplinary Action 7.03 Employee Appeal Process 7.04 Grievance 7.05 Drug Free Workplace 7.06 Substance Abuse and Testing 7.07 Harassment and Discrimination 7.08 Minimum Driving Standards 7.09 Attendance and Punctuality 7.10 Dress Code and Personal Appearance 7.11 Political Activity

71 77 79 82 84 85 90 93 95 95 97

Chapter 8: Miscellaneous 8.01 Solicitation Policy 8.02 Conflict of Interest & Acceptance of Gifts 8.03 City Property/Equipment Use 8.04 Activity Related to Personal Interests 8.05 Professional Memberships and Subscriptions 8.06 Health and Medical Exams/Fitness for Duty

99 99 100 101 101 101

Introduction

Updated 10/01/19

The City of Forney's Personnel Policy Manual is designed to acquaint you with the City of Forney and provide information about working conditions, employee benefits, and policies affecting employment. These policies apply to all employees of the City unless otherwise specified. It describes many of your responsibilities as an employee and outlines the programs developed by the City to benefit employees. It is your responsibility to review the manual and comply with the policies as well as all other rules, guidelines, and regulations implemented in accordance with these policies. It is important to understand that no employee manual can anticipate every circumstance or question. Due to changes in state and federal employment laws, portions of these policies may be superseded by such new legislation and it is the intent of the City to monitor and follow any such legislation. The City reserves the right to revise, supplement, or rescind any policy or portion of the Personnel Policy Manual from time to time as it deems appropriate, at its sole and absolute discretion, with the exception of the employment-at-will policy. Employment by the City is at-will and may be ended by the City or the employee at any time for any reason. When there are revisions, supplements, or other changes to the manual, managers, supervisors, and employees will be notified of such changes as these occur. The language used in any statement, policy, or procedure herein, is not intended to create, nor is it to be construed to create, a contract between the City and any one or all City employees. Should you have any questions as to the interpretation or understanding of any policy, procedure, or practice, please visit the Human Resources Department. The Human Resources Department administers the City’s personnel functions and employment policies in accordance with applicable federal and state law. As a matter of policy, all personnel records and policy administration shall be the responsibility of and will be kept and maintained by the Human Resources Department. All references to the City of Forney personnel policy shall refer to the most recent version. The City wishes at the outset to relay some of its rights, which include, but are not limited to, the following: •

hiring, directing, assigning, discharging, disciplining, and recalling employees;

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establishing wages, hours, working conditions;

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allocating, and assigning work;

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determining the quantity and quality of work to be performed; and

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management and control of premises and equipment.

Individual Department Rules and Policies: Each individual department may have departmental policies and procedures that are separate from or are in addition to the policies and procedures listed in this manual. All

departmental policies and procedures must have the approval of the City Manager or designee. Departmental policies and procedures are to be followed; however, no policy or procedure shall be inconsistent with this Personnel Policy Manual. Should such a situation exist, the Cityâ€™s Personnel Policy Manual shall supersede the conflicting department policy. With the exception of matters of appointment and other personnel actions reserved to the City Council by statute, charter, or ordinance, the final authority on personnel decisions is reserved for the City Manager or designee. Although major areas of policy are defined in this manual, there may be situations that are not specifically cited. In these instances, the City Manager retains the right to establish policy.

Amendment of Policies

Updated 10/01/19

Amendments to the Personnel Policy Manual must be approved by the City Manager. The City Manager is responsible for the implementation of the personnel policies. General and final authority for personnel administration rests with the City Manager, with the exception of matters reserved to the City Council by state law. Authority may be delegated to appropriate staff members to act on the City Manager's behalf in the administration of this manual; however, the final authority on personnel decisions shall be reserved to the City Manager. Operational changes to any policy, practice, or process will require approval by the City Manager. No City of Forney supervisor is authorized to modify this manual for any employee or to enter in to any agreement, oral or written.

Application of Policies

Updated 10/01/19

Objectives

Updated 10/01/19

The Cityâ€™s policies and procedures are established to provide employees with fair and equitable guidelines. These policies are designed to bring to the City service a high

degree of understanding, cooperation, efficiency, and unity through systematic and uniform application of modern personnel practices. The policies and procedures apply to all City employees and are designed to do the following: A. Promote and increase productivity, responsiveness to the public, and economy in City service. B. To provide fair and equal opportunity for qualified persons to enter and progress in City service in a manner based on performance as ascertained through fair and practical personnel management methods. C. To promote high morale among City employees by fostering good working relationships by providing uniform personnel policies, opportunities for advancement and consideration of employee needs and desires. D. To assist Department Directors/Supervisors in dealing with daily issues as they may arise. E. Enhance the attractiveness of a career with the City. F. Provide each employee with a safe working environment.

Management Authority

Updated 10/01/19

The City may modify, revoke, suspend, interpret, terminate, or change any or all of its policies and procedures, in whole or in part, at any time. The issuance of these policies and procedures does not constitute a contract between the City and its employees for any duration of employment. There is no specified length of employment, and either the City or the employee can terminate the employment relationship at any time, for any reason. Policy administration rests with the City management and City management reserves sole authority to administer City operations. Miscellaneous: Policies and procedures apply to all employees of the City, both on and off duty where applicable, unless otherwise restricted by proper authority or prohibited by State and/or Federal law. These policies are not applicable to volunteer firefighters nor to reserve police officers. Only the City Manager/City Council has the authority to enter into an employment agreement, promise, or commitment contrary to these policies and procedures, and all such agreements, promises, and/or commitments entered into by the City Manager/City Council must be contained in a written employment contract signed by both the City Manager and the affected employee. The City Manager may delegate rights and powers granted under these policies and procedures to others as deemed appropriate in the City Manager's sole discretion.

Organization Description

Updated 10/01/19

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Mission Statement A community of family values who is dedicated to a safe environment and quality growth.

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Vision Statement Forney is a vibrant hometown community of opportunity and connectivity without limits.

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City of Forney Values “VITAL” Visionary: We are open to new ideas and acceptive to create solutions to all challenges. Integrity: Our behavior and attitude is characterized by honesty, ethical conduct, and trust. Teamwork: Helping each other to serve the community and be the best we can be in a positive, encouraging and authentic manner; we will also seek new team members who will enhance and enrich the organization by their unique contributions and talent. Accountable: We understand that our responsibility is the effective and efficient delivery of service to our citizens; further, that policy decisions are to be implemented with diligence. Leadership: We are servant leaders; seeking to serve our community, organizations, and our fellow employees with humility, empowerment, professionalism, and enthusiasm.

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Services Provided The primary objective and purpose of municipal government is to provide the most effective, cost-efficient, and courteous service possible to our citizens. Employees are selected for their positions because they have the knowledge, skills, and abilities to fulfill the overall City mission of providing excellent City services.

Organizational Structure

Updated 10/01/19

The City of Forney is a home rule city operating under a Council/Manager form of government. The City Council is comprised of an elected Mayor and six elected Council members. Those seven representatives serve the entire City of Forney and while they are assigned place numbers for election purposes, there are no city districts or precincts. The number is for candidacy purposes only and each member represents the entire population of Forney. The City Manager is appointed by the City Council and serves as policy advisor to the Council.

Chapter 1: Employment 1.01 Employment Classifications

Updated 10/01/19

The City will maintain standard definitions of employment and will classify employees in accordance with the following definitions. Full-Time Employee Full-time employees are those who are regularly assigned to work at least 40 hours each week. Part-Time Employee Part-time employees are those who are regularly assigned to work less than 40 hours each week. For purposes of determining eligibility under the Patient Protection Affordable Care Act (PPACA) for the group medical plan, including dental and vision, an employee must average 30 or more hours per week over a 12-month period. Exempt Some executive, administrative, and professional employees are exempt from the requirements of the Federal Fair Labor Standards Act (FLSA) that provide overtime pay standards. These exemptions are generally based on the responsibility, discretion, independent judgment, and decision-making authority required in the job. Exempt employees are not eligible to receive overtime pay. Non-Exempt Employees in non-exempt jobs must be paid overtime generally for hours worked over forty (40) hours per week. This means that non-exempt employeesâ€™ time worked must be recorded to comply with the FLSA.

1.02 Equal Employment Opportunity

Updated 10/01/19

The City provides equal employment opportunities (EEO) to all employees and applicants for employment without regard to race, color, religion, sex, national origin, age, disability or genetics. The City complies with applicable state and local laws governing nondiscrimination in employment in every location in which the City has facilities. This policy applies to all terms and conditions of employment, including recruiting, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation and training. The City expressly prohibits any form of workplace harassment based on race, color, religion, gender, sexual orientation, gender identity or expression, national origin, age, genetic information, disability, or veteran status. Improper interference with the ability of the Cityâ€™s employees to perform their job duties may result in discipline up to and including discharge.

1.03 Nepotism

Updated 10/01/19

A. In order to prevent conflicts of interest, to avoid accusations and perceptions of biased conduct, and to maintain the confidentiality of restricted information, it is the policy of the City that no person related within the second degree of affinity (marriage) or within the third degree of consanguinity (blood) to the Mayor, any member of the City Council, or the City Manager will hold any office, position, or other service of the City. An exception will be made if that person held his/her position for at least six (6) months prior to the election if related to the Mayor or a Council member or for at least thirty (30) days prior to the appointment if related to the City Manager. B. No person related within the second degree by marriage or within the third degree by blood to any member of the Executive Team, Assistant Department Directors or their direct reporting managers may work in the same division as that employee or within the department where there is a close working relationship that could impact the health, safety, or welfare of an employee, or the efficient operation of the City. C. No person related within the second degree by marriage or within the third degree by blood to any other City employee may work in the same division as that employee or within the department where there is a close working relationship that could potentially impact the health, safety, or welfare of an employee, or the efficient operation of the City. D. “Step” relationships will also be included in the restrictions detailed in this policy. (For example, a step son would be considered the same as a son.) First Degree Spouse Children Mother Father

Second Degree Brothers Sisters Grandparents Spouse’s Mother Spouse’s Father Spouse’s Sisters Spouse’s Brothers

Third Degree Great-Grandparent Uncles Aunts Nephews Nieces

E. If the marriage of an employee creates a case of nepotism as stated above, the matter must be resolved by transfer or termination within a reasonable period of time, not to exceed six (6) months. The employees involved will be allowed to make the decision as to which employee will seek a transfer or be terminated. In addition to this policy, the City Manager reserves the right to apply the nepotism prohibition on a case by case basis where failure to do so would be detrimental to the City. Employees currently in violation of this policy at the time of adoption are “grandfathered” from the provisions of this policy.

1.04 Job Recruitment and Selection

Updated 10/01/19

The City hires employees based on their knowledge, skills and abilities, experience, and other qualifications as they relate to the duties and responsibilities of a position without regard to race, national origin, religion, color, sex, age, citizenship, political affiliation, disability, genetics, veteran's status, or any other characteristic protected by law. Recruitment Requirements: The recruitment process is initiated by a Department Director submitting a request to fill a vacancy of a budgeted position to the Director of Finance. The request may be submitted via email. Once interviews are concluded, the Department Director will forward a recommendation of who they would like to hire to the Human Resources Department. The City Manager will make the final determination based on the recommendation of the Department Director and Human Resource Department. Effective October 1, 2019, the City will only consider applicants who are tobacco free for the preceding 90 days. Applications: Anyone seeking employment, promotion, transfer, or reemployment with the City must complete and submit an official City application for the desired position. Hiring Process: Applicants for employment will be subject to reference checks, oral interviews, and background checks; and will be required to submit to a post-offer physical examination and drug and tobacco screening. Written tests, performance tests, and/or other screening procedures may be used as deemed appropriate. Any post-offer examinations will be used to ensure that the prospective employee is able to perform the duties of the job. Disqualification: Examples for disqualification of an applicant include, but are not limited to, the following: •

Failure to meet the minimum requirements for the position as defined in the job description.

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Falsification of any material fact or any attempt to practice deception or fraud by the applicant on the application and/or supplements during interviews with a representative of the City during examinations, or during any phase of the employment process.

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Failure to disclose familial relationships are grounds for disqualification and/or discharge.

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Failure to submit an application for a position by the posted closing date.

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Failure to meet the City’s driving requirements for those positions which require the operation of equipment or vehicles as an essential function of their position.

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Conviction, having received deferred adjudication, or placement on probation for a felony or crime where such history represents a risk to the City of Forney or where such history is in conflict with the responsibilities and duties of the job.

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Inability to pass all required examinations, including pre-employment screenings. In the event of an inconclusive drug screen finding, including dilute, by the testing laboratory, the applicant must submit another sample. However, after one (1) additional attempt, the applicant’s conditional offer will be rescinded.

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Failure to complete the application in the manner prescribed.

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History of instability as evidence on the completed application and/or resume.

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Inability or unwillingness of the applicant to work the required work schedule.

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Previous disciplinary action - Although not intended to be an exhaustive list, examples of rejection of an applicant include, but are not limited to, the following: involuntary termination from a previous employer(s) for inadequate performance of duties, misconduct, job abandonment, attendance-related problems, insubordination, violation of safety rules, theft of employer property, or using, soliciting, or possessing alcohol or drugs while at work.

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Failure to meet the tobacco free requirement.

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Failure to meet any other job-related requirements deemed necessary by the Human Resources Department.

1.05 Orientation Period

Updated 10/01/19

Before administrative processing, an applicant shall have completed all required examinations and his/her appointment shall have been confirmed by the City Manager. All applicants selected for appointment shall be provided with a thorough orientation concerning working for the City, the nature of the job, benefits, City policies, obligations and responsibilities of the City. During the orientation period, employees shall complete forms for enrollment in the various benefit programs and shall provide all required information for the City's insurance programs.

1.06 Probationary Period

Updated 10/01/19

Every person initially appointed to or promoted in the City service under a regular appointment shall be required to successfully complete a probationary period of six (6) months, with the exception of police officers and firefighters who shall be required to successfully complete a one (1) year probationary period. An employee’s probationary period may be extended up to three (3) months if, in the opinion of the department head, such additional time is necessary and/or warranted in order to adequately evaluate the employee. An employee who successfully completes the probationary period may receive additional compensation as established by the City Council. The successful completion of a probationary period does not alter, change, or modify the employment at-will status of the employee. The successful completion of a probationary

period does not create or confer any property rights or expectation of continued employment with the City to any employee. Purpose of Probation Period Department directors shall use the probationary period to closely observe the work and fitness of employees and to encourage adjustment to their jobs and city service. Only those employees who meet acceptable standards during their probationary periods shall be retained. In the case of appointing or promoting department directors, the probationary period shall be evaluated by the City Manager. Failure of Probation An employee shall fail probation when, in the judgment of the department director, the employeeâ€™s fitness and/or quality of work are not such as to merit continuation in the job. Failure of probation may occur at any time within the probationary period and shall not be considered part of the disciplinary process. A newly promoted employee who fails probation may be returned to his or her former job if a vacancy exists and the employee shall be eligible for consideration for later advancement. Department directors shall insure the thorough documentation of all cases of failure of probation and shall report the same to the City Manager for record keeping purposes. Department directors shall provide the affected employee with written notice that the employee failed his/her probationary period. Appeal of Failure of Probation An employee failing probation shall have no right to appeal, except on the grounds of discrimination which is prohibited by law and these policies, in which case the employee may appeal in writing to the City Manager within ten (10) calendar days following notice of failure of probation. Upon receipt of the written intent to appeal, the City Manager shall schedule an appeal hearing within a reasonable time. The City Manager may sustain, reverse or modify the decision regarding the employeeâ€™s failure of probation. The City Manager shall provide the employee with a written decision within ten (10) calendar days following the hearing. The City Managerâ€™s decision is final.

1.07 Outside Employment

Updated 10/01/19

An employee shall not engage in outside employment, including self-employment where such employment would constitute a conflict of interest or would adversely affect the employee's performance in the City service.

1.08 At - Will Employment

Updated 10/01/19

Each employee enters into the employment relationship with the City voluntarily, with no specified length of employment. Accordingly, either the City or an employee can terminate the employment relationship at will, at any time, with or without cause, with or without notice. This at-will employment relationship exists regardless of any other written statements or policies or any verbal statement to the contrary. Any employee, manager, or supervisor who makes such a representation or promise is not authorized to do so.

1.09 Americans with Disabilities Act (ADA)

Updated 10/01/19

The Americans with Disabilities Act (ADA) requires employers to reasonably accommodate qualified individuals with disabilities. However, the employer is not required to lower quality or quantity standards to make an accommodation. In addition, the employer is not required to provide personal use items such as glasses, contact lens, wheel chairs or hearing aids as an accommodation. The City of Forney will comply with all federal, state, and local laws relating to the employment of applicants and employees with disabilities and reasonably accommodate qualified individuals with a disability so that they can perform the essential functions of the job in question. An individual, who can be reasonably accommodated for the job in question, without undue hardship, will be given the same consideration for that position as any other applicant or employee. Applicants who pose a direct threat to the health or safety of other individuals in the workplace, which threat cannot be eliminated by reasonable accommodation, will not be hired. All employees are required to comply with safety standards. Any employee that poses a direct threat to the health or safety of the other individuals in the workplace will be placed on appropriate leave until an organizational decision has been made in regard to the employeeâ€™s immediate employment situation.

Chapter 2: Personnel Actions and Records 2.01 Personnel Files

Updated 10/01/19

The City of Forney maintains an official personnel file in Human Resources on each employee including such information as the employeeâ€™s job application, resume, performance evaluations, personnel action forms, and other employment records. Restrictions & Confidentiality of File: Personnel files are the property of the City and access to the information they contain is restricted. However, release of information contained in the personnel file is subject to the Public Information Act. Information contained in the personnel file, except information deemed confidential by law or other information that is exempt from disclosure under the Public Information Act, may be released pursuant to such act. Additionally, direct or hiring supervisors and management personnel of the City who have a legitimate reason may review information in a file. Medical records are maintained separate from the personnel file and will not be released to the public, unless required by law. An employee or former employee may choose not to allow public access to information that relates to the employeeâ€™s home address, home telephone number, or social security number, or that reveals whether the employee has family members, by signing a written non-disclosure form at the time of employment, termination, or retirement. An employee or former employee may also later choose to open or close access to such information. Employee Access to File Employees who wish to review their own file shall contact the Human Resources Department to schedule an appointment. With reasonable advance notice, employees may review their own personnel file in the Human Resources Department in the presence of a Human Resources employee. The employee may review the files and take notes or request copies of select pages but shall not add or remove anything from their personnel file. Personal Data Changes It is the responsibility of each employee to notify the Human Resources Department within one (1) week of any changes in personal data, such as personal mailing addresses, telephone numbers, emergency contact, etc. For employees with dependent insurance coverage, the number and names of dependents must also be kept up to date.

2.02 Employment Reference Verification

Updated 10/01/19

To ensure that individuals who join the City of Forney are well qualified and have a strong potential to be productive and successful, it is the policy of the City for the Human Resources Department to check the employment references of the selected applicant prior to extending a job offer.

The Human Resources Department is designated to respond to reference verification inquiries from other employers. All calls, contacts, and written inquiries concerning current or former employees should be referred to the Human Resources Department.

2.03 Performance Evaluation

Updated 10/01/19

Performance evaluations are scheduled approximately every twelve (12) months, coinciding generally with the City's fiscal year. This date changes only with promotion or demotion. An employee may attach a statement to their performance evaluation for rebuttal or clarification, if desired. Supervisors and employees of the City of Forney are strongly encouraged to discuss job performance and goals on an ongoing informal basis. Supervisors are also encouraged to record examples of employee performance throughout the year to be used as documentation to support the performance evaluation. Formal performance evaluations are conducted to provide both supervisors and employees the opportunity to discuss job tasks, identify and correct weaknesses, encourage and recognize strengths, and discuss positive, meaningful approaches for meeting goals.

2.04 Classification and Compensation Guidelines

Updated 10/01/19

Plan Preparation and Maintenance The City Manager shall be responsible for the preparation and administration of a written classification plan for the city service based on examination of the duties and responsibilities of positions. Outside expertise may be utilized when necessary to assist the City Manager and/or department directors in job analysis and classification. The classification plan shall continually be reviewed to determine if the duties and responsibilities of the city position need any adjustments or reclassification. An employee may request that his or her position be reviewed for proper classification by using established grievance procedures. Purpose The purpose of the classification plan is to: (1) provide equitable compensation for each employee based on the individualâ€™s responsibilities and performance; (2) appraise each position in a fair and consistent manner and evaluate its importance to the organization; (3) establish classifications which are competitive with wages and salaries for similar jobs within the local economy or applicable labor market; (4) establish procedures for salary increases that provide adequate monetary reward to employees in recognition of demonstrated performance; (5) establish salary ranges that will retain experienced employees; and (6) assist the City Manager in determining the responsibilities, work requirements, and duties of specific positions. Effect of Reallocation An employee in a position which is reallocated from one class to another shall be entitled to continue to serve therein with unimpaired status if the duties and responsibilities of the position are not significantly changed or if the employee substantially meets the qualifications prescribed for the new class.

Official Job Titles Official jobs titles shall be used in all personnel matters. Working or functional titles may otherwise be used as appropriate. Movement between classifications can fall into different classes. These classes are defined below: •

Reclassification: Reclassification is a title and/or grade change based on significant change or expansion of job responsibilities and duties, or as a result of market review. It is approved during the budget process and there is no change in the performance review date. Reclassification is not an assessment of the personal merit or attributes of the employee. Neither a greater volume of the same work nor isolated occurrences of higher duties are justification for reclassification. Classification decisions are not based on an employee’s job performance or a comparison to the volume of work that other employees perform.

