2005-014-RES AUTHORIZING NEW PERSONNEL POLICIES HANDBOOK
RESOLUTION NO. 2005-014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING A NEW CITY OF
PARIS PERSONNEL POLICIES HANDBOOK; REPEALING ALL PRIOR
PERSONNEL POLICIES HANDBOOKS; REPEALING ALL OTHER
RESOLUTIONS OR POLICIES IN CONFLICT THEREWITH; MAKING
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Paris, Paris, Texas, has deemed it appropriale
to implement a new Personnel Policies Handbook for employees; and,
WHEREAS, the City Staff has developed a new Personnel Policies Handbook, following
the prior instructions of City Council with regard to the contents thereof; and,
WHEREAS, the City Council desires to repeal all prior policy handbooks and to adopt the
aforesaid new Personnel Policies Handbook to be effective in accordance with the language of the
handbook itself and as otherwise provided in this resolution; NOW, THEREFORE~
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF P ARlS,P ARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in ;111
things approved.
Section 2. That a new City of Paris Personnel Policies Handbook for employees~ as the
same as attached hereto and for all purposes incorporated herein is Exhibit "A", shall be and is
hereby in all things approved and adopted.
Section 3. That the City of Paris Personnel Policy adopted by City Council on June 27,
1983, as thereafter amended, shall be and is hereby in all things repealed. All other prior
personnel policies, to the extent they are in conflict with the policy adopted hereto, shall be and
are hereby repealed to the extent of said conflict. This repealer shall not affect personnel policies
developed in conformance with Chapter 143 of the Local Government Code, the Municipal Civil
Service Act.
Section 4. That this resolution and the accompanying Personnel Policies Handbook shall
be effective and shall apply to all City employees beginning February 1, 2005, save and except
that where an effective date for a portion of the policy is stated in the policy itself, those effective
dates shall apply.
PASSED AND APPROVED this 24th day of January, 2005.
ATTEST:
~~
Sherian Dixon, Assistant City Clerk
CITY OF PARIS
PERSONNEL POLICIES AND
PROCEDURES
EXHIBIT 1.
FOREWORD
The purpose of the City of Paris Personnel Policy is to provide a consistent guide to personnel
actions involving City employees. It is not intended to create contractual rights regarding
employment or otherwise. It also is not intended to give specific guidelines for every
conceivable personnel action. These guidelines are sufficiently broad to provide the latitude
of discretion that may be needed in individual situations. However, this degree of discretion
shall not be permitted to violate the spirit and intent of the Policy. This Policy should be
referred to regularly when making decisions affecting City personnel. The City Manager may
change or amend these policies within statutory and charter limitations to the extent necessary
to more effectively and efficiently promote the interest of the City.
TABLE OF CONTENTS
SECTION PAGE
1 Introduction 7
1.01 Mission Statement 7
1.02 Objective 7
1.03 Scope 7
2 Equal Opportunity 9
2.01 Equal Opportunity Employer 9
2.02 Sexual Harassment 9
2.021 Definition 9
2.022 Responsibility of Department Heads/
Managers/Supervisors 10
2.023 Responsibility of Employees 10
2.024 Complaint Process 10
3 Hiring Procedures 11
3.01 Vacancy Identification 11
3.02 Announcement of Vacancies 11
3.03 Applications 11
3.04 Interview/Selection 11
3.05 Promotion 12
3.06 Temporary Promotion 12
3.07 Transfers 12
3.08 Non-Disciplinary Demotions 12
3.09 Disqualification of Applicants 13
4 Appointments 14
4.01 Type of Appointments 14
4.02 Relatives 14
4.03 Residence 14
4.04 Medical Examinations 15
4