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Lateral Transfer: A lateral transfer is the reassignment of an employee from one position and/or department to another within the same grade. A transfer not involving promotion or demotion may be made at any time for administrative convenience or necessity, or upon request of the employee to the department head, or if interdepartmental, to the City Manager; provided that the employee is qualified to perform the duties of the position to which a transfer is contemplated. Transfers may be made administratively or in conjunction with an announced selection process. The employee will be required to complete a six (6) month probation evaluation.

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Promotion: A promotion is the assignment of expanded duties into a vacant or new position requiring more responsibility, experience, education, technical or professional expertise, and usually at a higher pay grade. It shall be City policy to provide promotional opportunities whenever possible. If there is a salary increase, the amount would be sufficient to reach the minimum of the salary range or up to a 5% salary increase. The employee will be required to complete a six (6) month probation evaluation.

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Non-Disciplinary Demotion: A demotion is the assignment of an employee from one position and/or department to another having less responsibility or requiring less experience, education, technical or professional expertise, at a lower pay grade. At demotion, the salary will be adjusted to the new salary range. With the approval of the City Manager, and if qualified to perform the duties of the lower level position, an employee may be administratively demoted at the employee’s request or as an alternative to layoff. Such demotions shall not be considered disciplinary actions or disqualify the employees involved from consideration for later advancement. Demotions affected as alternatives to layoffs may be fully or partially rescinded at any time.

2.05 Job Descriptions

Updated 10/01/19

The City of Forney makes every effort to create and maintain accurate job descriptions for all positions within the City. Each description includes the following sections: job summary, major duties, knowledge required by the position, supervisory controls, guidelines, complexity, scope and effect, personal contacts, purpose of contacts, physical demands, work environment, supervisory and management responsibility, and minimum qualifications. The City maintains job descriptions to aid in orienting new employees to their jobs, identifying the requirements of each position, establishing hiring criteria, setting standards for employee performance evaluations, and establishing a basis for making reasonable accommodations for individuals with disabilities. When new positions are created, the supervisor or department director will need approval from - the City Manager and/or the Human Resources Department. Existing job descriptions are also reviewed and revised to ensure that they are up to date and reflect changes. Employees are expected to help ensure that their job descriptions are accurate and current, reflecting the work being done. Employees must remember that job descriptions do not necessarily cover every task or duty that might be assigned, and that additional responsibilities may be assigned as necessary. Employees may contact the Human Resources Department with questions or concerns about the job description.

2.06 Separation of Employment

Updated 10/01/19

Separation of employment with the City can occur for several different reasons. Employment may end as a result of resignation, retirement, release (end of season or assignment), reduction in workforce, or termination. When an employee separates from the City, their supervisor shall notify Human Resources and inform the employee to schedule an exit interview. Types of Separation

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Resignation: Resignation is a voluntary act initiated by the employee to end employment in "good standing" with the City. The employee must submit a signed and dated letter of resignation providing a minimum of two weeks’ notice. If an employee does not provide advance notice, or fails to work the remaining two weeks, the employee may be ineligible for rehire.

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Retirement: Employees who retire under TMRS are required to notify their Department Director and the Human Resources Department in writing at least one (1) month before planned retirement date per TMRS policy.

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Job Abandonment: Employees who fail to report to work or contact his/her supervisor for three consecutive work days shall be considered to have

abandoned the job without notice effective at the end of his/her normal shift on the third day. The supervisor or department director shall notify the Human Resources Department at the expiration of the third work day and initiate the paperwork to terminate the employee. Employees who are separated due to job abandonment are ineligible to receive accrued benefits and are ineligible for rehire.

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If the employee is unable to contact his/her supervisor for any absence, he or she should ask a representative (such as family member or friend) to do so on the employee’s behalf. If the employee or a representative is unable to contact the City due to extreme circumstances (such as a medical emergency or natural disaster that prohibits the employee or his/her representative from contacting the City within three work days), the employee or his/her representative must contact the City as soon as practicable to explain the situation. In extreme circumstances, the employer will consider the explanation and its timing before determining if the voluntary resignation will be upheld.

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Termination: Employees of the City of Forney are employed on an at-will basis and the City retains the right to terminate an employee at any time.

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Reduction in Work Force: An employee may be laid off due to changes in duties, organization, lack of funds, or lack of work. If possible, at least two (2) weeks' notice shall be given to the employee prior to the layoff. Whenever possible, an employee laid off from one department shall be transferred to a suitable position in another department. Seniority within city service shall be used to determine the order of layoff among employees with substantially equivalent records of job performance and efficiency, with the most senior employees being retained the longest. Layoffs shall not be considered disciplinary actions. Employees who are laid off may not appeal the lay-off decision through the appeal process.

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Incapacity: An employee may be separated for incapacity for medical reasons when the employee, as an individual, no longer meets the standard of fitness required for the position. A finding of incapacity shall be made through individual medical determination by a competent physician as prescribed by the City Manager. Separation for incapacity shall not be considered disciplinary action and shall not operate to deny any employee the use of any accrued illness, injury, disability, or other benefits.

Exit Procedures •

Return of City Property: The separating employee must return all City property at the time of separation, including but not limited to uniforms, cell phones, keys, and identification badges.

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Exit Interview: The separating employee shall contact the Human Resources Department as soon as notice is given to schedule an exit interview. The interview may be on the employee’s last day of work or other day as mutually agreed upon.

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Final Paycheck: The separating employee’s final paycheck will be direct deposited unless City items have not been returned. Final paychecks may include applicable deductions and payouts. The separated employee’s final paystub will be mailed to the address on file unless other arrangements have been made.

Termination of Benefits An employee separating from the City is eligible to receive benefits as long as the appropriate procedures are followed as stated above. Two (2) weeks’ notice must be given and the employee must work the full two (2) work weeks, unless otherwise authorized by the employee’s supervisor. •

Accrual Leave: An employee will be paid for any unused accrued paid time off except for sick leave. The payment amount will be included, generally, in the employee’s last paycheck.

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Health Insurance: Health insurance terminates the last day of the month of termination.

Rehire Former employees who leave the City in good standing and were classified as eligible for rehire may be considered for reemployment. An application must be submitted to the Human Resources Department and the applicant must meet all minimum qualifications and requirements of the position, including any qualifying exam, when required. Supervisors must obtain approval from the Human Resources Department or designee prior to rehiring a former employee. Rehired employees begin benefits just as any other new employee. Previous tenure will not be considered in calculating longevity, leave accruals, or any other City benefit unless reinstatement occurs within one (1) year of the employee’s resignation. Bar from Employment An applicant or employee who is terminated for violating City policy or who resigned in lieu of termination from employment due to a policy violation will be ineligible for rehire.

2.07 Retirement

Updated 10/01/19

The City of Forney is a member of the Texas Municipal Retirement System (TMRS), which is governed by the State of Texas legislature. Participation in the system is mandatory for all regular full-time employees and regular part time employees working the number of hours required by TMRS. Employee contributions to the System will be deducted from each pay check. Employees who retire must notify their Department Director and the

Human Resources Department in writing at least one (1) month before the planned retirement date. Benefits Eligibility • In order for an employee to be considered retired with the City of Forney, the employee must be qualified for service retirement from TMRS immediately upon separation from the City. Generally, employees may retire after 240 months (20 years) of TMRS credit, regardless of age. Military service or previous government employment may contribute service credit toward earlier retirement. •

Participation in the City’s health and dental insurance program ceases upon the date of eligibility for Medicare for the Retiree and dependents unless otherwise stipulated.

•

To be eligible for retiree health coverage the employee must inform Human Resources, no later than the day on which the person retires from the City that continued coverage is elected.

•

Dependents that are on the City’s medical plan at the time of retirement may be maintained on the retiree medical plan. Retirees may not add dependents to insurance after retiring.

•

The retiree is responsible for remitting the amount of the premium at the time specified to the Human Resources Department. If the retiree fails to remit the required amount to the Human Resources Department by the time required, the coverage will terminate, and medical/dental/vision insurance coverage will cease.

•

The City has approved a Supplemental Death Benefit Option with TMRS which provides a death benefit of $7,500 for TMRS retirees.

•

The City reserves the right to change this benefit and/or eligibility criteria at any time at the City’s discretion. The policy is not intended to be a contract. Benefit changes to the City’s group medical plan shall apply to retirees enrolled in the group plan.

•

Once participation in the City’s retiree insurance plan has been terminated for any reason, it shall not be reinstated.

Retiree Insurance Employees retiring after October 1, 2016 may choose to remain on the City group insurance plan under the following conditions: •

The employee is retiring from the City of Forney under the Texas Municipal Retirement System (TMRS) eligibility rules with at least five (5) years of service with the City of Forney; and

â€˘

The employee must choose to stay on the City plan at the time of retirement.

The retiree is eligible to remain on the City group plan until the retiree is eligible for Medicare benefits. For retirees with at least five (5) years of service with the City of Forney at the time of retirement, the City will contribute 50% of the monthly retiree premium. For retirees with at least twenty (20) years of service with the City of Forney at the time of retirement, the City will contribute 75% of the monthly retiree premium. Premiums must be paid to the Human Resources Department by the 5th of each month to avoid cancellation of the policy enrollment.

Chapter 3: EMPLOYEE BENEFITS 3.01 Health Insurance

Updated 10/01/19

The City provides health insurance to all permanent full-time employees. Coverage is effective on the 1st of the month following the month in which the employee started employment with the City. Dependent coverage is available at group rates by payroll deduction.

3.02 Life Insurance

Updated 10/01/19

The City provides group life insurance to all permanent full-time employees. Coverage is effective on the 1st of the month following the month in which the employee started employment with the City. The premiums for life insurance are paid by the City. The life insurance is payable in the event of death from any cause at any time or place while he or she is insured. Payment will be made to any beneficiary designated by the employee. Employees shall refer to the Life Insurance Policy for more specific information regarding coverage.

3.03 Dental Insurance

Updated 10/01/19

The City provides dental insurance for all permanent full-time employees. Coverage is effective on the 1st of the month following the month in which the employee started employment with the City. This insurance provides payment of dental expenses up to the limits of the policy for dental work. Dependent coverage is available at group rates by payroll deduction. Employees shall refer to the Dental Insurance Policy for more specific information regarding coverage.

3.04 Workers’ Compensation Insurance/Injury Leave

Updated 10/01/19

The City of Forney complies with the Texas Labor Code in the provision of workers’ compensation insurance coverage for its employees. Workers’ Compensation insurance is designed to cover certain costs associated with injuries resulting from identifiable and specific accidents or injuries occurring during the course and scope of one’s employment. It is not designed to cover ordinary diseases of life. An employee injured on the job may be eligible for workers’ compensation benefits, which may cover the cost of hospitalization, treatment by a licensed medical professional, prescription drugs and other related expenses, to include possibly partial salary continuation. An employee who sustains a bona-fide, on-the-job, work related injury must seek medical attention from a medical facility or professional within the network of the insurance carrier. The employee must immediately report the circumstances of the accident and/or injury to his/her supervisor. The following procedure shall be followed for reporting and documentation:

1. The employee is responsible for notifying his or her immediate supervisor and Department Director. The supervisor shall notify the Human Resources Department immediately upon being made aware of an employee’s involvement in an accident or injury. Timely notification is critical in allowing Human Resources to authorize treatment of the employee’s work-related injuries. 2. Post-motor vehicle accident alcohol and drug tests shall be conducted on all employees as soon as practical following an accident. Any employee involved in an accident involving motorized equipment may also be subject to alcohol and drug tests as soon as practical following an accident. An employee may not report back to work until a drug test has been completed. Driving is not allowed until results of the drug test are known. 3. The employee’s supervisor (or other appropriate City personnel) will initiate a thorough investigation into the cause and circumstances of the accident or injury, interview all witnesses and prepare a detailed written report explaining how and why the accident occurred. The employee’s supervisor must submit a report regarding the accident and first report of injury or illness and any other related information to the Human Resources Department no later than the next business day after the injury was reported or no later than 9:00 A.M. on the following Monday for injuries occurring over the weekend. 4. If the employee’s supervisor has reason to believe that an injury has been reported that is not directly related to or caused by a specific accident or incident occurring in the performance of the employee’s assigned job duties, the supervisor must advise the Human Resources Department of these circumstances. The decision of whether or not an injury will be covered by workers’ compensation will be made by the City’s insurance carrier and not by the City. 5. For every office visit, the employee is required to obtain from his or her licensed medical professional a completed work status report, which includes the employee’s diagnosis, when the employee is expected to be able to return to work, the employee’s restrictions and the date of the employee’s next appointment. It is the employee’s responsibility to ensure that a copy of the work status report is forwarded to the Human Resources Department. The City will hold an employee’s position, following an injury that occurred while performing official job duties or conducting City business, for no more than twenty-six (26) weeks. Twelve (12) weeks of this period may qualify for Family and Medical Leave (FMLA) and will run concurrently with such leave if applicable. At the end of the aggregate twenty-six (26) week period, should the employee still be unable for any reason to perform the essential duties of his or her job, with or without accommodation, his or her position may be filled and he or she may be considered for a vacant position for which he or she is qualified. If no vacant position is available for which the employee is qualified, if he or she is not selected to fill the vacant position or if the employee declines to accept another position, his or her employment with the City will be terminated. Salary Continuation Eligibility shall be as follows:

1. An employee who is unable to work for any period of time, either at his or her regular job or at any alternative duty position, because of an injury that occurred while performing official job duties or conducting official City business, is eligible to receive workers’ compensation benefits equal to approximately seventy (70) percent of his salary. It is the City’s policy to make up the remainder of the employee’s regular pay for at least a portion of the time off, provided certain conditions are met. This benefit is paid starting from the date of injury and is available to both full-time and part-time employees. Any employee receiving salary continuation is not allowed to engage in any other part-time or secondary jobs outside of the City. 2. The Human Resources Department will determine whether the employee meets the criteria for receiving supplemental salary continuation pay for any hours missed because of restrictions imposed by the employee’s licensed medical professional. To be eligible for supplemental salary continuation, the employee must furnish to the City sufficient documentation to verify the injury or accident: a. Occurred during the course and scope of the employee’s employment; b. Did not occur while conducting personal business on paid or unpaid meal breaks or while participating in voluntary fitness activities while not on shift; c. Was timely reported; d. Was not caused by the employee’s failure to use or wear prescribed safety apparel or devices; e. Did not occur while the employee was under the influence of alcohol, illegal drugs or abuse of legally obtained drugs; and f.

Prevents the employee from performing his or her regular job duties or any other alternative duty assignment.

g. The injury must be approved by the City’s workers’ compensation insurance carrier. 3. The maximum duration of salary continuation for employees is ninety (90) days from the first day of lost time as a result of the work-related injury, unless such an extension is expressly authorized by the City Manager. A careful review will be conducted by the City Manager and the Human Resources Department prior to authorizing each extension. Extensions by the City Manager may be authorized in no more than thirty (30) day intervals. 4. Employees suffering injuries that have extended beyond the ninety (90) days or are not eligible for supplemental salary continuation may elect to use their leave accruals to offset the loss of income during the recovery period.

Injury leave begins on the first scheduled workday of disability and continues until the employee is released to return to work by a licensed medical professional and returns to work. The City will continue to pay the City’s portion of the employee’s group medical insurance for a period of time not to exceed twenty-six (26) weeks for an employee on injury leave. To continue group and/or dependents’ medical insurance after the twentysixth (26th) week on which the employee is on injury leave, the employee must pay both the employee’s and the City’s portions of these insurance premiums. While on leave because of a bona fide, on-the-job, work-related injury, each time the employee sees a licensed medical professional for consultation or treatment, he or she must provide a progress report to the appropriate supervisor as well as the Human Resources Department. Any change in the employee’s condition which might affect his or her entitlement to workers’ compensation payments must also be reported to the appropriate supervisor. In addition, the injured employee must contact his or her supervisor at least once a week to report on his or her condition where practical. A written statement from the attending licensed medical professional certifying that the employee has been released to return to work and specifying the type(s) of work he or she is capable of performing as well as any limitation(s) must be received by the City before an employee may return to work. All employees on injury leave must return to work after approval of either the employee’s attending licensed medical professional or an independent licensed medical professional paid by the City. Upon receipt of a release to return to work, the City may require the employee to submit to a medical examination to determine whether the employee can perform the essential functions of his or her position. Failure to return to work when directed will result in appropriate disciplinary action up to and including termination. During the course of an on-the-job injury leave of absence, if an employee is released by his or her licensed medical professional for light duty, the employee’s job or alternative job assignment(s) will be evaluated for a determination of whether a temporary position is available in which the City can use the employee’s limited services for a temporary period of time. If no acceptable light duty assignment can be found, the employee may be placed on inactive status until released by the licensed medical professional to return to his or her previous full job duties. An employee who is able to return to work in light duty status will receive the same rate of pay but may be required to work in a different department and perform duties not contained within his or her current job duties. A light duty assignment shall not exceed ninety (90) days. In addition, the employee may receive workers’ compensation payments which would be turned over to the City and the City may pay the employee his or her regular pay, if applicable.

3.05 Short-Term Disability and Long-Term Disability

Updated 10/01/19

The City provides to all full-time employees a short-term disability plan (STD) and longterm disability plan (LTD) to help eligible employees cope with an illness or injury that would result in absence from employment. These plans are designed to ensure a continuing income for employees who are disabled and unable to work. Eligible employees may participate in these plans subject to all terms and conditions of the agreement between the City and the insurance carrier. Contact the Human Resources Department for additional information about the STD and LTD benefits plans.

3.06 COBRA - Consolidated Omnibus Budget Reconciliation Act

Updated 10/01/19

COBRA gives employees and/or dependent(s) the opportunity to continue health insurance coverage under the City's health plan when a qualifying event would normally result in the loss of eligibility. Some common qualifying events are resignation, termination of employment, death, reduction in hours, an employeeâ€™s divorce or legal separation, or a dependent child no longer meeting eligibility requirements. Under COBRA, the employee or beneficiary will pay the full cost of coverage at the Cityâ€™s group rate plus an administrative fee. When a qualifying event occurs, contact the Human Resources Department to determine COBRA eligibility.

3.07 TMRS Retirement Plan

Updated 10/01/19

The City is a member of the Texas Municipal Retirement System (TMRS). Participation in the TMRS provides for monthly pension benefits for employees of Texas municipalities at retirement. Participation in this system is required for all permanent employees who work 1,000 or more hours a year. Participation in the system begins immediately upon employment with the city. The employee will contribute seven percent (7%) of his or her salary through payroll deductions into the retirement plan. The city will match said amount at a ratio of 2:1.

3.08 Employee Assistance Program

Updated 10/01/19

The City of Forney offers an Employee Assistance Program (EAP) for employees, which provides confidential short-term counseling for employees and/or their dependent(s). Areas of counseling include, but are not limited to marital and family conflicts, drug and alcohol use, job or emotional stress, depression, and grief. Individual counseling for immediate family is available for up to three (3) sessions per incident per year at no cost. Consult your insurance material or the Human Resources Department for the telephone number of the EAP.

3.09 Certification Pay

Updated 10/01/19

The City of Forney is committed to the employeeâ€™s educational growth and development. In addition to an employeeâ€™s regular earnings, an employee who obtains certification may be eligible for certification pay. Eligible employees are required to provide Human Resources with proof of eligibility (certificate) before certification pay will be awarded. All paperwork must be submitted to Human Resources within three (3) pay periods of the employee being hired or receiving the proof of eligibility for certification in order for payment to be retroactive. If the certification requires renewal and the employee fails to renew the certification and turn in the paperwork, the certification will be dropped until proof of renewal is received in Human Resources. Fire Department Intermediate Fire Certificate $600 per year Advanced Fire Certificate $1200 per year Master Fire Certificate $1800 per year Police Department Intermediate Peace Officer or Telecommunicator Certificate $600 per year Advanced Peace Officer or Telecommunicator Certificate $1200 per year Master Peace Officer or Telecommunicator Certificate $1800 per year

3.10 Tuition Reimbursement

Updated 10/01/19

It is the policy of the City of Forney to provide quality services for its citizens by encouraging upward mobility, employee development, and excellence of performance by sharing the expense of approved courses and educational programs. Tuition reimbursement assists employees in broadening their knowledge of their current position or preparing them for possible assumption of new job responsibilities within the City. Eligible Employees To be considered for participation in the tuition reimbursement program, an individual must be a regular full-time employee and have successfully completed at least six months of service with the City prior to application approval. Terms of Tuition Reimbursement 1. Courses offered by accredited colleges, universities, or trade schools are eligible for tuition reimbursement if they are: a. Required by a degree plan which is related to a City career field; b. Required by a trade school course of study that is related to a City career field; or

c. Related to a City career field as determined by the City Manager or his/her designee. Accredited institutions are those having a curriculum of study approved by the Southern Association of College and Schools, the National Association of Trade and Technical Schools, or Career College of America. 2. Reimbursement is limited to no more than twenty-four (24) hours per fiscal year. 3. As a condition of reimbursement, participants must earn a grade of “C” or above in undergraduate level courses, “B” or above in graduate level courses, and “Pass” in Pass/Fail courses. For those courses for which grades are not assigned, a certificate of completion will serve as proof of course completion. 4. Reimbursement for thesis or dissertation will be paid when the participant submits an official grade report or transcript that records a passing grade. Reimbursement will be paid for the required number of credit hours (six for thesis and twelve for dissertation) regardless of the actual number of hours taken. 5. Mandatory fees may be reimbursed as part of the tuition rate charges. 6. The City will reimburse up to a maximum of $200.00 for books per semester. Receipts must be supplied with the request for reimbursement. Supplies or other expenses in connection with courses to be taken are not eligible for reimbursement. Fire Department employees working on a Fire Science Degree when the State reimburses tuition are eligible for book reimbursement. 7. Seminars, conferences, and courses unrelated to a City career field are ineligible for tuition reimbursement. Approval for reimbursement for seminars and conferences is subject to department training budgets. Non-credit continuing education courses containing the same or similar information as received in previous courses (repeat courses) as well as credit obtained under the College Level Examination Program (CLEP) are not eligible for tuition reimbursement. 8. Tuition reimbursement will be paid only once for each approved course. The City will not pay tuition reimbursement for courses for which tuition reimbursement has already been received by the employee. 9. Correspondence courses, on-line courses, and technical training courses must be approved by the Department Director prior to registration. Participants wishing to receive reimbursement for such must provide official scholastic accreditation documentation and an official description of the course(s) or training to the Department Director prior to registration. 10. The City will not pay the cost of tuition that has been or shall be paid from other sources such as scholarships, grants, Veterans’ benefits, or other subsidies. In the event of partial scholarship or grant, the reimbursement will be calculated based

on the actual expense to the employee. In no case can an employee “double dip” on tuition reimbursement benefits. 11. Tuition reimbursement will not be granted for audited courses. 12. Except for under unusual circumstances and with the written consent of the Department Director and Human Resources Department, an employee must schedule classes so that the employee’s attendance and course work do not adversely interfere with his/her normal work schedule or work performance for the City. 13. In all cases, the City has the sole discretion to approve or disapprove an employee’s request for tuition reimbursement and also to make the determination as to whether a school is appropriately accredited. Application and Reimbursement Process 1. To begin participation in the Tuition Reimbursement program, employees must obtain and submit the completed Educational Request and Tuition Reimbursement Agreement Form to the Department Director. For budgetary purposes, employees are to submit, in May of each year, a tuition reimbursement request for classes to be reimbursed in the City’s next fiscal year. Because of the lead time required to submit the request and begin the approval process, the employee may not have all the information required to fully complete the form. For this reason, a provisional approval will be given at the Department Director’s discretion, including, among other things, budgetary issues. Thereafter, when the employee has the required information to fully complete the form, he/she must resubmit the fully completed form. At that time, the Department Director will, as appropriate, either give his/her final approval or decline to approve the request. 2. Participants will pay all costs according to the parameters of their educational institution. Within 21 days after the employee completes a course, the employee must submit copies of the following to the Department Director for reimbursement approval: a. An itemized statement of tuition and fees, b. Proof of payment, and c. An official grade report or transcript. 3. Participants will be reimbursed based upon the actual fee schedule of the school they attend. Reimbursement requests submitted after the deadline will be denied unless prior written permission is granted by the Department Director. Termination If an employee resigns or is terminated for any reason prior to course completion, the City shall not be obligated to reimburse any part of the expense.

An employee who resigns or is terminated less than two years after completion of a reimbursed course must reimburse the City for all amounts paid to the employee under this policy within thirty days of his/her separation date. The City may reduce the final paycheck by any/all amounts owed. Employees terminated due to a reduction in force shall not be required to reimburse the monies. Employees on Leave Special authorization must be obtained from the Department Director and the Human Resources Department in order for an employee to continue classes while he/she is away from work while on sick leave, workersâ€™ compensation leave, FMLA leave, and so on.

Chapter 4: LEAVES OF ABSENCE 4.01 Sick Leave

Updated 10/01/19

Sick leave is paid time away from work due to an employeeâ€™s bona fide illness or injury that prevents him/her from working, for visits to the doctor or dentist or for other medical therapy, or to care for certain family members who are ill or injured. All permanent full-time and permanent part-time employees accrue sick leave relative to their scheduled number of hours. Accrual rates are as follows: Full-time Permanent Employees Employees working 40 hr/week shifts: Employees working 24 hr shifts:

80 hours per year (3.08 hrs/pay period) 120 hours per year (4.62 hrs/pay period)

Animal Control, Police, and Dispatch personnel will be considered as employees working 40 hours per week. Part-time Permanent Employees Sick leave will accrue on a prorated basis according to the normal work schedule. Sick leave shall be administered as follows: 1. Sick leave shall accrue from the date of employment. 2. An employee may accumulate unlimited sick leave. 3. Sick leave may not be taken in advance of it being earned. 4. An employee who is unable to work due to illness or injury (whether their own or a family member) must notify their supervisor before the start of the workday using whatever method is specified by the supervisor. The supervisor must also be contacted on each additional day of absence. Employees must also provide a reasonable amount of notice for doctor appointments or other treatment. Supervisors may request that the employee schedule such appointments at a time that is least disruptive to the work unit and the schedules of co-workers. 5. Sick leave is paid at the employeeâ€™s base rate of pay and shall be charged only for time during which the employees would ordinarily have worked. Sick leave does not count as time worked for purposes of determining overtime. 6. If an official holiday occurs during a period of illness, an employee will be charged for the holiday instead of for sick leave. 7. An employee who becomes ill or injured during vacation may request that the vacation be terminated, and the absence converted to sick leave. Usage of sick leave in these circumstances is subject to all provisions contained in this policy.

8. Upon termination of employment, no employee will be paid for sick leave accrued and not taken, except that any employee retiring from the City of Forney in good standing after twenty (20) years of service will be paid for 50% of the accumulated sick leave up to a maximum of 500 hours. 9. An employee who is released by the treating physician to return to regular or light duty (provided light duty is available), is ineligible to use sick or other paid leave and may be subject to disciplinary action if they fail to report for work. 10. An employee on sick leave may not engage in work, whether part-time or fulltime, for pay or as a volunteer, while off work from the City. 11. An employee who uses sick leave for three or more consecutive work days must provide a statement from the treating physician as proof that the illness or injury prevents him/her from working. An employee may also be required to furnish a statement from a treating physician, or to submit to a physical examination by a physician selected by the city when: (1) there is a reasonable cause to question the merits of an employee’s claim that the employee’s absence is due to illness or injury of the employee or a family member residing in the employee’s household; (2) the employee’s safety or ability to work is in question; (3) there is a question of sick leave misuse; or (4) the efficiency or safety of the work unit is in question. Failure to submit the statement in a timely manner will result in the denial of sick leave. 12. The misuse of sick leave is grounds for disciplinary action up to and including termination. The misuse of sick leave is characterized by a pattern of behavior such as, but not limited to: • Misrepresenting the need to use sick leave. • Falsifying healthcare provider notices or reports. • Frequently using sick leave before or after holidays, weekends, or following a payday. • Frequently using sick leave as soon as it has accrued. 13. Sick leave hours may be transferred from one employee to another. The purpose of a transfer is to provide employees with the possibility of obtaining additional sick leave to avoid loss of compensation due to a catastrophic illness or injury when the employee has exhausted all accrued leave. This temporary measure is geared towards limiting employees’ economic hardships until the required elimination period is reached for any long-term disability. Eligible employees may voluntarily donate sick leave earned by the employee to another City employee in the event of a catastrophic illness or injury. Eligible employees cannot donate more than forty (40) hours of their leave balance per year unless authorized by the City Manager. Eligible recipients are employees who suffer from a terminal illness, mortal injury, or a life endangering – event that requires hospitalization, hospice care, extensive

outpatient treatment and/or rehabilitation under the supervision of a state licensed medical or health care provider. Serious chronic illnesses or injuries that result in intermittent absences from work may be considered catastrophic (e.g. cancer and AIDS). Employees suffering from conditions that are short-term in nature (e.g. flu, measles, common illnesses, common injuries, etc.) are not deemed catastrophic. The Director of Human Resources or the City Manager has the discretion to determine whether a particular employee’s illness or injury is catastrophic. To receive donated leave, the employee must deplete or will soon deplete his/her accrued sick leave, vacation leave and other compensatory time, which will result in leave without pay status. The recipient employee should have no history of sick leave abuse. Full and part-time employees may contribute to a co-worker’s sick leave as long as his/her remaining balance is at least the minimum amount of eighty (80) hours. Donations of sick leave may not be rescinded by the donating employee, however, if donations go unused, the hours will be returned to the donating employee. 14. On the anniversary of the employee, an employee may sell back up to 25% of the unused sick leave accrual for that year at the employee’s base rate of pay. Sick leave must be sold back from only the current year’s accrual. 4.02 Vacation Leave

Updated 10/01/19

In appreciation of continuous service, the City shall provide employees in permanent fulltime and permanent part-time positions, an opportunity for paid vacation leave away from the work environment. The City encourages employees to use vacation leave annually. Department Directors will accrue vacation leave at a rate determined by the City Manager. All other permanent full-time and permanent part-time employees accrue vacation leave relative to their scheduled number of hours. Accrual rates are as follows: Full-time Permanent Employees Through five (5) years of continuous service: Employees working 40 hr/week shifts: Employees working 24 hr shifts:

80 hours per year (3.08 hrs/pay period) 120 hours per year (4.62 hrs/pay period)

Five (5) years plus one day through ten (10) years of continuous service: Employees working 40 hr/week shifts: 120 hours per year (4.62 hrs/pay period) Employees working 24 hr shifts: 180 hours per year (6.92 hrs/pay period) Ten (10) years plus one day through Fifteen (15) years of continuous service:

Employees working 40 hr/week shifts: Employees working 24 hr shifts:

160 hours per year (6.15 hrs/pay period) 240 hours per year (9.23 hrs/pay period)

More than fifteen (15) years of continuous service: Employees working 40 hr/week shifts: 200 hours per year (7.69 hrs/pay period) Employees working 24 hr shifts: 300 hours per year (11.54 hrs/pay period) Animal Control, Police, and Dispatch personnel will be considered as employees working 40 hours per week. Part-time Permanent Employees Vacation leave will accrue on a prorated basis according to the normal work schedule. Vacation leave shall be administered as follows: 1. Vacation leave shall accrue from the date of employment but shall not be taken until the employee has completed six (6) months of continuous service. 2. Employees must schedule vacation leave in accordance with their Departmentâ€™s guidelines. Whenever possible, vacation leave will be scheduled at the convenience of employees. However, Department Directors must be certain that vacations do not interfere with the normal functions and activities of their departments. Employees are encouraged to submit their requests as far in advance as possible to relieve any scheduling problems that may develop. Failure to schedule vacation leave in accordance with your Department guidelines or failure to have approval prior to the leave may result in the employee being absent without leave. An employee who is absent without leave will not receive pay for the time in question and may be subject to disciplinary action. 3. Vacation leave is paid at the employeeâ€™s base rate of pay and shall be charged only for time during which the employee would ordinarily have worked. Vacation leave does not count as time worked for purposes of determining overtime. 4. If an official holiday occurs during a period of vacation, an employee will be charged for the holiday instead of for vacation leave. 5. An employee who becomes ill or injured during vacation may request that the vacation be terminated, and the absence converted to sick leave. Usage of sick leave in these circumstances is subject to all provisions contained in the sick leave policy. 6. Vacation leave shall not be advanced to any employee unless approved by the City Manager. 7. Vacation leave is not transferable between employees. 8. Employees being laterally transferred, promoted, or demoted shall retain accrued vacation leave.

9. An employee on suspension forfeits all claims to use paid vacation leave during the suspension period. 10. Upon termination of employment, employees who have completed at least one (1) year of continuous service will be paid for all accumulated vacation time. 11. At the beginning of each calendar year, employees may carry over a maximum vacation accrual equal to their current year accrual plus 40 hours (firefighters may carry over their current year accrual plus 60 hours). Approval to carry over additional amounts may be requested in writing to the Human Resources department. Accrued leave over that amount that has not been approved for additional carry over will be forfeited. 12. Employees may sell back vacation time. The total amount to be sold back in the calendar year may not exceed 60 hours for employees working 40 hours per week or 90 hours for employees working 24-hour shifts. The sell back of accrued vacation cannot result in the employeeâ€™s vacation accrual balance being less than 40 hours for a 40 hour per week employee or 60 hours for a 24-hour shift employee.

4.03 Holiday Leave

Updated 10/01/20

All employees will receive the following as paid holidays: New Yearâ€™s Day, MLK Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving Day, Christmas Eve, Christmas Day, and any other days as may be declared by the City Council. Official holidays for City employees shall be observed in accordance with the following rules: 1. Permanent full-time employees shall be entitled to all paid holidays consistent with the restrictions below. 2. Permanent part-time employees who would normally have worked on a day of the week observed as a holiday shall be entitled to holiday pay for the number of hours he/she would have worked on that day if the holiday had not occurred. 3. City employees assigned to a shift schedule are allowed to accrue holiday leave. Shift employees may accrue no more than 80 hours of banked holiday (120 hours for firefighters assigned to 24-hour shift schedules). No shift employee shall be able to accrue more than the maximum hours and will forfeit future holiday accruals until such time as their balance falls below the maximum allowable hours. Holiday leave shall not accrue in a retroactive manner. 4. Banked holiday leave used during a pay period will not count as hours worked for the purposes of overtime compensation for non-exempt employees.

5. Banked holiday leave shall not be eligible for buy back from the City and must be used as discretionary leave in accordance with other forms of discretionary leave scheduling. Supervisors and managers may not allow employees to use banked holiday leave in any manner that will result in a staffing shortage that requires additional personnel to work overtime without the approval of the Department Director. 6. Non-exempt employees not assigned to shift work who are required to work on observed holidays due to emergency call to duty or a City Special Event shall be paid for the time worked at their overtime rate of pay and paid for the holiday at their regular rate during the pay period in which the holiday occurs. 7. If the holiday falls on Saturday, the preceding Friday shall be observed. If a holiday falls on Sunday, the following Monday shall be observed. 8. An employee on leave without pay status on a holiday or on the scheduled work days immediately preceding and following the holiday shall not receive pay for the holiday. 9. Employees desiring to observe religious holidays not coinciding with official holidays may be given time off without pay or may be authorized to use accrued vacation leave on such days. 10. If a holiday occurs during vacation, that day will not be charged against vacation leave. 11. Two (2) personal days are awarded to each employee upon their hire date and on October 1 of each year of employment. These must be used by November 1 of the following year unless special approval is requested in writing to the Human Resources Department. Failure to use personal days will result in forfeiture. Personal days are not eligible for buy-back.

4.04 Authorized Leave Without Pay

Updated 10/01/19

Leave without pay is granted as a matter of administrative discretion. No employee may demand leave without pay as a matter of right, but it may be granted to any employee. Leave without pay for periods longer than five (5) calendar days must be approved by the City Manager.

4.05 Absence Without Leave

Updated 10/01/19

An employee failing to report to work or to remain at work as scheduled without proper notification to his/her immediate supervisor and without authorization or excuse from the same has committed a serious offense and shall not be paid for the time involved. Absence without leave constitutes abandonment of duties and may result in dismissal or suspension.

4.06 Military Leave

Updated 10/01/19

Military leave shall be granted in accordance with applicable state and federal laws. Employees preparing to take authorized military leave shall furnish the Department Director with copies of military orders or other appropriate certification.

4.07 Bereavement Leave

Updated 10/01/19

All employees will be allowed time off with pay not to exceed five (5) days or scheduled shifts to attend the funeral and otherwise attend to affairs of the deceased, upon the death of the employee’s spouse, parent, child, sister or brother, step-parent, stepchild, step-brother, step-sister or the parent of the employee’s spouse. Employees will be allowed time off with pay not to exceed three (3) days or scheduled shifts to attend the funeral of any other family member. Employees who wish to take bereavement leave must notify their supervisor immediately. If additional time off is required, the employee may use accrued vacation, compensatory time, or personal holidays. An employee may be required to provide proof of death/funeral/family relationship in support of bereavement leave. Bereavement leave pay is paid at the employee’s base rate at the time of absence. It does not include overtime or any other form of compensation. Paid time off for bereavement leave is not counted as hours worked for purposes of determining overtime.

4.08 Civic Duty Leave

Updated 10/01/19

Civic Duty leave may be granted to an employee to allow the employee to vote in an official election or when an employee is called for jury duty or court service. Civic Duty leave shall be paid in hourly increments. Usage of increments of less than one hour shall not be permitted. Civic duty leave to vote in an election must be approved by the employee’s supervisor or department head. Employees excused or released from duty or court service shall report back to work when as much as four (4) hours of working time remains if the employee’s normal work period is an eight (8) hour shift and when as much as twelve (12) hours or more are remaining if the individual is assigned to a twenty-four (24) hour shift. Employees may retain their remuneration for jury duty in addition to the paid Civic Duty leave. Proof of jury duty or court service shall be required and filed in the employee’s personnel files before pay is granted.

4.09 Educational Leave

Updated 10/01/19

Upon recommendation of the department director, the City Manager may grant leave with or without pay, together with the necessary travel and expense allowance, in order to permit employees to attend conferences, schools, or seminars. All conferences,

schools, or seminars must be designed to improve the efficiency of the employee, foster professional development, or be a job requirement. However, requests for all such leave in excess of one (1) day must first be submitted in writing to the City Manager no less than three (3) weeks prior to the proposed date of such leave and approved by the City Manager. Failure to obtain the proper approval may result in the denial of the request to attend the conference, school or seminar.

Chapter 5: COMPENSATION 5.01 Timekeeping

Updated 10/01/19

Accurately reporting time worked is the responsibility of every non-exempt employee. The City must keep an accurate record of time worked in order to calculate employee pay and benefits. A. Time Worked Time worked includes all time that an employee is required to be physically at work for the City. Time worked is used to determine regular and any overtime pay for nonexempt employees. The City does include the following provisions as time worked: 1. Work away from City facilities or work from home: An employee shall not be permitted to perform work away from City facilities or work from home, unless approved in advance in writing by the City Manager. If approved, work performed away from City facilities or work from home by an employee must be counted as time worked. 2. Break Time: Rest periods of fifteen (15) minutes or less are counted as time worked. B. Time Not Worked According to the Fair Labor Standards Act (FLSA), the City does not count the following provisions as time worked: 1. Paid Leave: Approved paid absences, including but not limited to sick leave, vacation leave, personal, FMLA, military leave, jury duty, non-job related duty as a witness, bereavement leave, and voting time off are not counted as time worked. 2. Lunch or Dinner Periods: Uninterrupted time off for lunch or dinner is not counted as time worked. C. Timekeeping Non-exempt employees must accurately record the time they begin and end their work, as well as the beginning and ending time of each meal period. They must also record the beginning and ending time of any split shift or departure from work for personal reasons. It is the employeeâ€™s responsibility to confirm their time records to verify the accuracy of all time recorded. The supervisor for the department will review and approve the time before submitting it for payroll processing. In the event of an error in reporting time, immediately report the problem to the department supervisor.

Altering, falsifying, tampering with time records, or recording time on another employee’s time record may result in disciplinary action, up to and including termination of employment.

5.02 Pay Periods

Updated 10/01/19

Employees of the City of Forney are paid biweekly, every other Friday. Each paycheck will include earnings for work performed through the end of the previous payroll period. In the event the regularly scheduled payday falls on a holiday, employees will receive their paystub/paycheck the day before. For most employees, the pay period is made up of two, 40-hour work weeks or work cycles. Fire Department personnel may have alternate work cycles that make up the pay period. The alternate work cycles must be in accordance with law and approved by the department director and Human Resources.

5.03 Administrative Workweek or Work Period

Updated 10/01/19

Normal working hours for full-time non-public safety employees are Monday through Friday, 8:00 A.M. to 5:00 P.M. with one (1) hour for lunch, for a total of forty (40) hours per workweek. Some departments may work schedules that are different than the City’s standard operating days/hours. Morning and afternoon breaks of fifteen (15) minutes each may be available to each employee if the break does not interfere with City operations, but this time does not accumulate if not taken, and this time cannot be used to alter an employee’s work hours. Breaks are a privilege and are not to be abused. Certified Police, dispatchers and Fire suppression personnel work shifts as assigned by their Department Director.

5.04 Public Safety Work Period and Schedules

Updated 10/01/19

1. Employees of the City’s police department work in shifts. The City has established a fourteen (14) day work period for its patrol officers and dispatchers. Patrol officers and dispatchers will earn overtime compensation for all hours worked above eighty (80) hours in a fourteen (14) day work period. Employees in the City’s fire department work in twenty-four (24) hour shifts. 2. “Hours worked” for purposes of calculating overtime for non-exempt police officers include all hours when an officer is on duty including time spent performing work outside the officer’s normal shift if the work is required by the City; time spent testifying in court or in an administrative proceeding if the time is controlled or required by the City, attendance is intended to benefit the City, or attendance is a direct result of the police officer’s duties; and time spent in training activities required by the City. “Hours worked” does not include travel time to and from the officer’s residence and work, on-call time unless the City places special restrictions on the officer’s time so that he or she cannot effectively use the on-call time for his or her own purposes, time spent working for another employer, time spent substituting for another employee by mutual

agreement, or time spent in volunteer law enforcement activities performed for a different jurisdiction.

5.05 Payroll Deductions

Updated 10/01/19

The City of Forney offers programs and benefits beyond those required by law. Mandatory Deductions The City is required by law to make certain deductions from employee’s compensation. These deductions include withholdings for federal income taxes; Federal Insurance Contributions Act (FICA) tax, which is comprised of Social Security and Medicare, and contributions to the TMRS Retirement Plan. Voluntary Deductions The City allows limited voluntary deduction programs to employees for City sponsored benefits, such as the ICMA 457 Deferred Compensation Plan and 401k Plan, Colonial, AFLAC, or supplemental life insurance. Contact the Human Resources Department for contribution levels and enrollment information. Record of Deductions The check stub serves as a statement of employee’s earnings and deductions. Employees who received income in the previous year will receive a Wage and Tax Statement (W-2) by January 31st. If an employee does not receive a W-2 by the second week of February, contact the Human Resources Department. Changes in Deductions An employee may begin, change, or cancel most optional deductions, or may change the number of dependents for tax purposes by contacting the Human Resources Department for the appropriate form.

5.06 Overtime

Updated 3/09/20

Overtime compensation is paid to all non-exempt employees in accordance with federal and state wage and hour requirements. Exempt employees are not paid overtime compensation. Eligibility for Overtime Generally, except for Fire and Police Department shift employees, overtime pay for nonexempt employees is at the rate of 1-1/2 times the employee’s regular hourly rate of pay for hours actually worked in excess of 40 in the City’s workweek. Certified Police, dispatchers and Fire suppression personnel have a different workweek schedule than the regular forty (40) hour work cycle. Certified Police, dispatchers and Fire Suppression personnel are paid overtime based on the work cycle as set forth in Section 5.04 of this Manual.

Non-exempt employees who work a City Special Event or Special Event authorized by the City other than during their regularly scheduled shift will be compensated at their overtime rate of pay for a minimum of two hours regardless of any leave that may have been used during that pay period. Compensatory Time The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime, record keeping, and child labor standards. The FLSA, amended in 1985, provides the option for compensatory time in lieu of compensation for non-exempt employees. Executive, administrative, and professional employees are exempt from the FLSA’s overtime requirement. In compliance with the requirements of the FLSA, the following policy concerning payment for overtime hours or compensatory hours worked by non-exempt employees shall be followed: 1. Overtime is defined as those hours worked by “non-exempt” employees during an FLSA defined work period which exceed the number of hours specified for such work period. 2. Overtime worked by non-exempt employees must be compensated at one and one-half times based on the employees’ regular rate of pay; or by compensatory time equivalent to one and one-half hours for each hour of overtime worked. 3. The Human Resources Department may impose a limit on the maximum number of hours that can be accrued for compensatory time. 4. A non-exempt employee who has accrued the maximum number of compensatory hours shall thereafter be paid in money for any overtime hours worked until such time that the employees compensatory time has been reduced below the maximum number of compensatory hours permitted. 5. Overtime compensation will not be paid or accrued until the allowable number of hours has been surpassed for a given work week regardless of the daily schedule of an eligible employee. 6. An employee who has accrued compensatory time may request the use of compensatory time off at any time consistent with the needs of the department. The department shall allow for the use of compensatory time within a reasonable period after the request is made unless the employee’s absence from work would unduly disrupt departmental operations. 7. Consistent with the FLSA, sick leave, vacation, compensatory time, anniversary days, personal holidays, jury duty, and injury leave will not count towards the allowable number of hours worked in a work week or work period. City holidays will count towards the allowable number of hours worked in a work week or work period if the holiday is observed on the actual date of occurrence. 8. When a non-exempt employee terminates employment with the City, the employee will be fully compensated for all unused compensatory time accumulated. 9. If a non-exempt employee is promoted to an exempt employment status, the employee shall continue to be allowed to use the compensatory time accumulated prior to the promotion until it is exhausted.

Exempt Employees Exempt employees are those who are not covered by the overtime requirements of the FLSA. Exempt employees are paid a base rate of pay, regardless of the number of hours worked. Accordingly, exempt employees are not entitled to overtime compensation for work performed beyond 40 hours in a workweek. Exempt employees are expected to put in the hours necessary to complete their assignments with an acceptable level of quality in a timely manner.

5.07 Longevity Pay

Updated 10/01/19

Longevity will be paid on an annual basis at a rate of $5 per month per year of service.

5.08 Anniversary Award Days

Updated 10/01/19

Additional compensation is provided to employees in the form of anniversary days or the ability to receive pay for those days after completion of the employee’s 5, 10, 15, and 20-year anniversary dates. These days do not carry over beyond the next benefit year. The compensation schedule is as follows: 5 years – 1 day 10 years – 2 days 15 years – 3 days 20 years – 4 days 4 days at each five (5) year anniversary thereafter. Maximum amount of bonus days given per anniversary date is four (4). Anniversary days are to be an eight (8) hour day whether taken as time off or taken for pay.

Chapter 6: WORK ENVIRONMENT 6.01 Employee Safety

Updated 10/01/19

The City has established an Employee Safety Manual which is available in each department. Human Resources is responsible for implementing, administering, monitoring, and evaluating the safety program. However, its success depends on the alertness and personal commitment of all employees. Report of Accident The City will take all practical steps to eliminate or reduce an employeeâ€™s exposure to accidental injury or to conditions that would be injurious to his or her health. In the case of accidents resulting in injury, employees must immediately complete a First Report of Injury form, which can be obtained from your supervisor or the Human Resources department and submit the form to their immediate supervisor. The supervisor must then submit the form to Human Resources. Safety Training Employees and supervisors receive periodic workplace safety training through Cityinitiated risk/safety procedures. The training covers potential safety and health hazards and safe work practices and procedures to eliminate or minimize hazards. A safety committee is to be established by the City Manager to assist in these activities and to facilitate effective communication between employees and management about workplace safety and health issues. The City Manager or his designee shall review the safety training program on an annual basis. Reporting Unsafe Acts Employees shall cooperate with the City by observing reasonable safety regulations and working in a safe manner. Each employee is expected to obey safety rules and to exercise caution in all work activities. Employees must immediately report any unsafe condition to the appropriate supervisor. Employees who violate safety standards, cause hazardous or dangerous situations, fail to report, or, where appropriate, correct such situations, may be subject to disciplinary action, up to and including termination of employment. Safety Suggestions Some of the best safety improvement ideas come from employees. Those with ideas, concerns, or suggestions for improved safety in the workplace are encouraged to raise them with their supervisor, another supervisor or manager, or bring them to the attention of the Human Resources department. Reports and concerns about workplace safety issues may be made anonymously, if the employee wishes. All reports can be made without fear of reprisal. For additional information, please refer to the City of Forney Employee Safety Manual (located in each department) or contact the Human Resources department.

6.02 Management of Information Systems

Updated 10/01/19

This policy governs the use of the technology resources owned and operated by the City of Forney by employees, volunteers, vendors, contractors and all other authorized users. Technology includes, but is not limited to, desktops, laptops, mobile devices, networking equipment, networked devices, servers, software, electronic mail, phones, cellular phones, control systems, Internet, Intranet, and all other electronic systems or devices under the control and authority of the City. A. Definitions For purposes of this policy, the following definitions shall apply: 1. Improper Material – Pictures, posters, calendars, graffiti, objects, promotional materials, reading materials, or other materials that are racist, sexually suggestive, sexually/racially demeaning, pornographic, offensive, intimidating, harassing, disparaging, and/or hostile on the basis of age, disability, gender, national origin, race, color, religion, or any other legally protected characteristic. 2. Director of Operations – The Director of Operations of the City of Forney or his/her designee. 3. Department Head/Department Director – The head of an administrative department of the City of Forney or his/her designee. 4. Employee – For purposes of this policy, an employee is defined as an individual employed by the City on a full-time, part-time, seasonal, temporary or internship basis. 5. Mobile Device – Means a device intended to be portable, carried on one’s person, or readily moved from location to location, such as smartphones, cell phones, radios, pagers, laptops, tablets, and others. 6. Authorized User – An authorized user is a current employee, contractor, vendor, or other party who has been granted lawful access by the Director of Operations to the City of Forney network, applications, or services. B. Procedures 1. Authorized Use The City electronic communications and technology resources are provided for the purpose of conducting City business. Personal usage is permitted, as long as the personal use is reasonable and prudent. Responsibility and accountability for the appropriate use of City electronic communication and technology resources ultimately rest with the individual employee.

Improper use of the City’s electronic communications and technology resources may result in disciplinary action, up to and including termination. 2. Privacy No user accessing or using computers or telecommunications resources owned and/or operated by the City of Forney can have any expectation of privacy. The City of Forney reserves the right to monitor, intercept, archive, view, or distribute any communications and/or content transmitted over resource which it owns, leases, or operates subject to all applicable laws. a. IT Staff may be required to access any and all material located on those resources. b. Department Heads may request Technology to monitor employee use of the Internet and email and may revoke an employee’s access to the Internet and/or email by notifying the Director of Operations. c. Authorized users must be aware that any digital record residing on a cityowned device may be subject to lawful open records requests. In addition, any data regarding City business stored on a personal device or file sharing service is also subject to lawful open records requests. Employees who create or receive information related to City business on a personal device shall cooperate with IT staff and/or the City Secretary’s Office to provide access to such devices for the recovery of such City related information in accordance with state law and the Public Information Act. 3. Resource Access Requirements Work Product a. No employee shall use the Internet or email to present his or her own personal views, ideas, questions, or actions, as representing the positions or policies of the City unless doing so in an official capacity and authorized by the City Manager or his/her designee. b. Unless otherwise specified by contract, any work produced by a vendor, contractor, or third party acting as an agent, consultant, or contractor to the City, is the property of the City, and employees shall take steps to ensure that such property is properly stored on City resources to prevent loss. c. No employee shall use any City-owned equipment or resources in violation of any applicable law. Identity a. Each person authorized to access the City of Forney’s computer and network resources must do so using a unique user name (login name) assigned by the

IT Department. The use of group accounts will be limited to only those circumstances approved by the Director of Operations. Employees shall not share their account information or permit other employees to log in using their credentials excepting properly identified members of the IT Department. Electronic communications authored by the employee must clearly originate from the userâ€™s unique account. New Employees a. It is the responsibility of each Department Head to notify the HR Department at least three working days prior to the start date of any new employee or authorized user who needs access to the Cityâ€™s electronic resources, so that appropriate access can be provided on a timely basis. b. It is the responsibility of each Department Head to immediately notify the HR Department in the event of the termination, resignation, or retirement of any employee within their department who previously had access to City computers and/or network resources, so that such employee user accounts may be removed. Remote Access to Resources â€“ The City maintains various systems to permit users to access internal systems from non-secured locations, like the Internet. These services are intended to augment the productivity of employees. a. Employees must take extra precautions when accessing City resources from non-city devices. The use of a virus scanner is required. b. It is the responsibility of the employee using the remote access facility to ensure that unauthorized persons cannot utilize their account to gain access to City resources. Employees are not to provide their passwords to anyone, including family members. c. Users must understand that attaching their personal device or computer to City resources may impose a possibility of open records access responsibility. This means you may be required to provide records from your personal device or submit your personal device to a search for either an open records or legal request if it accesses City systems. d. Unless specifically authorized by their department head, non-exempt employees may not use electronic devices to conduct City business outside their normal working hours.

Data Storage a. Employees should not store information exclusively on the local drive of a PC or laptop or tablet. By storing the file outside of network or cloud storage

provided by the City, the data is neither searchable nor backed up. Employees are instead required to utilize network drives, City provided cloud storage or City-owned content management systems for the purposes of data storage. 4. Internet – It is the policy of the City of Forney to offer connectivity to the Internet for employees requiring its use as a part of their normally assigned duties. The purpose of this policy is not to discourage the use of the Internet, but to provide a uniform approach to the usage of this resource, to safeguard City interests in the use of the Internet, to meet all applicable laws, and to protect the assets attached to City networks from unauthorized access. The City of Forney reserves the right to monitor all Internet usage on City-owned and City-connected devices including reviewing all sites that are viewed by the employee’s browser and the amount of time spent at each site. a. Appropriate Use of Internet Resources – All City-owned Internet resources are to be used only in pursuit of appropriate City business interests. b. Bringing improper material into the work environment or workplace, or possessing any improper material at work to read, display, or view at work, or otherwise publicizing it in the work environment is prohibited. c. No employee shall connect to any web site that contains improper material (Exception: sanctioned Police Department approved by the Police Chief and Director of Operations performing assigned investigative work). The City reserves the right to block employee’s access to such web sites. d. No employee shall operate or advertise any non-City business on the Internet using City equipment at any time. e. Personal email messages or other non-City related usage of the Internet resources should be held to a minimum, as with telephone calls. Personal Internet usage or usage of electronic devices should not impede the conduct of City business; only incidental amounts of employee time comparable to reasonable coffee breaks during the day should be used to attend to personal matters. Questions regarding the extent of this policy should be discussed with departmental supervisors. Personal use of Internet resources is a privilege, not a right. As such, the privilege may be revoked at any time and for any reason. Abuse of the privilege may result in appropriate disciplinary action. f.

All employees shall use their City-assigned email address during the performance of their assigned job duties. No private or “ghost” accounts shall be used, except by network administrators as part of their function (e.g. account names like “Webmaster,” “Postmaster,” “root,” etc.) and special investigations. All requests for exceptions to this policy must be approved by the Director of Operations.

g. Email received from citizens should be handled with the same seriousness as any other form of citizen contact. Employees should always maintain

professional decorum in their responses, seek approval from supervisors where appropriate, and reply to messages promptly. h. Unless specifically approved by the Director of Operations, all Internet email transmissions shall be routed through the official City gateway service. No department or employees shall operate within City networks any email servers, mail forwarding services, or other email transmission or reception services for use by any person or automated system. i.

Internet traffic will be filtered to prevent access to inappropriate sites and those deemed detrimental to network services.

5. Personal Device Usage a. The City of Forney reserves the right to disconnect or prevent connection to City network resources of any device, by any user, at any time, or for any reason, without any notice whatsoever. b. The employee attaching their personal device to a City network resource assumes full liability for any risks, including, but not limited to, partial or complete data loss, errors, bugs, hardware loss or damage, viruses, malware, or any other issue which may damage the device, in any way whatsoever. The employee assumes all risk by connecting to the resource. c. The Director of Operations, or designee, shall be solely responsible for determining which devices may be connected to City resources. Employees should contact the IT Help Desk to determine whether their device is eligible, and to obtain proper user credentials for their device. d. Support â€“ The IT Department will provide support for network connectivity issues. However, hardware and software support for personal devices will not be provided. e. Reimbursement â€“ Connection to City-owned network resources is provided to employees as a convenience only. The City will not reimburse any expense, partial or otherwise, for any usage of a personal device, including cell phones, regardless of purpose. f.

Personal Device Security (1) Employees that have been issued a City owned cell phone for their use shall not forward calls to any personally owned device. (2) Users of personal devices must follow all City policies with respect to acceptable use while attached to City network resources. (3) Employees must be aware, that the conduct of City business, or use of City data on any personally owned device, may expose that device and the

employee to legal obligations with respect to municipal open records requirements. (4) The employee is responsible for backing up all data on their device. 6. Communications Network a. No employee or other person shall install or move any network device onto the City communications network under any circumstances whatsoever. Only members of the IT Department are permitted access to such equipment. b. No employee, contractor, or third party may install any device or software intended to monitor, capture, or eavesdrop upon, any portion of data traversing the City Network, excepting members of IT. c. Employees shall not attach any form of personal network equipment including, but not limited to, switches, routers, or modems to any City network. d. No employee will permit any third party to connect any device to any Ethernet jack or wireless service without the express permission of the Director of Operations or designee, unless service is specifically provided for such purpose. e. No employee shall install or operate any equipment or service which has the effect of redirecting or proxying any network traffic to or from any other network or disguising the source of any network transmission. f.

No employee shall permit any contractor, or third-party access to any City owned network system or device without approval of the Director of Operations or designee.

7. Software and Hardware a. The City is committed to preventing copyright infringement. It is the policy of the City of Forney to respect all computer software copyrights and to adhere to the terms of all software licenses to which the City is a party. The City is subject to all copyright laws pertaining to the use of copyrighted software and documentation. Unless expressly authorized by the software licensor/developer, the City of Forney has no right to make copies of the software except for backup or archival purposes. b. All software used on a City computer must be licensed to the City for that computer. c. Employees may not install any software not provided to them by the IT Department without specific authorization by the Director of Operations or designee.

d. City employees shall not duplicate, copy, or reproduce any software purchased by and/or licensed to the City, or any related documentation without prior written approval from the Director of Operations. City employees shall not give City-purchased or licensed software to any non-employees, including, but not limited to clients, contractors, customers, and others without prior written approval from the Director of Operations. e. Software developed by employees on City time, or on City-owned equipment, or for City projects, shall be the property of the City. Such software is for the exclusive use of the City, its officers, agents, and employees. Such software may not be sold, transferred, or given to any persons without the prior written approval of the City Manager or designee. f.

Software must be registered in the name of the City and the IT Department. Software shall not be registered in an individual employee userâ€™s name.

g. All software and hardware must be purchased through the Technology Department and administrative level access provided to the Director of Operations or designee. 8. Mobile Devices, Cellular Telephones Certain employees may, depending on job functions, be assigned a City owned mobile device. a. The City Manager or Director are responsible for the following: (1) Approving requests for cellular phones, electronic paging devices, and other wireless communications devices from their respective subordinates; (2) Ensuring that requests are in conformance with the procedures outlined herein, or that exceptions are justified; (3) Ensuring that all persons assigned a City-owned cellular telephone, electronic paging device, and/or other wireless communications device, are provided access to a copy of this policy and that the employee is in compliance with it; (4) Conducting periodic inventories of cellular telephones, electronic paging devices, and other wireless communications devices within their respective departments to ensure accountability; (5) Conducting annual reviews of assigned devices to determine if such assignments continue to be justified; and (6) Informing appropriate employees responsible for City communications of all reassignments of cellular telephones, electronic paging devices, and/or other wireless communications devices.

b. Employees who are assigned the use of City owned cellular telephones, electronic paging devices, and/or other wireless communications devices are responsible for the following: (1) Ensuring the physical security of such devices, including the active use of passcodes, passwords, and prevention of misuse by others; and (2) Ensuring that any personal use does not detract from the employeeâ€™s availability for completion of assigned duties. (3) Notifying the Director within 24 hours of any lost or stolen City owned mobile device. The Director should then immediately notify the Technology Department. c. It is the responsibility of every employee to operate all City telecommunications, computer, or other electronic equipment in such a way as to minimize the risk of unauthorized access to, or loss of, any City resource by any other party, to ensure that City resources are not misused by any other person, and to act so as to protect the integrity of the data and resources of the City. 9. Security â€“ It is the responsibility of every employee to operate all City telecommunications, computer, or other electronic equipment in such a way as to minimize the risk of unauthorized access to, or loss of, any City resource by any other party, to ensure that City resources are not misused by any other person, and to act so as to protect the integrity of the data and resources of the City. a. Password Policy â€“ Each employee (who uses computers) must have a unique password. Passwords must not be written down where they can be found by unauthorized personnel or be shared with other individuals. It is the responsibility of the employee to maintain the secrecy of their passwords. b. All employees shall immediately report any unauthorized access or unauthorized access attempt, viral infection, spyware infection, or other unauthorized or illegal resource use to the Director of Operations or his designee. c. Employees shall not download or install any software of any kind whatever from the Internet or any storage device or media to any City-owned computer without the prior consent of the Director of Operations. d. Employees who use a computer in the execution of their assigned job duties will be required to participate in assigned annual security training. Failure to attend training or maintain the standards required by the training may result in Information System account suspensions and/or disciplinary action.

6.03 Break Periods

Updated 10/01/19

It is the policy of the City to allow two (2) fifteen (15) minute breaks at the discretion of the department head and the City Manager. One (1) break is to be taken in the morning and the other in the afternoon. Breaks shall be taken at convenient times without leaving an employee’s duties or telephone unattended. Breaks are not to be considered an employee’s right, but a privilege. At no time will breaks accumulate for later use.

6.04 Tobacco Use

Updated 10/01/19

In keeping with the City’s intent to provide a safe and healthy work environment, smoking and the use of smokeless tobacco products including the use of any form of vaporizer (e.g. chewing tobacco, snuff, vape pens, e-cigarettes, etc.) are prohibited on Government property including the parking areas, in City-owned or municipal buildings or in City-owned, rented, or leased vehicles or equipment. Effective October 1, 2019, the City of Forney will only hire employees that do not use tobacco products or smokeless tobacco products. Employees hired prior to October 1, 2019, may continue to use tobacco products only when they are off-duty or during a break or meal period in their private vehicles unless they are away from a job site or off City property. The use of non-tobacco products that simulate smoking, chewing tobacco or dipping snuff is prohibited within the workplace. Willful or repeated violations of this policy will result in appropriate disciplinary actions.

6.05 Take Home Vehicles

Updated 10/01/19

A City vehicle may be assigned to a position or employee when it is more economical than payment of a car allowance or mileage reimbursement. 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 normal work station. No personal use of a take-home vehicle is permitted except to commute to and from home or work without prior written authorization from the City Manager. No alcoholic beverages are allowed in City vehicles. No passengers may be transported in take-home vehicles except as required by official duties or approved in advance by the City Manager. The City's vehicles are classified as either "exempt" or “non-exempt" as prescribed by law. Employees to whom a "non-exempt" vehicle is assigned for take-home may incur a federal income tax liability for the fringe benefit of commuting to and from work. The determination of this taxable benefit is based on rules set forth by the IRS. This benefit is not a monetary benefit to the employee. However, it does increase the employee’s taxes based on the value of the benefit. Police and fire vehicles used by employees on call 24hours are normally exempt from the fringe benefit tax liability.

An employee may be given a monthly allowance for consistently using his/her own vehicle for City business if the use is deemed necessary by the City Manager.

6.06 Notification of Closures/Delays

Updated 10/01/19

Notification of City Closures/Delays In the event the City Manager or designee determines that City offices must be closed due to inclement weather or other disaster, the City Manager, or designee will notify all Department Directors. Department Directors will in turn notify their respective staff. Non-Emergency Personnel When conditions are such that the City Manager, or designee, declares City offices officially closed, all regularly scheduled full and part time non-emergency personnel scheduled to work will be excused for the day without penalty or loss of pay. The Closure Day will not count as time worked for the purpose of determining overtime. Emergency Service Personnel Certain emergency service personnel will be required to work even when City offices are declared closed. Emergency personnel are non-exempt personnel who are needed in order to provide basic services during City observed holidays, inclement weather, or other declared disasters. The responsibility for designating those emergency service personnel rests with the Department Director and will include certain utility, street, animal shelter, parks and recreation employees. Public Safety Personnel Due to the nature of positions with the Police and Fire Department, employees who support 24/7 operations within both departments are expected to report to work as scheduled, regardless of inclement weather or other disaster. If extenuating circumstances are present, employees must contact their supervisor prior to the start of their shift to discuss further. The employeeâ€™s supervisor will be responsible for determining the appropriate action. Inclement Weather Conditions without Official Notification If City offices are not officially declared to be closed due to inclement weather or other disaster, all employees are expected to make every effort to arrive at work, regardless of weather conditions. However, if an employee feels that driving conditions would constitute a danger to their life and/or property, they may elect to come in later than normal. If conditions do not improve, they may elect to use a day of their vacation. If vacation time is not available, another accrual may be used, or the employee may request the day off without pay. Employees must contact their supervisor before the workday begins in any of the above situations.

6.07 Travel Policy

Updated 10/01/19

The City of Forney will pay reasonable expenses, which are incurred in the course of authorized City travel. The City has two objectives when paying travel-related expenses: Provide employees sufficient funds to execute business on behalf of the City of Forney, and safeguard City funds by paying only reasonable and necessary expenses. POLICY It is the policy of the City of Forney to provide procedures for controlling travel expenses with the purpose of reducing expenses, to minimize personal interpretation of travel guidelines, and ensure that travel is properly approved and documented. The purpose of required documentation is to provide sufficient evidence to anyone, who reviews the travel expenses that public funds were expended in compliance with this policy. RESPONSIBILITY Department Directors are ultimately responsible for ensuring that travel expenditures comply with procedures as outlined and for the review and approval of all documents necessary for travel. Directors have the discretion to implement more restrictive procedures and/or guidelines for their individual departments. It is the responsibility of each employee: 1. To understand and comply with the procedures and guidelines described in this policy, to adhere to appropriate ethical standards and to exercise reasonable business judgment in conducting City business. You must apply the same care in incurring expenses that a prudent person would exercise if traveling on personal business. 2. To be responsible for all expenses in excess of the reimbursement limits established. The City of Forney will not pay for excess costs resulting from delays, luxury accommodations, or services unnecessary in the performance of official city business. 3. To have specific authorization or prior approval to incur expenses chargeable to the City of Forney. 4. All city-related business travel expenses should be either charged to a City-issued credit card, to the employeeâ€™s personal credit card, or by the employee spending his or her cash.

AUTHORIZED TRAVEL Travel shall be in the best interest of the City. Examples of authorized travel include, but are not limited to: 1. Training for improvement of job knowledge and skills;

2. Attendance at meetings and conferences; 3. Being elected an officer of a professional organization; 4. Reviewing projects, good-will programs with other cities or agencies; 5. Obtaining or renewing certifications required of the employee’s job or profession; and 6. Any other travel as authorized. COMPENSATION FOR TRAVEL Travel time is compensable when it occurs during the nonexempt employee’s normal work hours. If the travel occurs during the normal working hours of a non-exempt employee, even on nonworking days (i.e. Saturday and Sunday for an employee who works Monday to Friday), the time is compensable. However, if the non-exempt employee is required to drive or perform work, then the time is compensable. Home-towork travel is not compensable time. See FLSA and the City’s Personnel Policies for further Travel Pay clarification. TRAVEL ADVANCES The City Manager may grant a travel advance when an overnight stay is required. The request will be an estimated amount of meal per diem and hotel expenses. Advance requests are to be prepared and submitted to the Finance Department one week prior to travel to allow for processing. All advances must be accounted for with appropriate receipts for documentation. TRANSPORTATION The choice of transportation considering the most cost effective and other relevant factors is left to the discretion of the department Director and may include the following: City Vehicles: When a City vehicle is the appropriate choice of transportation, a fuel card shall be furnished. Any fuel purchased by the employee shall be reimbursed from the actual fuel receipts. Personal Vehicles: An authorized person traveling by personal vehicle shall be reimbursed at the rate per mile equal to the current mileage rate as authorized by the IRS based on the shortest route between the points which shall be determined as follows: 1. Mileage within and outside of the State of Texas will be computed from the latest official IRS Guide. Please see the Finance Department for this information. 2. When two (2) or more persons travel in a single personal vehicle, only one (1) shall receive a transportation reimbursement. This provision shall not preclude each traveler from receiving compensation for other allowable expenses. When two (2) or more persons are required to make the same trip, every effort shall be made to utilize one (1) vehicle unless the lowest cost of transportation is air travel. 3. Reimbursement for mileage will not be made for an amount in excess of the cost of the lowest refundable round-trip airfare, without prior approval by the City Manager.

4. Travel within the City must be documented in order to be considered for reimbursement. 5. Use of personal vehicles for City business shall only be done when the employeeâ€™s vehicle is properly registered and insured. 6. City employees receiving a car allowance are eligible for mileage reimbursement subject to the following conditions: a. Reimbursable travel is outside a fifty (50) mile radius of the City of Forney. b. The employee shall be given the option of using a City-owned vehicle or the employee may use their own personal vehicle and receive reimbursement based on the latest IRS Guideline for Standard Mileage Rates. 7. If a City vehicle is available, but for personal convenience a personal vehicle is used, no reimbursement of mileage is allowed without prior approval from the City Manager. Airlines: The cost of public transportation is allowed at the lowest refundable rate plus applicable taxes. Airline ticket copies must be submitted as itemized receipts for this expense. In the event the employee is entitled to compensation for denied boarding, the amount received shall be returned to the City of Forney. When flight cancellation by the airline necessitates an overnight stay, employees should attempt to obtain accommodations from the airline or reimbursement thereof. Additional expenses incurred by the employee for hotel and meals, as well as additional expenses of a personal nature, incurred when an employee is forced to stay an additional night are reimbursable. Air travel insurance is not reimbursable. MEALS All meal reimbursements for travel will be done on a per diem basis. Breakfast $12.00, Lunch $18.00, and Dinner $30.00. Employees will no longer need to turn in receipts unless using a City issued credit card. Employees may request an advance of per diem. Advance requests must be submitted to the Finance Department one week prior to travel to allow for processing. LODGING The City will pay actual expenses for hotels, motels, or other lodging. Employees must use the reduced government rate or conference rate when available and utilize any discounts offered to the City, i.e., LaQuinta. Most hotels will not accept claims to a government rate after check-in. The City is not exempt from hotel taxes. The City will pay no more than the cost of a single occupancy room. If an employee shares a room with someone else that is not traveling on City business and the room cost is higher than the single room rate, then the bill must be adjusted for the difference in cost. Meals ordered through room service or consumed in the hotel restaurant will be covered by the per diem for meals and not the lodging expenses.

TIPS Guidelines for tipping should be based on the quality of service rendered. The City will reimburse reasonable gratuities. The following are our suggested guidelines: • • • •

Airport porters $1.00 per bag Hotel bellmen $1.00 per bag Taxi drivers 20% Valet parking —up to $2.00

Some hotels and restaurants include a gratuity in the price, in which case an additional tip is not necessary. EXPENSES NOT ALLOWED Expenses not allowed to be charged on City credit cards or reimbursed to employees when traveling for City business include: • • • • • •

Entertainment (i.e. in-room movies, live shows, tours, etc.); Alcoholic beverages; Laundry and valet services, unless approved by the City Manager; Rental car used for personal reasons; First class air fare or luxury hotel rooms; Tips related to services of a personal nature and are not consistent with a business stay.

COMPLIANCE AND DISIPLINARY ACTION All travel related expenses should be reasonable, necessary, and related to City business. Approval should be refused for any expenses that the approving Director does not consider reasonable and necessary or for which the employee cannot provide acceptable proof. Every Director having employees reporting directly, who incur travel and/or living expenses on behalf of the City of Forney, is responsible for instructing them with respect to City policies and instructions regarding expenses. Appropriate disciplinary action may be taken against any employee who: • •

Engages in conduct, while away on City business, that is damaging to the City’s reputation; or In expending funds in connection with City business, makes fraudulent charges to the City’s credit card.

MISCELLANEOUS Employees traveling to the same City should limit travel to one vehicle, unless otherwise authorized by the department Director or City Manager. Vacation or personal trips in conjunction with travel shall require special authorization, and the expenses incurred in connection with the vacation or personal trip are not reimbursable. Personal transportation for such trips will be obtained and utilized if an employee takes an extended side trip. A City vehicle shall not be used for personal trips other than meals and incidental stops. Travel and reimbursement forms should be completed promptly and submitted to the Finance Department in a timely manner.

Any travel expenses not addressed in these policies are subject to prior approval by the City Manager or Finance Director and should be essential to business travel.

6.08 Visitors in the Workplace

Updated 10/01/19

Restricting unauthorized visitors helps maintain safety standards, protect against theft, ensure security of equipment, protect confidential information, safeguard employee welfare, and avoid potential distractions and disturbances. All visitors must enter City buildings at the main entrance(s). Authorized visitors will receive directions to their destination. Employees are responsible for the conduct and safety of their visitors. If an unauthorized individual is observed in restricted employee only areas, employees must immediately notify their supervisor or, if necessary, direct the individual to the public area.

6.09 Workplace Monitoring

Updated 10/01/19

Workplace monitoring may be conducted to ensure quality control, employee safety, security, and customer satisfaction. There can be no expectation of privacy in the use of the Cityâ€™s resources, including but not limited to, telephones, computers, desks, vehicles, or equipment. Monitoring will occur without prior notification and will be conducted at times and locations deemed appropriate by the City. Workplace monitoring will be done in an ethical and respectful manner. Telephone Employees who regularly communicate with citizens and customers may have their telephone calls and conversations monitored and/or recorded. Telephone monitoring is used to identify and correct performance problems through targeted training, if needed. Improved job performance enhances our citizensâ€™ and customers' image of the City as well as their satisfaction with our service. Video Surveillance The City may conduct video surveillance of non-private workplace areas. Video monitoring is used to identify safety concerns, maintain quality control, detect theft and misconduct, and discourage or prevent acts of harassment and workplace violence. Computer Resources The City owns the contents of all files stored on its systems, all information within application files, and all messages transmitted over its systems. The City reserves the right to monitor any and all aspects of its computer system by human and/or automated means without prior notification to employees. Inspections Lockers, vehicles, offices, desks, file cabinets, and other City property used by employees are subject to inspection by a Department Director or designee at any time.

6.10 Workplace Violence Prevention

Updated 10/01/19

The City of Forney is committed to maintaining a safe work environment free of workplace violence, and therefore has a zero-tolerance policy regarding violence. Zero Tolerance If an employee engages in any violence in the workplace, or threatens violence, employment may be terminated immediately. No talk of violence or joking about violence will be tolerated. Violence includes physically harming another, shoving, pushing, harassing, intimidating, coercing, brandishing weapons, and threatening or talking of engaging in those activities at any time, including off-duty periods. It is the intent of this policy to ensure that everyone associated with the City, including employees, customers, and citizens, never feel threatened by an employeeâ€™s actions or conduct. Violent Conduct All employees, including supervisors and temporary employees, shall be treated with courtesy and respect at all times. Employees are expected to refrain from fighting, "horseplay," or other conduct that may be dangerous to others. Firearms, weapons, and other dangerous or hazardous devices or substances are prohibited from the premises of the City. Reporting Violence Threats of (or actual) violence, both direct and indirect, must be reported as soon as possible to the immediate supervisor or any other member of management and the Police Department. This includes threats by employees, as well as threats by customers, vendors, solicitors, or other members of the public. When reporting a threat of violence, the employee must be as specific and detailed as possible. Suspicious individuals or activities must also be reported as soon as possible to a supervisor. An employee must not be placed in peril; if an employee sees or hears commotion or a disturbance, they must not try to intercede or investigate what is happening. The City encourages employees to bring their disputes or differences with other employees to the attention of their supervisors or the Human Resources Department before the situation escalates into potential violence. Investigating Violence The City will promptly and thoroughly investigate all reports of the threat of (or actual) violence and of suspicious individuals or activities. The identity of the individual making a report will be protected as much as is practical. In order to maintain workplace safety and the integrity of its investigation, the City may suspend employees, with or without pay, pending investigation.

6.11 Weapons Policy

Updated 10/01/19

Employees are strictly prohibited from possessing any weapon while on duty. Employees shall not carry or possess a firearm while on duty unless they are required to do so by the City Manager as part of their assigned duties. This policy includes employees who have a license from the State of Texas to carry a concealed handgun. If an employee has a valid Texas license to carry a concealed handgun, he/she may carry a handgun in his/her personal vehicle while parked on City facilities or while using his/her personal vehicle on City business. If the handgun is stored in a personal vehicle, it should be stored out of sight and the vehicle must be locked. Weapons are defined under the Texas Penal Code as firearms, knives, explosives, clubs or any other item that is specially designed, made or adapted for the purpose of inflicting serious bodily injury or death. Employees who are required to use a knife as a tool in the scope of employment may carry a work knife. Employees who carry a weapon while on duty in violation of this policy shall be disciplined. Such discipline may include termination.

6.12 Security Access

Updated 10/01/19

In a public building there is a need to balance the accessibility and use of facilities with the need to provide a safe and secure environment. Convenience must sometimes be compromised in order to maintain security. Each city employee must share in the responsibility to assure security for employees and property. The City maintains a locking system for the protection of its employees, facilities, property, and information. All locks, keys, electronic access cards, and access codes are the sole property of the City of Forney and will be issued to employees based on their need for access. The City reserves the right to change locks, keys, and access codes as needed. All keys and electronic access cards must be returned to the City upon termination of employment. Employees exiting City buildings at the end of the business day shall ensure that all exterior doors are locked, using the key assigned. Security codes shall be changed at the discretion of the City Manager or designee. Visitors and non-employees in city buildings must remain in public access areas unless accompanied into an employee only area by a city employee. City employees shall not reveal security codes to anyone other than another employee. Revealing a security code to a non-employee may result in disciplinary action. No unauthorized person shall make, duplicate, possess, or use keys to city premises without authorization. No person may transfer any City key from an individual entrusted with its possession to an unauthorized person, or be in unauthorized possession of a City key. No person shall replace without permission, damage, tamper with or vandalize any City lock or security device.

All losses and theft of City keys are to be reported to the Operations Department. A fee of $5.00 will be charged to replace any badge, fob, or key. The request to replace lost or stolen keys shall be accompanied by a written explanation describing the facts surrounding the loss, particularly the location of the loss and what doors the keys open. Based on the factors involved, a decision will be made to replace the keys or have the locks re-keyed.

6.13 Social Media Policy

Updated 10/01/19

A. Purpose The purpose of this policy is to outline the protocol and procedures for the use of social media to publicize official city services and events and address the responsibilities of individual employees and city staff with regard to social media and the use of city resources (time/equipment), as well as responsibilities related to public records. B. Definition For purposes of this policy, “social media” shall mean official City of Forney websites and all forms of on-line community activities such as on-line social networks (e.g., Facebook), professional networking websites (e.g., LinkedIn), message boards (e.g., Twitter), video sharing (e.g., YouTube), blogs, Wikis, chat rooms and on-line forums. C. Official City Social Media Sites 1. Official social media sites/pages representing the City of Forney including any of its departments will be the property of the City of Forney. Accounts must be registered through the City Manager’s Office. 2. The Social Media Specialist will be responsible for oversight of the City of Forney’s social media formats to include: a. Authorizing social media formats; b. Maintaining a list of social media domains, account logins and passwords and changing passwords if an employee is no longer designated to update content on a social media site(s); and c. Monitoring site activity and ensuring content is in line with the goals and objectives of the City. 3. Social media formats must meet one or both of the following purposes: a. Provide residents of Forney information about City events, activities and issues.

b. Promote the positive aspects of the City of Forney to those in and outside the community. 4. The city’s website, www.forneytx.gov, will remain the official location for content regarding City business, services and events. Whenever possible, links within social media formats should direct users back to the City’s website for more information, forms, documents or on-line services necessary to conduct business with the City of Forney. 5. City departments desiring to establish a social media site/page must obtain written permission from the City Manager’s Office. Requests to the City Manager’s Office must include: a. Purpose for the site and intended content to be posted/shared including the primary audience to be served; b. Indication of how often the site’s content will be reviewed and updated to ensure material accuracy and appropriateness; c. Identification of individual(s) responsible for managing/overseeing and corresponding with the public (employee’s name and position must be included) as well as indicating what provisions will be made if the responsible party leaves the position or is absent. 6. Only designated department employees approved by the City Manager’s Office will have authority to publish content on official social media sites/pages of the City of Forney. 7. Departments are responsible for responding to public commentary, inquiries or complaints. Responses must be approved by the Department Head. 8. Communication through social media is a public record. Both the posts by City employees and any feedback by others will be part of the public records of the City of Forney and will be subject to the Texas Public Information Act (Chapter 552 of the Texas Government Code). Designated department employees posting content on these sites will be responsible for maintaining copies of content posted to comply with the City’s records retention schedules. 9. Content posted by “friends,” “followers” or “fans” will not constitute a representation, agreement or endorsement on the part of the City of Forney. The City Manager’s Office reserves the right to delete any comment or posting that is deemed inappropriate, malicious, offensive, threatening, profane or insulting. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, disability, national origin or sexual orientation will not be permitted. Users who violate these guidelines may be blocked from posting commentary to City of Forney social media sites/pages. 10. Any comments posted by external parties on City of Forney social media sites are not official public testimony concerning any project or program. An opinion

expressed on a City of Forney page is posted for discussion only and is not a substitute for a formal statement in a public hearing process. 11. If a question arises regarding the use or posting of confidential information (e.g., litigation, investigations, etc.) on a social media site, the matter shall be referred to the City Attorney for review. The information in question shall not be posted, or if already posted, shall be removed until an opinion is rendered by the City Attorney. The City Manager or designee reserves the right to restrict or remove city information from an official City social media site if the City Manager believes that the information does not serve the best interests of the City. 12. Each official City of Forney social media site/page, must include a disclaimer that contains the following information: “The City of Forney maintains this social media site/page to provide information and promote City of Forney programs, services, policies and objectives. It is the City’s goal to keep the most current and accurate information available to the public on this site, however, varying events can occur that could affect the timeliness of the information and the accuracy of the content. Comments posted on this site by “friends,” “fans,” or “followers” will be monitored and any postings or comments that are disrespectful, offensive, dishonest, or do not accurately reflect the views, values or objectives of the City of Forney will be deleted without notice. This site/page may contain links to other Internet sites and resources as a convenience to the viewer. Linked sites/pages are not under the control of, nor maintained by, the City of Forney and the City is not responsible for the content of these sites. In addition, the inclusion of a linked site/page does not constitute an endorsement or promotion by the City of Forney.” 13. Any unsolicited or unauthorized advertising or promotional materials of non-City services or programs, with the exception of organizations partnered with the City, will not be permitted. D. Appropriate Use The lines between public and private, personal and professional can become blurred in on-line social networks. With that in mind, below are guidelines for use by City employees when participating in social media. 1. Use of Social Media at Work a. Social media access and use involving City equipment and resources are subject to Section 6.02 of this manual. b. All City-related communication through social media outlets should remain professional in nature. Incomplete, inaccurate, inappropriate, threatening,

demeaning, harassing or poorly worded postings may be harmful to other employees, damage employee relationships, create hostile working environments, violate City of Forney policies or harm the City’s reputation. Such wording will be removed by the City Manager or his designee at his/her discretion. Employees bear full responsibility for the material they post on social media sites. Inappropriate usage of social media can be grounds for disciplinary action, up to and including termination. c. Public messages relating to City of Forney activities on social media sites and/or any messages that might act as the “voice” or attempt to reflect the views of the City of Forney must be approved by the City Manager or his designee. d. Employees may not ignore copyright laws, cite or reference sources inaccurately. Plagiarism is prohibited. e. All information published on social media sites must comply with City of Forney’s privacy and/or data policies. This includes comments, pictures, video, audio or any other multimedia posted on social networking sites, blogs, and forums. f.

Employees are discouraged from discussing information about the City’s employees, citizens, vendors, issues, business, or legal matters without express consent to do so.

g. The City of Forney reserves the right to monitor employee use of social media sites accessed during work hours on City equipment. Users should have no expectation of privacy or confidentiality when using these resources. 2. Use of Social Media at Home While the City of Forney encourages its employees to enjoy and make good use of their off-duty time, certain activities on the part of the employees may become a concern if they have the effect of impairing the work of any employee; disrupting the smooth and orderly flow of work within the office; or harming the goodwill and reputation of the City among its citizens or in the community at large. In the area of social media, employees may use such media in any way they choose as long as such use does not produce the adverse consequences noted above. For this reason, the City of Forney reminds its employees that the following guidelines apply in their use of social media, both on and off duty: a. Information that is published on such personal on-line sites should never be attributed to the City of Forney and should not appear to be endorsed by or originated from the City of Forney. b. Employees engaging on personal social media platforms should not use their city e-mail account or the City’s name, logos, pictures of the employee in a City uniform, incorporate the City in their identity (e.g., username, “handle,”

screen name or profile picture), nor should they speak as a representative of the City of Forney. c. Any person identified as an employee of the City of Forney on a publicly accessible site is expected to maintain a positive on-line image that is consistent with the Cityâ€™s goals and objectives. d. Employees, who choose to list their work affiliation on professional networking sites, should regard all communication on that network in a professional manner. e. Individuals contributing commentary to a blog or other social media site who identify themselves as a City employee are asked to provide a clear disclaimer that the views expressed are the authorâ€™s alone, and do not represent the views of the City of Forney. f.

Employees should be mindful that connections made with other City employees on personal social networking sites may have an impact on working relationships, whether or not an individual chooses to associate their employment with the City in their personal on-line networking activity.

E. Enforcement The City of Forney reserves the right to remove content that is deemed in violation of this policy or any applicable law. Violations of this policy may result in immediate revocation of any or all electronic communications access and user privileges and may be grounds for disciplinary action up to and including termination. Certain violations could result in civil or criminal liabilities for the user.

6.14 Media Relations Policy

Updated 10/01/19

The City of Forney seeks to inform its citizens and others by engaging in pro-active communications. The news media and the City both play important roles in keeping the communities they serve informed. The City is committed to maintaining an ongoing positive and dynamic working relationship with the media. To standardize the Cityâ€™s communication with the media and assure that information about the City and its policies, practices, programs, and activities are communicated properly and reported accurately to the media, the following policy will apply: Types of Media Communication This policy covers all communication to the news media including: news releases, media advisories, formal statements, interviews, press conferences and briefings, letters to the editor, opinion pieces, technical announcements, and other information or material given to a news media representative, a collective term that includes, but is not limited to reporters, editors, and writers for newspapers, magazines, scientific journals, trade

publications, radio or television stations or networks, online news services, and any other electronic or print media related to news distribution that could serve as an information outlet. Media Relations The City Manager’s Office will coordinate media relations for the City and act as the official news source and principal contact for all communication between the City and media representatives. As appropriate, the City Manager may designate Department Directors to communicate with the media within their areas of responsibility and expertise. Other staff should refer media requests to their Department Director or City Manager’s Office without comment. Media representatives are asked to place their requests through the City Manager’s Office in order to expedite a prompt and coordinated response. The City Manager’s Office must be notified of all potentially sensitive, contentious, or controversial media inquiries with respect to City activities. The City Manager’s Office will promptly identify the appropriate spokesperson and arrange for an interview or statement. Responding to Media Inquiries The City Manager’s Office is the City’s primary media contact. If employees receive an inquiry from the media for an interview, to provide statistics, or write an article on behalf of the City, employees should get the reporter’s name, phone number(s), deadline, and an idea of his/her area of interest. Before responding, the employee should refer the inquiry to the City Manager’s Office. (Certain exceptions apply to the Fire and Police Departments - see below) This enables the City Manager to determine which individual in the City should respond to the inquiry, to make certain that consistent information is being disseminated, to stay abreast of areas of media interest, and to prepare for future inquiries. Public Safety Issues The Police and Fire Departments can generate a high volume of media calls, and should have a designated media spokesperson that follows specific guidelines when releasing information. All information released to the media by the Police and Fire Departments must be provided immediately to the City Manager’s Office. When reasonable, the information should be provided to the City Manager’s Office prior to release. Media calls to other City staff regarding a Police or Fire issue should immediately be referred to the Police or Fire Department. Press releases issued by the department or media inquiries that do not involve major incidents shall follow the procedures outlined in this policy pertaining to routine inquiries and press releases.

City Initiated Information Most proactive media contact is initiated through the City Manager’s Office. This includes issuing press releases, media advisories, and personal contacts with reporters and editors for coverage. Departments seeking publicity for events or activities should submit the information to the City Manager’s Office no less than 24 hours before distribution or as much in advance as possible to ensure the best media coverage of their activities. Departments may not initiate news media contact before notifying the City Manager’s Office. Opinion Pieces and Letters to the Editor It is recognized that all employees have the right to their opinions regarding any issue. However, personal opinions may conflict with the City’s official policy. Therefore, City employees who write letters to the editor or any other type of opinion piece may not use official City stationary, City equipment or transmit it via a city-issued email account. If an employee chooses to identify himself or herself as a City employee in any personal communication to the media or if the association with the City is implied, he or she must include language which states the views set forth in the communication do not represent the views of the City, but rather, are the employee’s personally held opinions: “This (letter, article, editorial, etc.) contains the thoughts and opinions of (employee name) and does not represent the official policy of the City of Forney.” Similar disclaimers must be present when an employee addresses a public meeting, participates in a radio talk show, or is interviewed for a radio or television program, unless the employee is officially representing the City. Employees who are representing the City in any of the above formats must identify themselves as an official spokesperson for the City. Litigation, Personnel, and Election Issues Inquiries regarding election and campaign issues, pending litigation, matters involving a significant exposure to litigation, and certain personnel-related information should be referred to the City Manager’s Office. Crisis or Emergency Issues Timely release of breaking news and information during crises, such as natural disasters or other situations involving public health and safety, often require swift publication and/or dissemination of information in support of public confidence. The Department Director may issue a brief statement or media advisory to the news media in place of a news release. At a minimum, the Department Director must provide the City Manager’s Office with copies of any such release of information concurrent with its release to the new media. It is preferable, however, to notify the City Manager’s office prior to the release as long as that does not adversely impact the health and safety of the public.

6.15 Breastfeeding Policy

Updated 10/01/19

The City of Forney supports employees who are nursing mothers in the practice of expressing breast milk and shall make reasonable accommodations for the needs of employees who express breast milk. The Fair Labor Standards Act (FLSA) requires that nursing and adoptive mothers be provided a reasonable break time in order to express breast milk for her nursing child for up to one (1) year after the child’s birth or adoption (as applicable) each time such an employee has a need to express the milk. The City will provide a private, secure location, other than a restroom, in the employee’s building for this purpose. The space provided will be one that can be made available to the employee as needed, is shielded from view, and free from intrusion from co-workers or the public. The employee and her Supervisor will agree on the times for these breaks. In order to prepare such a designated space, the City requires advance notification (that an employee is requesting this break time) so that space can be designated and prepared within a facility. For the purposes of this policy, a written request directed to Human Resources will suffice. Human Resources will work with Facilities Maintenance and the Department Director to ensure that an adequate space is prepared and maintained for the duration of the period of time expressing is requested. Breaks taken for the purpose of expressing breast milk will run concurrently, not in addition to, other breaks taken throughout the day.

6.16 Personal Identity Information (PII) Security, Notification, and Confidentiality Updated 10/01/19

The City of Forney recognizes the importance of maintaining the confidentiality of Personal Identity Information (PII) and understands that such information is unique and sensitive to each individual. The PII covered by this policy may be obtained from various individuals performing tasks on behalf of the City including: employees, applicants, vendors, independent contractors, and any PII maintained on its database. POLICY: All City departments that encounter PII have the delegated authority for developing and implementing procedural guidance for ensuring that their departmental responsibilities under this policy are communicated and enforced appropriately. DEFINITIONS: Personal Identity Information (PII): Unique personal identification numbers or data, including: •

Social Security Numbers

•

Employer Identification Numbers

•

Driver’s license number

•

Date of birth

•

Corporate or individually held credit or debit transaction card numbers (including PIN or access numbers) maintained in organizational or approved vendor records

Chapter 7: EMPLOYEE CONDUCT The City of Forney expects every employee to consistently maintain satisfactory performance standards. Continuing performance deficiencies, unlike the isolated violations noted in the subsequent Sections of this chapter, should first be addressed by the mutually cooperative efforts of the Supervisor and employee. Those efforts include but are not limited to: 1. An analysis of the problem; 2. A determination of needed changes and assistance; and 3. Implementation of a corrective plan of action and establishment of achievement dates. If performance standards are not met within a reasonable period of time, the employee, depending upon the reasons for failure, may be transferred, demoted or terminated. The specific action taken and the status of the employee determine what, if any, appeal rights are available to the employee. In addition, conduct that is unacceptable may be cause for discipline in the form of progressive discipline. However, because employment with the City of Forney is on an “at will” basis, the City reserves the right to terminate at any time without going through the steps of progressive discipline, as outlined below.

7.01 Performance Standards

Updated 10/01/19

The following types of conduct are unacceptable and may be cause for discipline in the form of a documented oral reprimand, written reprimand, suspension, demotion or termination, depending upon the facts and circumstances of each case. The examples given below are typical, but not all-inclusive: A. Unsatisfactory attendance is exemplified by, but not limited to, the following violations: 1. Unexcused absences or tardiness; 2. Failure to give notice of an absence or tardiness to the Supervisor within one (1) hour prior to starting time or as may be prescribed by departmental policy; 3. Absence or tardiness that causes significant or disruption of services without sufficient justification; or 4. Abuse of leave, such that the employee’s absence from the workplace renders him or her unable to perform the essential functions of the job at a satisfactory level, except as covered by the Family and Medical Leave Act. B. Frequent claiming of sick leave may constitute grounds for the assumption of the Department Director that the physical condition of an employee is below the standard required for the employee to perform the essential functions of the job. C. Abandonment occurs when an employee deliberately and without authorization is absent from the job or refuses a legitimate order to report to work, for three (3)

consecutive work days. Absence for three (3) days without proper notification or without satisfactory reason shall be considered job abandonment and the employee shall be terminated. The employee shall be ineligible for payment of accumulated vacation or sick leave. D. Inability or unwillingness to perform assigned work satisfactorily is exemplified by, but not limited to, the following violations: 1. Failure to follow routine written or verbal instructions; 2. Arguing over assignments or instructions; or 3. An accumulation of other deficiencies indicating the employeeâ€™s continuing failure to adequately perform in a productive, efficient and competent manner. E. Indifference toward work is exemplified by, but not limited to, the following violations: 1. Inattention, inefficiency, loafing, sleeping, carelessness or negligence; 2. Reading unauthorized material, playing games, watching television or movies, accessing unauthorized Internet sites, unauthorized e-mail usage or otherwise engaging in entertainment while on the job and/or in view of the public; 3. Excessive failure to remain at oneâ€™s work station without notifying his Supervisor, leaving work without permission or taking excessive time or more time than allowed for eating or break periods; 4. Performance of personal business; 5. Interference with the work of others; or 6. Discourteous or irresponsible treatment of the public or other employees. F. Sabotage is exemplified by, but not limited to, the following violations: 1. Deliberate damage to or destruction of City equipment or property; 2. Defacing of City property; 3. Unauthorized alteration, removal, destruction or disclosure of City records; 4. Advocacy of or participation in unlawful trespass or seizure of City property; 5. Encouraging or engaging in slowdowns, sit-ins, strikes or other concerted actions or efforts to limit or restrict employees from working; 6. Encouraging City employees to disobey provisions of these rules and regulations, the City Charter, City ordinances or other laws; 7. Interference with the public use of or access to City services, properties or buildings; or 8. Threats to commit any act of sabotage as defined in this subparagraph. G. Safety violations are exemplified by, but not limited to, the following violations:

1. Failure to follow City or departmental safety rules and regulations; 2. Failure to use required safety apparel; 3. Removal or circumvention of a safety device; 4. Lifting in a manner that may cause injury; 5. Operations of a vehicle or other equipment in an unsafe, negligent or careless manner; 6. Smoking on City property; 7. Endangering of oneâ€™s own safety or that of others by careless or irresponsible actions or negligence; 8. Failure to report an on-the-job injury, vehicle accident or unsafe working condition; 9. Failure of a Supervisor to remove from the workplace or to assist to a safe location an employee whose mental capabilities are impaired due to injury, illness, alcohol or drug use, or emotional distress; or 10. Failure to maintain a driving record acceptable to the City, if driving is required by the position description. H. Dishonesty is exemplified by, but not limited to, the following violations: 1. Acceptance of money or anything of value from a person subject to the regulatory decision or supervision of the employees; 2. Cheating, forging or willful falsification of official City reports or records; 3. False reporting of the reason for paid leave of absence; 4. Any other falsifying action detrimental to the City, City employees or others; or 5. False swearing or false testimony. I.

Theft, regardless of items value, is exemplified by, but not limited to, the following violations: 1. Unauthorized taking of City property, City supplies or the property of others; 2. Unauthorized use of City or employee funds; 3. Using or authorizing the use of City equipment, supplies or employee services for other than official City business, including the unauthorized use of long distance or pay telephone services (including â€œ900â€? toll calls); or 4. Using or authorizing the use of City equipment or employee services without proper authority.

J. Insubordination is exemplified by, but not limited to, the following violations: 1. Willful failure or refusal to follow the specific orders or instructions of a Supervisor or higher authority; or

2. Pursuit of a denied request to a higher authority without revealing the lower level disposition; provided that: a. If the employee believes an instruction or order is improper, he or she should request an interpretation of the next higher level of authority; or b. If the employee believes the instruction or order, if followed, would result in physical injury to the employee or others, or damage to City equipment, the employee should request approval by the next higher level of supervision before performing the work, unless the danger complained about is inherent to the job. K. Abuse of drugs or alcohol is exemplified, but not limited to, the following violations: 1. An employee is judged unable to perform duties in an effective and safe manner due to: a. Ingestion, inhalation or injection of a drug; or b. Ingestion of an alcoholic beverage. 2. An employee possesses or ingests, inhales or injects into his body a drug: a. During working hours and lunch periods; b. In a City vehicle; or c. On City property. 3. An employee possesses or ingests an alcoholic beverage: a. During working hours and lunch periods; b. In a City vehicle; or c. On City property, except at an authorized City event. 4. In this Section: a. “Drug” means a controlled substance as defined by Chapter 481 of the Texas Health and Safety Code, as may hereafter be amended. b. “Alcoholic beverage” means 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. L. Disturbance is exemplified by, but not limited to, the following violations: 1. Fighting or boisterous conduct; 2. Deliberate causing of physical injury to another employee or citizen; 3. Harassment, as defined by the Texas Penal Code, or intimidation; 4. Unnecessary disruption of the work area; 5. Use of profane, abusive, threatening or loud and boisterous language; 6. Sexual harassment;

7. Spreading of false reports; or 8. Other disruption of the harmonious relations among employees or between employees and the public. M. Abuse of City property is exemplified, but not limited to, the following violations: 1. Intentional, careless or negligent damage or destruction of City equipment or property; 2. Waste of materials or negligent loss of tools or materials; or 3. Improper maintenance of equipment. N. Damage caused by use of tools or equipment for purposes other than that for which the tool or equipment was intended. O. Any employee found to have been negligent with City property may be required to pay restitution to the City. P. Misconduct is any criminal offense or immoral conduct, during or off working hours, which, on becoming public knowledge, could have an adverse effect on the City or on the confidence of the public in City government. â€œCriminal offenseâ€? means any act constituting a violation of law and/or resulting in charges being filed, arrest or confinement. Q. Disregard of public trust is any conduct, during or off working hours, which, on becoming public knowledge, could impair the publicâ€™s confidence or trust in the operation of City government. R. Failure to report a violation is exemplified by, but not limited to, failure to report to the proper authority any known violation described in Subsections F, G, H, I, J, K, L or M. S. An employee shall maintain sufficient competence to properly perform his or her duties and to assume the responsibilities of his or her position. He or she shall direct and coordinate his or her efforts in a manner that will tend to establish and maintain the highest standards of efficiency in carrying out the functions and objectives of the City. The fact that the employee was deemed competent at the time of employment shall not preclude a judgment of incompetence as the result of job performance deficiencies. Apart from, or in addition to, other methods of proof of incompetence, such as failure to achieve and maintain acceptable job proficiency and to accept and execute duties, responsibilities, instructions and orders with minimum supervision, a written record of repeated disciplinary action for infractions of policies, rules, regulations, manuals or directives, or repeated adverse counseling reports and/or evaluations reflecting need for improvement or indicating performance inadequacies, will be considered prima facie evidence of incompetence.

T. No employee shall discriminate against any individual on the basis of race, color, creed, religion, gender, national origin, age, disability or physical handicap. U. An employee shall maintain a neat, well-groomed appearance and style his/her hair and wear his/her uniform or other apparel in accordance with individually established departmental standards. V. An employee shall maintain high standards of moral conduct in his/her personal affairs and shall not be a participant in any incident involving moral turpitude that tends to or does impair his or her ability to perform as a City employee or cause the City to be brought into disrepute. W. An employee shall refrain from undertaking any financial obligation that he or she knows, or should know, he or she will be unable to meet. An employee shall pay all just debts when due. Conduct in violation of this policy that tends to impair the efficient operation of municipal administration or causes the City to be brought into disrepute may be cause for disciplinary action. Further, an employee shall not solicit any employee to co-sign or endorse any promissory note or other loan. X. No employee shall engage in any form of labor organization or association activities while on duty or on City property. An employee shall have the right to join labor organizations, but nothing shall compel the City to recognize or to engage in collective bargaining with any such labor organizations. Y. No employee shall be or become a member with intent to further its aims of any organization, association, movement or group which advocates or approves the commission of acts of force or violence to deny others their rights under the Constitution of the United States or which seeks to alter the form of government of the United States by unlawful means. Z. Employees shall notify their immediate Supervisor of traffic violations, except Class C traffic offenses, any arrest, indictment or conviction within five (5) calendar days of such traffic violation, arrest, indictment or conviction. Employees who operate City vehicles or equipment are required to notify their immediate Supervisor of all traffic violations involving City vehicles within five (5) calendar days of any citation or conviction therefore. AA. No employee shall make known any information concerning the progress of an investigation, a known or reported law violation, a condition against which action is to be taken at a future time or any proposed law enforcement action to any person not authorized to receive it. An employee shall treat the official business of the City as confidential and shall disseminate information regarding official business only to those for whom it is intended in accordance with established City procedures and consistent with the Texas Public Information Act. An employee may remove or copy official records or reports from a City office only in accordance with established procedures and with the approval of the applicable Department Director. An employee shall not promise confidentiality or divulge the identity of a person giving confidential information except when

authorized by proper authority and necessary in the performance of their work. Further, an employee shall not use information gained from any City information system for anything other than official City business. BB. An employee shall cooperate in an internal investigation in which he or she is the primary focus or for which he or she is a witness or affected party.

7.02 Types of Disciplinary Action

Updated 10/01/19

In general, and depending on the specific violation(s), the City follows a progressive discipline system whenever necessary to correct employees. In determining the type of discipline that should be imposed, a Department Director should consider such factors as the type and severity of the offense(s), the employee’s work record, and any mitigating circumstances that may be relevant to the situation. However, because employment with the City of Forney is on an “at-will” basis, the City reserves the right to terminate at any time without going through the steps of progressive discipline, as outlined below. The City Manager may take any disciplinary action against a City employee. The City Manager may follow the procedures as set forth below in this Section but is not required to do so. There is no right to appeal disciplinary action taken by the City Manager. The following disciplinary actions are not exhaustive and may be initiated against an employee for violations of these Regulations and/or City or departmental rules and regulations. The City reserves the right to formulate disciplinary actions not addressed specifically in this Section. A. Oral Reprimand: An oral reprimand is best suited for a minor rule infraction or incident of substandard performance. An oral reprimand should identify violations and indicate areas needing improvement. Two members of management shall always be present during an oral reprimand. An oral reprimand should be documented in writing and signed by the employee and supervisor. All oral reprimands must be given to the Human Resources Department. B. Written Reprimand: A written reprimand is a formal warning of an infraction that may result in suspension, demotion or termination should the instances of misconduct reoccur. 1. Prior to issuing a written reprimand, the Supervisor or Department Director shall consult with the Human Resources Department. 2. The employee shall be given the opportunity to respond in written form to the written reprimand within five (5) business days of receipt. 3. Both the disciplining Supervisor and the employee should sign the written reprimand. 4. Copies of the written reprimand and all supporting documentation, and the employee’s written response, if any, shall become a permanent part of the

employee’s personnel file. These records shall be subject to the Public Information Act. 5. Included in the written reprimand shall be: a. A statements(s) of the specific violation(s) of policy; b. The specific incident(s) causing the action; c. What changes in behavior are expected; d. What range of penalties may be imposed if no changes are made by the employee; and e. The right to appeal as set forth in Section 7.03 – Procedures to Appeal a Written Reprimand. C. Suspension: A suspension is to bring about a change in behavior and results in time off without pay. The employee should be encouraged to reflect on his or her behavior during the suspension and to decide whether he or she wishes to correct the offending behavior or terminate his or her employment. 1. Department Directors may suspend an employee without pay for a period of not less than one (1) hour or more than ten (10) working days. 2. Prior to suspending an employee, the Department Director shall consult with the Human Resources Department. Suspension for more than ten (10) working days requires the written approval of the City Manager. 3. Copies of the suspension and all supporting documentation, and the employee’s written response, if any, shall become a permanent part of the employee’s personnel file and subject to the Public Information Act. 4. The Department Director shall give written notice to the employee stating: a. The specific rule(s) or policy(s) violated; b. The specific incident(s) leading to the suspension; c. Due to the violation(s), a suspension is imposed; d. The employee’s right to appeal the suspension to the City Manager in accordance with Section 7.03 – Procedures to Appeal a Termination, Demotion, or Suspension; and e. The finality of the action if the employee fails to appeal within the specified time period. D. Demotion: A demotion results in the removal of job duties based on a violation of City or department policies. Demotion may result in a reduction in pay, change in job title, removal of job privileges or other actions at the City’s sole discretion. 1. Prior to demoting an employee, the Department Director shall consult with the Human Resources Department. 2. Demotions may be either permanent or for a predetermined specified period of time.

3. Copies of the demotion and all supporting documentation, and the employee’s written response, if any, shall become a permanent part of the employee’s personnel file and subject to the Public Information Act. 4. The Department Director shall give written notice to the employee stating: a. The specific rule(s) or policy(s) violated; b. The specific incident(s) leading to the demotion; c. Due to the violation(s), a demotion is imposed; d. The employee’s right to appeal the demotion to the City Manager in accordance with Section 7.03 – Procedures to Appeal a Termination, Demotion or Suspension. e. The finality of the action if the employee fails to appeal within the specified time period. E. Termination: 1. Prior to terminating an employee, the Department Director shall consult with the Human Resources Department. 2. Copies of the termination and all supporting documentation, and the employee’s written response, if any, shall become a permanent part of the employee’s personnel file and subject to the Public Information Act. 3. A Department Director shall give written notice to the employee stating: a. The specific rule(s) or policy violated; b. The specific incident(s) leading to the termination; c. Due to the violation(s), a termination is imposed; d. The employee’s right to appeal the termination to the City Manager in accordance with Section 7.03 – Procedures to Appeal a Termination, Demotion or Suspension; and e. The finality of the action if the employee fails to appeal within the specified time period.

7.03 Employee Appeal Process

Updated 10/01/19

The City follows the following procedure to appeal a written reprimand: A. Any employee dissatisfied with any written reprimand received by that employee may file a written appeal to his or her Department Director within five (5) calendar days of the action taken. In the event the Department Director or the City Manager has rendered the written reprimand, the Department Director’s or City Manager’s action shall be non-appealable. B. The written appeal must be submitted to the Department Director and shall contain the following information:

1. The type of disciplinary action being appealed and the effective date of the action; 2. The specific reason the discipline is judged to be unjust or otherwise in error; 3. The remedy or solution sought; and 4. The signature of the disciplined employee. C. A Department Director shall discuss the facts surrounding the disciplinary action with the affected employee. A careful review of the charges and evidence of the action and/or omission shall be conducted by the Department Director. A Department Director shall respond in writing to the employee, stating the disposition of the written reprimand within five (5) calendar days of the discussion. The Department Director may sustain, reverse, modify or amend the action taken as he determines is just and equitable under all the facts and circumstances of the case. A written reprimand may not be appealed beyond the Department Director. The City follows the following procedure to appeal a termination, demotion or suspension: A. A Department Director or an employee who reports to the City Manager, who is terminated, demoted or suspended by the City Manager, shall have no right to appeal that decision. B. Any employee, other than a Department Director or an employee who reports directly to the City Manager, who is terminated, demoted or suspended without pay shall have a right to appeal that decision to the City Manager. The right to appeal must be exercised within five (5) calendar days of the date of the decision, by filing a written request with the City Manager and a copy to the Human Resources Department for a hearing. If the employee fails to appeal the decision of the Department Director in accordance with these provisions, the decision of the Department Director shall become final and non-appealable. C. If a timely written appeal is filed, the City Manager shall hear the appeal within a reasonable amount of time. A court reporter or stenographer may be present throughout the appeal and, if so, a written record of the proceedings shall be made. A copy of this written record shall be maintained in the employee’s personnel records. The City Manager may sustain, reverse, modify or amend the action taken. Further, the appeal hearing may be audiotaped and, if so, the audiotape shall become part of the employee’s permanent personnel file. D. Any hearing conducted by the City Manager generally shall proceed as follows: City representative(s) shall be allowed to make a presentation of the City’s case, explaining and detailing the reasons for the disciplinary action imposed. Such presentation may include the production of witnesses and/or documentation supporting the disciplinary action imposed. After the City’s presentation, the employee or his attorney shall be permitted to ask questions and/or cross-examine

witnesses. Thereafter, the affected employee or his attorney shall be permitted to make any statements or produce witnesses and/or documentation on the employee’s behalf. After the employee’s presentation, the City representative or the City’s attorney shall be permitted to ask questions and/or cross-examine witnesses. Both sides shall be permitted to ask questions and/or cross-examine witnesses. Both sides shall be permitted to make a closing statement, if desired. At any time during the hearing, the City Manager may ask questions of the City’s representative(s), the employee and any witnesses. The hearing presentation or procedure referenced herein may be modified and there is no absolute right to any hearing procedure or presentation. Further, the failure to follow any hearing presentation or procedure referenced herein does not create any additional appeal rights. City Manager Review: Upon conclusion of the appeal hearing, the City Manager shall have a reasonable amount of time to make a determination. After reviewing evidence presented, the City Manager may sustain, reverse, modify or amend the action taken as he determines is just and equitable under all the facts and circumstances of the case. The decision of the City Manager is final and non-appealable. Miscellaneous: A. If any employee fails to appeal any disciplinary action according to the provisions expressly set forth herein, or within the time limits specified in this Section, or if the employee fails to appear at any hearing, the disciplinary action shall be final and non-appealable. B. If an appeal is not answered within the specific time limits, the employee may proceed to the next step, if any, in the appeal process. C. Any time limit specified in the procedures under this Section may be extended by mutual written agreement. D. An employee who is suspected of a violation of state, Federal or local law, City ordinance, a rule, regulation, or these Regulations, may be subject to disciplinary action up to and including termination or may be placed on administrative leave with or without pay pending the outcome of any related investigation and/or imposition of disciplinary action. The City Manager must approve any administrative leave with or without pay. E. A reduction in force is not subject to appeal or grievance procedures. Any employee separated from City employment as a result of a reduction in force has no right to appeal or grieve such separation.

7.04 Grievance

Updated 10/01/19

Policy A grievance is an allegation regarding the violation, misinterpretation or improper application of a specific state or Federal law, regulation, or City charter, policy or ordinance provision. This does not include questioning the substance of policy nor complaints regarding an employeeâ€™s individual working conditions. It is the policy of the City, insofar as possible, to prevent the occurrence of grievances and to deal promptly with those which occur. No adverse action will be taken against an employee for exercising the grievance right. A grievance may be filed by an employee on one or more of the following grounds: illegal discrimination based on sexual orientation, race, age, religion, color, disability or national origin, gender or status as a Vietnam-era or special disabled veteran, or status in any group, protected by Federal, state or local law; improper application of rules, regulations, and procedures (but not the rules, regulations, and procedures themselves); unfair treatment; improper application of fringe benefits; improper working conditions, or any violation of state or Federal law. This grievance policy does not address or apply to employee disciplinary actions or to procedures to appeal a termination, demotion or suspension. Procedure Informal Grievances The first step in the grievance procedure is for the employee to attempt to resolve the grievance by informal conference with his or her Supervisor or Department Director. If this informal conference does not result in a resolution of the problem(s) that is satisfactory to the employee, he or she may file a formal, written grievance. Formal Grievances Formal grievances must be in writing, signed by the employee, and presented to the employeeâ€™s Department Director within ten (10) calendar days after the alleged grievance occurred. The grievance document shall include the following: 1. The names of each individual involved in the grievance either as a party whose action is subject to the grievance or as a witness; 2. A description of the basis of the grievance sufficient to reasonably apprise the decision maker of the nature of the grievance; 3. A description of any documentation or physical evidence which should be considered in determining the grievance; 4. If a grievance involves a violation of law, a description of the City policy or procedure, ordinance, State or Federal law, if any, which the employee in good faith believes has been violated or may be relevant to the appeal as well as a description of how the provision is relevant to the grievance is/are required;

5. A statement of the specific remedial action requested by the employee along with the employee’s signature. An employee may be represented throughout the grievance process by a representative of his or her choosing, who cannot be another City employee or member of the City Council. After being presented with a written and signed grievance, the Department Director will: 1. Consult with the employee and such other persons as may be necessary to gather the facts; 2. Notify the City Manager in writing; 3. Attempt to resolve the grievance with the employee and, if requested by the employee, with the employee’s representative; and 4. Communicate the decision to the employee in writing within ten (10) calendar days after the date the grievance is filed, sending a copy of the decision to the City Manager. If the employee either receives no written decision from the Department Director within ten (10) calendar days from the date the grievance was filed, or the employee is not satisfied with the proposed resolution, he or she must deliver to the City Manager a written statement notifying the City Manager of the employee’s desire for an additional review of the grievance within the sooner of five (5) calendar days of receiving the proposed resolution or within fifteen (15) days of the date the grievance was filed. The City Manager will review the facts and the file, meet with the parties involved, and respond in writing to the employee within fourteen (14) calendar days of the date the appeal was received in the City Manager’s office. The decision of the City Manager is final. If the employee brings a formal grievance against the employee’s Department Director, the formal grievance must be in writing, signed by the employee, and presented to the City Manager within ten (10) calendar days after the alleged grievance occurred. The grievance document shall include the same information as set forth above. After being presented with the written, signed grievance, the City Manager shall: 1. Consult with the employee and such other persons as may be necessary to gather the facts; 2. Attempt to resolve the grievance with the employee and, if requested by the employee, with the employee’s representative; and 3. Communicate the decision to the employee in writing within ten (10) calendar days after the date the grievance is filed. The decision of the City Manager shall be final. If the employee brings a formal grievance against the City Manager, the formal grievance must be in writing, signed by the employee, and presented to the Mayor and the City Attorney within ten (10) calendar days after the alleged grievance occurred.

The grievance document shall include the same information as set forth above. After being presented with the written, signed grievance, the City Attorney shall: 1. Provide a copy of the grievance to the City Manager; and 2. Make any initial findings and present them to the City Council in executive session. Following the executive session with the City Council, if necessary, the City Attorney shall: 1. Notify the grieved employee as to when the Mayor and the City Council will meet with the employee and such other persons as the Mayor and the City Council deem necessary to gather the facts and discuss the grievance; 2. Meet, discuss and attempt to resolve the grievance with the employee and, if requested by the employee, with the employee’s representative; and 3. Review the grievance and communicate the decision of the City Council to the employee in writing within thirty (30) calendar days after having reached a decision as to the grievance. The decision of the City Council shall be final. At each stage of the grievance process, the time periods specified are maximums. Grievances should be dealt with promptly and written responses provided as quickly as possible, preferably within ten (10) working days in simple grievance matters. The total time for a final resolution should not exceed sixty (60) calendar days. A copy of all documentation relating to the grievance will be forwarded to the City Manager’s office immediately upon conclusion of each step in the grievance process to be placed in the employee’s personnel file. If the employee is dissatisfied with any decision during the grievance process, he or she must appeal to the next step, if any, within the established time period. Failure to timely appeal is a determination that the employee is satisfied with the last decision.

7.05 Drug Free Workplace

Updated 10/01/19

In compliance with the Omnibus Drug Free Work Place Policy Act of 1988, the City of Forney shall make a good faith effort to take those steps required by the Act to ensure the safety of its employees, volunteers, citizens, and the general public by providing a workplace that is drug free. The City strictly prohibits the unauthorized use, sale, purchase, possession, distribution, dispensation, manufacture or transfer of controlled substances, as that term is defined by applicable state and federal laws, while on or in City property or other work sites where employees may be assigned, in City owned vehicles, in or on City equipment and machinery, or in personal vehicles while conducting City business. Employees, volunteers, or contract instructors convicted of violations related to controlled substances under state and federal law or who plead guilty or no contest to such charges must inform the City Manager’s Office and the Department Director within

five (5) days of such conviction or plea. Employees who operate City vehicles or equipment and receive a conviction for a DWI or DUID will be terminated. Any employee found in violation of this policy will be terminated and any volunteer found in violation of this policy will be released from volunteer service with the City.

7.06 Substance Abuse and Testing

Updated 10/01/19

The City maintains a firm commitment to provide a safe work environment free from the effects of illegal drugs and alcohol as well as the abuse of legal/prescription drugs. It is a violation of this policy to refuse to consent to testing or to test positive for alcohol or illegal drugs. Violations of this policy will result in severe disciplinary action, up to and including termination of employment. This policy applies to all employees including Department Directors and Executive staff. A. General Provisions 1. Prohibition of Personal Use Employees shall not use, have present in their body or on their person, alcohol, illegal drugs, intoxicants or any other prohibited substances when reporting to work or while on duty. Employees shall not be under the influence of or have the odor on their breath or clothes of alcohol, illegal drugs, intoxicants, or any other prohibited substance when they report to work or while on duty. Employees shall not have alcohol, illegal drugs, intoxicants, or any other prohibited substances in City vehicles or equipment or on City premises. 2. Prescriptions and Over-the-Counter Medications Employees shall not use or possess prescription drugs except as prescribed by their physician. Employees shall not use prescription drugs or over the counter (OTC) medications in a manner inconsistent with recommended dosages and/or warning statements. Employees must report their use of over-the-counter or prescribed medication to their supervisor if the use might impair their ability to perform their job safely and effectively. A determination will be made as to whether the employee is able to perform the essential functions of the job safely and properly. The City reserves the right to have a designated city physician determine if a drug or medication may impair an employeeâ€™s ability to safely perform his/her job duties and may restrict the job duties performed while using a drug or medication accordingly. 3. Prohibition of Distribution Employees shall not sell, possess, provide, dispense, distribute to other persons, or unlawfully manufacture any alcohol, unauthorized prescription or illegal drugs, intoxicants, or other prohibited substances while on duty, stand-by, on meal or break periods, on City premises or work site, operating a City vehicle, or in a City uniform. In addition, the City prohibits the off-premises abuse of alcohol and controlled substances when those activities adversely affect job performance, job safety, or the Cityâ€™s reputation.

4. Drugs and/or Alcohol Test On duty employees shall not refuse to submit to a drug and/or alcohol test when requested, required, or ordered to submit by a person having the authority to do so. 5. Report for Duty An employee may not report for duty or operate a City vehicle with any alcohol present in the body. 6. Training or Conferences Employees attending training and conferences may participate in social functions associated with the conference, including responsible consumption of alcohol, as long as the employeeâ€™s conduct does not reflect adversely upon the City. Employees who consume alcohol at these functions shall follow the law and shall not operate City owned vehicles, and are discouraged from driving personal vehicles after the consumption of any level of alcohol. If the employee needs assistance with transportation, they must contact any available City representative who may arrange alternative transportation. 7. Conviction An employee who is convicted for a drug or alcohol related offense is subject to disciplinary action up to and including termination, even for a first offense. 8. Supervisor and Director Responsibility Supervisors and Directors are responsible for consistent enforcement of this policy. A supervisor/manager/director who permits a violation of this policy, who is found to have misused this policy in regard to subordinates, who violates the confidentiality standards of the policy, or who has actual knowledge that an employee has violated any of the prohibitions of this section and allows him/her to report for or continue on duty, shall be subject to severe disciplinary action, up to and including termination. 9. On Call/Emergency Call Back Employees who are in an on-call status are prohibited from consuming alcoholic beverages or using drugs that may impair performance if called back to work. The City recognizes that employees who are not designated as â€œon-callâ€? may be asked to report for emergency or unexpected duty. Before reporting for duty, employees shall disclose to their supervisor whether they have used alcohol or other substances, including prescribed or over the counter medications that might affect their ability to drive to work and/or perform. Employees subject to continuous emergency call back are required to declare to their supervisors the use of alcohol or controlled substances including prescribed medication that might affect their ability to perform under the emergency. The supervisor will advise those employees not to report to work. Employees shall decline such calls for emergency duty without being subject to disciplinary action. In no event shall employees reporting for emergency duty be under the influence of alcohol or other substances that cause impairment.

B. Testing 1. Pre-employment The City will not knowingly hire applicants under the influence of drugs and/or alcohol. Current employees who promote, demote, or transfer to another department may be required to pass a drug test. Applicants who test positive or fail to submit to a timely post-offer drug test wonâ€™t be hired and are ineligible to apply with the City for one year from the date of the positive test or violation. Departments may have a more restrictive ineligibility time frame. Department Directors shall not allow an applicant to begin work until they have received confirmation from the Human Resources Department that the prospective employee has tested negative for drugs. 2. Post-Accident and Post Injury Testing Employees including full time, part time, seasonal, and temporary are subject to post accident and post injury testing. Immediately following an accident, the employee is required to submit to alcohol and drug testing. Any accident in a City vehicle will require substance abuse testing. Adherence to post accident guidelines are a condition of continued employment. For the purpose of this policy an accident refers to: a. An on the job accident or incident where any person who suffered injury which is reasonably expected to require medical attention, or who contributes to the injury of another person; b. Employees who discharge a firearm in violation of any department, federal, state, municipal, or local rule or regulation, and/or that result in bodily injury or property damage will be tested for drugs and alcohol within the time frames set forth in this policy. c. Any damage to City vehicle, equipment, property, or premises. If there is no reasonable suspicion other than the accident, an employee who has submitted to a drug or alcohol test following an accident or injury may be allowed to return to his/her normal work duties, at the discretion of the supervisor. If a supervisor suspects possible impairment, the supervisor shall ensure that the employee is taken home. If the employee refuses transportation and insists on driving, law enforcement may be notified. Nothing in this policy should be construed to require the delay of necessary medical attention for an injured employee following an accident/injury. An employee may leave the scene of an accident for the period necessary to obtain medical assistance or obtain necessary emergency care. If immediate medical attention or hospitalization is needed, the supervisor responsible will request that drug/alcohol tests are done along with necessary treatments. EXCEPTIONS to post-accident testing: The following circumstances are exceptions to required testing, unless there is other evidence to give reasonable suspicion:

a. Vehicle is properly and lawfully parked and is hit by another vehicle; b. Vehicle is damaged by flying debris, i.e. rocks, etc.; c. Underground pipes, cable, or other underground utilities are hit during excavation; d. Damage to public safety vehicles or equipment during non-driving emergency operations; e. Tire disablement without additional damage; or f.

It can reasonably be deduced by the facts of incident that the employee had not used alcohol or any drugs.

3. Reasonable Suspicion A referral for reasonable suspicion testing will be based on specific, contemporaneous observations concerning the appearance, behavior, speech, or body odors of the employee. Reasonable Suspicion Testing Process: PRELIMINARY EVALUATION Supervisors must take action if they have reason to believe that one or more of the Reasonable Suspicion Indicators are present and may be affecting an employeeâ€™s performance or behavior. Supervisors failing to take appropriate action will be subject to disciplinary action up to and including termination. An employee who has reason to believe that the performance of another employee is impaired by alcohol, illegal drugs, or medication must immediately notify their supervisor, Department Director, or Human Resources Department. Reasonable Suspicion Indicators (including but not limited to): a. Observable behavior such as direct observation of drug or alcohol use, possession or physical symptoms of being under the influence of drugs or alcohol; b. Possession of drug paraphernalia; c. Noticeable change in behavior or a pattern of abnormal or erratic behavior; d. Smell of alcohol or marijuana on person or breath; e. Appearing to be intoxicated, confused, disoriented, or having difficulty concentrating; f. Identification of an employee as the focus of criminal investigation into illegal drug possession, use, or trafficking; g. Abnormally dilated or constricted pupils, glazed stare; h. Bloodshot or watery eyes; i. Flushed face; j. Change of normal speech pattern, i.e. faster or slower; k. Constant sniffing or redness under nose; l. Sudden weight loss;

m. n. o. p. q. r. s. t. u. v. w. x.

Needle marks; Exhibiting change in personality, i.e. paranoia, anger, etc.; Forgetfulness; Change in performance level; Borrowing money from co-workers or other unusual display of need for money; Constant fatigue or hyperactivity; Excessive, unexplained absences; Dulled mental processes, sleepy, or stuporous condition; Slowed reaction rate; Slurred speech; Physical or verbal altercation; and Lack of coordination, difficulty walking, inability to walk straight.

If reasonable suspicion testing is requested, the following steps shall be followed: STEP 1 When reasonable suspicion is identified by a supervisor, the employee will be questioned and observed by a Department Director or Human Resources employee. The supervisor and Department Director shall document in writing observed behavior. The Department Director shall contact the Human Resources department for reasonable suspicion authorization. In the event that the Human Resources Department is unavailable, the Department Director shall contact the City Manager’s office. Right to Search Property: Upon reasonable suspicion, the City may search City owned property, vehicles, desks, closets, or lockers for alcohol or drugs. If the employee has a personal lock on the locker, the employee shall be given the opportunity to remove it when possible. If the lock isn’t removed, the City shall cut the lock off. STEP 2 If the evidence indicates that the employee may be under the influence, and the Department Director has received authorization from the Human Resources department or the City Manager’s Office, the supervisor, Director, or designee shall drive the employee to the medical facility and wait for testing to be completed. If the results are positive, the employee will be taken by the supervisor or designee to a city medical facility for a follow up test. Refusal by an employee to submit immediately to an alcohol and/or drug analysis when requested by management will result in termination. STEP 3 If the drug test results are positive, the employee will be provided transportation home. If the employee refuses and demands to drive their vehicle, the employer shall notify law enforcement. If the test results are negative, the employee may return to work. Information obtained through this testing will be treated with strict confidentiality.

Fire and Police Department Reasonable Suspicion The Fire or Police Chief may direct any employee of their respective departments to submit to a drug and/or alcohol test immediately. The Human Resources department shall be notified as soon as possible, but no later than 24 hours after the employee was tested. C. Consequences An employee, who tests positive for drugs, fails to submit to testing when requested, required, or ordered to take any of the tests listed in this policy, or in any way violates any of the prohibitions listed in this policy shall be terminated immediately, even for a first offense. Failure to report to the collection site in the time allotted (travel time plus 30 minutes) will be considered a refusal to take the required test. The Forney Police Department and other applicable law enforcement agencies shall be notified, as appropriate, where criminal activity is suspected. Suspension without pay for the duration of the investigation may be applied to any employee who is the subject of an alcohol or drug-related inquiry by the City or any other law enforcement agency. An employee who fails to provide an adequate volume of a breath or urine for testing, without a valid medical explanation, shall be deemed to have refused to submit. An employee terminated for violation of this policy may not appeal the termination.

7.07 Harassment and Discrimination

Updated 10/01/19

It is the policy of the City of Forney that all employees, volunteers or interns shall be able to enjoy a work environment free from all forms of unlawful harassment. Unlawful harassment is aggressive, suggestive, or offensive behavior based on sexual orientation, race, age, religion, color, disability, national origin, gender, status as a Vietnam-era or special disabled veteran, or any status in any group protected by Federal, state or local law. The City does not tolerate improper interference with the ability of the Cityâ€™s employees to perform their expected job duties. Prohibited conduct includes, but is not limited to: epithets, slurs and negative stereotyping; threatening, intimidating or hostile conduct; denigrating jokes and comments; and writings or pictures that single out, denigrate or show hostility or aversion toward someone on the basis of a protected characteristic. Conduct, comments or innuendoes that may be perceived by others as offensive are wholly inappropriate and are strictly prohibited. This policy also prohibits sending, showing, sharing or distributing in any form, inappropriate jokes, pictures, comics, stories, etc., including, but not limited to via facsimile, e-mail and/or the Internet. Harassment of any nature, when based on sexual orientation, race, age, religion, color, disability, national origin, gender, status as a Vietnam-era or special disabled veteran, or any status in any group protected by Federal, state or local law, will not be tolerated. All City employees are entitled to a

workplace free of unlawful harassment by management, Supervisors, co-workers, citizens and vendors. City employees are also prohibited from harassing citizens, vendors and all other third parties. Sexual Harassment is unlawful harassment that is a form of sex discrimination. Sexual harassment is any unwelcome or unsolicited sexual advances or requests for sexual favors or any other verbal or physical conduct of a sexual nature towards another individual when: 1. Submission to such conduct is made explicitly or implicitly a term or condition of employment; 2. Submission to or rejection of such conduct is used as the basis for employment decisions; and 3. The conduct has the purpose or effect of substantially interfering with an individualâ€™s work or creates a hostile, intimidating, or offensive work environment. Sexual harassment includes, but is not limited to the following: 1. Making suggestive comments, gestures, threats, insults or jokes; 2. Flirting, touching, making advances or propositions; 3. Using sexually degrading words to describe an individual; and 4. The display in the workplace of sexually suggestive objects or pictures. Sexual harassment does not refer to occasional compliments of a socially acceptable nature. It refers to behavior that is not welcome, that is personally offensive, which lowers morale and therefore, interferes with work effectiveness. A FINDING OF ANY TYPE OF HARASSMENT CAN RESULT IN DISCIPLINARY ACTION UP TO AND INCLUDING TERMINATION OF EMPLOYMENT. Retaliation against an individual who makes a good faith report of prohibited conduct or who assists in a complaint investigation is prohibited. Acts of retaliation must be reported immediately as set out in this Section below. The City shall be proactive in preventing retaliation and shall take remedial action when necessary. Each Supervisor has a responsibility to maintain the workplace free from all types of harassment. This duty includes discussing this policy with all employees and assuring them that they are not to endure harassment. Furthermore, if notified of a possible harassment situation, the Supervisor must report the situation to the City Manager or Human Resources as soon as possible. It will be the responsibility of the City Manager to inform Supervisors and employees of the policy concerning unlawful harassment, the gravity of such behavior and the procedure to be employed in the event such an allegation develops. The City of Forney is committed to diligently enforcing its harassment/discrimination policy

by promptly investigating all complaints. When harassment or discrimination is discovered, the City shall take appropriate remedial measures and/or disciplinary action, up to and including termination. The complaint procedure is designed to deal with complaints in a fair, discreet and timely manner to: 1. Decide if the behavior alleged in the complaint took place and constitutes harassment/discrimination that violates Federal and/or State law and City Policy; or constitutes harassment/discrimination in the form of inappropriate or offensive behavior that violates City policy; 2. Stop the offending behavior; 3. Restore the complainant’s working environment; 4. Take steps to prevent retaliation and repetition of the harassment; and 5. Educate and/or discipline seriousness of the offense.

the

The following procedures are to harassment/discrimination complaints:

harasser/discriminator consistent with the

used

for

reporting

and

investigating

1. Any employee who feels victimized by harassment/discrimination should report, verbally or in writing, the harassment/discrimination to his or her Supervisor immediately. If the employee’s immediate Supervisor is the source of the alleged harassment, or is so closely associated with the source of the harassment that the employee does not feel comfortable reporting to that person, the employee may report the complaint to their Director, Human Resources, or the City Manager. The employee is not required to follow his or her chain of command when reporting harassment/discrimination. 2. Any Supervisor or Director that learns of, or receives a complaint of harassment/discrimination is required to report it to Human Resources o r the City Manager’s office. 3. If the complaint alleges harassment/discrimination, Human Resources, the City Attorney’s office or their designee will conduct a prompt and impartial investigation. 4. Management, upon being informed about a harassment/discrimination complaint, shall take immediate and appropriate action when necessary to ensure any inappropriate behavior is not repeated during the investigation. Depending on the nature and severity of the complaint, the City reserves the right to take any immediate action necessary to address the complaint including, but not limited to, immediate suspension without pay of the employee against whom a complaint has been made. If, at the conclusion of the investigation, no discipline is imposed, the City may award back pay for the period of the unpaid suspension, except for any unpaid periods imposed as discipline. 5. The investigation may include, but is not limited to, obtaining all factual evidence, conducting interviews and obtaining witness statements, determining whether a reasonable basis exists for the allegations of harassment, determining if there has been a violation of Federal or state law and/or City policy, and

affording the accused the opportunity to respond verbally or in writing to the allegations. If harassment is found to have occurred, recommendations for remedial action shall be made. 6. The investigator shall conduct the investigation carefully and discreetly to protect all employees questioned and all information gathered. Confidentiality during an investigation is not guaranteed, but the investigator, to the extent possible, shall conduct the investigation to protect the privacy of those involved and relate facts only on a need-to-know basis. Every effort shall be made to conduct the investigation promptly so as to respect the rights of all individuals involved. 7. Upon completion of the investigation and based upon the findings of the investigation and the conclusions of the investigator, Human Resources or t h e designee shall promptly relay the results of the investigation to the accused and the complainant. 8. If the investigation finds that harassment/discrimination has occurred, the City shall take appropriate corrective disciplinary action, which may include but not be limited to: oral reprimand, written reprimand, suspension, d e m o t i o n and/or termination. The City shall take all steps necessary to effectively remedy the harassment/discrimination that was found during an investigation. 9. No employee shall be subject to any form of retaliation or discipline for pursuing or participating in a harassment/discrimination complaint. The City shall insure that complainants and witnesses shall suffer no retaliation as a result of their involvement in the investigation. If the investigation does not find that harassment/discrimination occurred or that the alleged incident(s) did not constitute harassment/discrimination, the matter shall be referred back to the department Director to be addressed.

7.08 Minimum Driving Standards

Updated 10/01/19

City-owned or leased vehicles may only be used for official City business. City owned or leased vehicles may only be driven by authorized City employees. If an employee drives his/her own, or a City-owned, rented or leased vehicle on the job or while carrying out City-related business, the employee must comply with the following: 1. Drivers must have a valid State of Texas driverâ€™s license appropriate for the vehicle operated, must maintain a satisfactory driving record (as defined in this policy), and must inform their supervisor of any change in status. 2. Always observe all posted laws and speed limits. 3. Always wear seat belts when the vehicle is in operation. 4. No passengers other than City employees or others on City business may ride in a City vehicle unless approved in advance by the Department Director or the City Manager. 5. No personal use of City-provided vehicles is allowed without the prior, written approval of the City Manager.

6. Maximum, economical and efficient use shall be made of all City vehicles. Unnecessary driving is not permitted; employees will take the most direct route to, from or between job assignments. 7. Persons assigned a City vehicle may utilize the vehicle for meal purposes and authorized breaks within the general locality where the employee is performing duties or reporting for assignments. 8. The use of all tobacco products (including smokeless) is prohibited while operating and/or being a passenger in City owned vehicles and/or equipment. 9. At no time may an employee under the influence of alcohol or illegal drugs drive a City vehicle or a personal vehicle while conducting City business. Employees (other than sworn officers assigned to the Police Department) may not carry firearms in City vehicles unless authorized by the City Manager. 10. Certain prescription medications may hinder an employeeâ€™s ability to operate a vehicle safely. Employees who are required to drive a City vehicle and who are taking such medications must report it to his/her supervisor. The supervisor, in consultation with the Director of Human Resources, will determine if the employee had the ability to operate a City vehicle for the duration of time that an employee is taking his medication. 11. An employee who is operating a City vehicle or private vehicle on City business is required to pay for moving violations and/or parking citations for which he/she is responsible. 12. All maintenance and use records for City vehicles must be completed as directed by the employeeâ€™s supervisor. 13. Employees must report any broken, missing, or worn parts, tires, etc., or any needed maintenance of City vehicles to the appropriate supervisor immediately. The employee is also responsible for the appearance and cleanliness (exterior and interior) of the vehicle. 14. All drivers must be eligible for coverage under the Cityâ€™s insurance policy. 15. Departments may develop additional directives for the operation and maintenance of vehicles assigned to their department. 16. Hand held cell phone use, including texting, while driving a City vehicle is strictly prohibited. This provision does not apply to sworn officers assigned to the Police Department or other employees in a justifiable emergency situation. Employees involved in an accident while operating a City vehicle, or while operating a personal vehicle on City business, must immediately notify the proper law enforcement agency (if applicable) and his/her supervisor. The supervisor will notify Department Director, the Director of Human Resources and the City Manager in a timely manner. Accident reports and any law enforcement report must be filed with the Department Director and the Director of Finance and Human Resources. Failure to give the proper notifications will result in disciplinary action, up to and including termination.

Employees must report all traffic convictions, moving violations, license suspensions and/or revocations, whether incurred on or off the job, to their immediate supervisor within five (5) days of the violation or conviction. The City may, at any time, check the driving record of a City employee who drives as part of his/her job duties to determine that he/she maintains the necessary qualifications as a City driver. Employees agree that they will cooperate in giving the City any authorization required for this purpose.

7.09 Attendance and Punctuality

Updated 10/01/19

Employees shall maintain satisfactory attendance. Unsatisfactory attendance includes the following conduct but may also include other types of conduct: (1) unexcused absence or tardiness; (2) failure to give notice to the supervisor of such absence or tardiness within one hour of the scheduled start time for the work day; (3) abuse of sick leave shown by high average usage without sufficient justification as determined by the department head; (4) absence or tardiness without justification that causes significant disruption of service; and (5) excessive amount of time off the job regardless of the reason. Department heads shall establish work schedules and maintain daily employee attendance records. The Human Resources Department will maintain annual employee attendance records.

7.10 Dress Code and Personal Appearance

Updated 10/01/19

A. General Policy Statement It is important that all employees give a clean, neat, and appropriate appearance while on duty. A message of professionalism and competence should be delivered to the citizens at all times through the dress code. Directors may set department specific policies related to additional clothing required to address safety concerns with the approval of the City Manager. Any additional requirements placed on employees related to this concern will be documented and given to the employee (i.e. shoes, safety gear, etc.) B. Responsibilities 1. Directors: It is the responsibility of Directors and front-line supervisors to enforce the dress code and address concerns with employees who are not in compliance. Human Resources will be available to assist management with more formal discipline if discussions with employees regarding failure to follow the dress code are not effective. 2. Employees: Employees are responsible for following the policy as indicated with the understanding that he/she may be sent home, disciplined, or other appropriate action taken, should there be a problem with non-compliance.

C. City-wide Regulations 1. Hygiene: All employees shall be aware that appropriate hygiene and undergarments (underwear and bras) are required at all times. Hair should be clean and appropriately kept. Beards and mustaches should be kept clean and neatly trimmed. Clothing and shoes should be clean and neatly worn (absent of holes). 2. Jewelry and Body Art: Visible tattoos may be required to be covered at the discretion of the employeeâ€™s Director if the tattoo is offensive in its general nature or presentation. No tongue rings, brow rings, facial piercings, or visible belly-button rings will be allowed. Men with ear piercings may wear a clear stud or no earring while on duty. Conventional dress for women allows for pierced ears; however, earrings should be conservative and in good taste. 3. Religious accommodation may be made for some form of body jewelry or piercing, but will be discussed with the Director and Human Resources should a request for accommodation be made by the employee. 4. Off-Duty: Clothing with City logos or other uniforms or clothing items that identify a person as a City employee will not be worn off-duty to bars, nightclubs, adult entertainment establishments, or at any public location during the consumption of alcohol. Employees should use caution to avoid wearing City clothing at any off-duty location in which the citizenry may question the appropriateness. D. Prohibited Items (at all times) Overalls, tank tops, tube/halter tops, midriff tops (no middle area to be shown at any time) are prohibited. Sleeveless tops, sundresses, and spaghetti-straps of any variety may only be worn if covered by a jacket, sweater, or top-shirt. When women with private offices are working in their offices without outside visitors, they may remove jackets if wearing a sleeveless top under the jacket or the sweater. This does not apply to sundresses or spaghetti straps. E. Fire/Police Department Regulations Sworn Personnel â€“ Sworn personnel (Police/Fire) are required to wear specific uniforms. Sworn personnel should refer to their specific chiefs for requirements related to uniforms. Sworn staff who are in administrative positions will be required to follow the dress code as outlined for administrative personnel (below). Applicable rules related to safety for facial hair and breathing apparatus will be outlined by the Department chiefs. Foot protection may be regulated as needed by the chiefs and uniform or steel-toe boots may be required to prevent employee injury. F. Administrative and Service Personnel Service personnel includes the following areas:

• • • • • • •

Public Works Facilities Maintenance Fleet Services Parks and Recreation Inspections Code Enforcement Animal Services

Administrative personnel include: • • • • • • • • • • • •

City Hall Police (office & telecommunications) Fire (office) Finance/Utility Billing Human Resources City Manager’s Office Municipal Court Public Works administration Community Development administration City Secretary Information Technology Economic Development

Men and women may wear pants, capris or jeans. Denim should not be faded or with holes. Baggy pants are not allowed. T-shirts should be City logo t-shirts only. Uniform shirts with the City’s logo should be clean and in good repair. Foot protection may be regulated as necessary by the Directors and uniform or steel-toe boots may be required to prevent employee injury. Caps are limited to City of Forney logo caps or solid colors. No other logos or advertisements are allowed on caps. Shorts and capris may be worn by Service Personnel including Parks and Recreation and others who are in the heat the majority of the day from Memorial Day to Labor Day. Employees wearing shorts and capris should be uniform and professional in appearance (no denim shorts) and the shorts should be no shorter than one inch (1”) above the knee. Employees who qualify for this privilege should not wear shorts on days in which they will be exposed to some risk of injury from equipment or facilities (i.e. weed eaters, lawn equipment, abandoned houses, etc.). At all times the employee’s appearance should be neat, clean and appropriate when wearing shorts and capris.

7.11 Political Activity

Updated 10/01/19

No employee shall be restrained in the exercise of his/her rights as a citizen to express an opinion or to cast a vote; however, political activities of an employee should not substantially interfere with the employees’ job performance or the job performance of

others. No employee of the city shall solicit contributions, donations, distribute campaign literature, or take part in other political activity while on duty with the city. It is emphasized that all such activity must occur away from the work site and on the employeeâ€™s own time. No employee may use the cityâ€™s funds, equipment, assets or personnel in the promotion of a political campaign or candidate. Employee candidacy for elected public office shall be determined according to governing state and local laws.

Chapter 8: MISCELLANEOUS 8.01 Solicitation Policy

Updated 10/01/19

Solicitation is defined as any act or attempt to advertise, market, take orders, offer to sell, sell any product or service, to seek employee membership in any organization, or to seek contributions for organizations, campaigns, or charitable purposes. G. Solicitation shall not be permitted of or by City employees during work or business hours, other than for the following exceptions: 1. Solicitation of funds for the purpose of parties, gifts, flowers, cards or events for a City employee shall be permitted of or by City employees during work or business hours. All requests for donations to assist an employee must be approved by the Department Director, and be initiated by the Department and not the employee in need of assistance. 2. Solicitation of funds for City sponsored functions and events shall be permitted of or by City employees during work or business hours, in accordance with applicable laws. City functions and fundraiser events may include but are not limited to United Way, Muscular Dystrophy, Library, Big Brothers and Big Sisters, Food Pantry and other charitable purposes that have been approved by the City Manager or designee. 3. Solicitation of funds shall be permitted for local, not-for-profit youth sponsored events (i.e., school, band boosters, and scouting). Solicitation of funds for these purposes shall be limited to placing order forms or products in the break room, bulletin boards or common areas accessible to employees to view at their leisure. Exceptions may be made by the Department Director. Distribution of purchased goods shall not disrupt the work environment. H. No employee is required to make any contribution, nor will an employee be penalized in any way in connection with his or her employment according to his or her response to a solicitation of funds for City-sponsored functions or events. I.

Employees engaged in non-authorized solicitation efforts shall be instructed to cease such activity and further engagement in such activities may result in disciplinary action.

8.02 Conflict of Interest and Acceptance of Gifts

Updated 10/01/19

No officer or employee of the City shall accept, directly or indirectly, any gift, favor, privilege, or employment having a monetary value in excess of fifty dollars ($50.00) from any person, firm, or corporation doing business with, or seeking to do business with the City during the term of office of such officer or during the employment of such employee of the City and in connection with such office or employment, except as may be authorized by ordinance or on behalf of the City and for its benefit. Under no circumstance shall cash or any instrument of cash having monetary value be accepted. No officer or employee of the City who is employed, directly or indirectly, by any person,

firm, or corporation doing business with, or seeking to do business with the City shall in any manner participate in any discussion or decision of any agency, board, commission, or instrumentality of the City having to do with the business done or sought to be done with the City by such person, firm, or corporation without first declaring publicly such employment.

8.03 City Property/Equipment Use

Updated 10/01/19

The City attempts to provide employees with adequate tools, equipment, vehicles and facilities to support and enhance job performance. The City requires all employees to observe safe work practices and lawful, careful and courteous operation of vehicles and equipment. Any City issued safety equipment must be correctly used at all times. The following is not a complete and exhaustive list of property and equipment use policies. Departments may develop additional directives for property and equipment use. Violations of this policy or any department directives, as well as the improper, careless, negligent, destructive, or unsafe use or operation of equipment and property, may result in disciplinary action, up to and including termination. A. General Provisions From time to time, the City may issue various types of equipment or other property to employees, (credit cards, keys, tools, safety equipment, security passes, manuals, written materials, telephone cards, uniforms, and other property or equipment). Employees are responsible for items formally issued to them by the City, as well as for items otherwise in their possession or control or used by them in the performance of their duties. 1. At the time of issuance, employees may be required to sign certain forms or other documentation evidencing their receipt of the property or equipment and authorizing a payroll deduction for the cost of lost, damaged, or unreturned items. In addition to payroll deductions, the City may take any other action it deems appropriate or necessary to recover and/or protect its property. 2. Employees must notify their supervisor immediately if any vehicle, equipment, machine, tool, etc. appears to be damaged or defective, or is need of repair. 3. City property, materials, supplies, tools, equipment or vehicles may not be removed from the premises or used for personal business (unless prior written authorization is given by the City Manager or except as authorized under these policies). 4. No employee shall have an expectation of privacy in regards to any City property or equipment assigned to them or being used by them. 5. All employees shall be solely responsible for their personal property at all times.

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8.04 Activity Related to Personal Interests

Updated 10/01/19

No employee shall appear or testify on behalf of the private interests of others before the City Council or any City body, board, agency, commission, or any board, commission, corporation, or committee established by ordinance, charter, state law or otherwise, operating either under the direct or indirect authority or subject to the direct or indirect control of the City Council without obtaining the prior approval the employee’s supervisor or department head, except in such employee’s personal capacity unless required in the course of such employee’s duties; and shall not assert the prestige of the employee’s city position for the purpose of advancing private interests; or state or imply that such employee’s appearance or testimony is in an official capacity or on behalf of the City, unless such appearance or testimony is required by such employee’s duties.

8.05 Professional Memberships and Subscriptions

Updated 10/01/19

The City will participate in the cost of professional memberships and subscriptions for employees applicable to their positions; provided the necessary funds are available. Requests for memberships and subscriptions must be approved by the City Manager prior to participation.

8.06 Health and Medical Exams/Fitness for Duty

Updated 10/01/19

A person selected for initial appointment or reinstatement may be required to undergo a medical examination at the city’s expense in a manner prescribed by the City for the purpose of determining the person’s physical fitness and ability to perform the essential duties of the position to which appointment or reappointment is being considered. The City will advise the appointed physician concerning any special or unusual physical requirements of the position. With the approval of the City Manager, a Director may require that a current employee successfully undergo a medical examination at City expense, to determine whether the employee’s physical fitness and ability allow the employee to perform the essential duties of the new position.

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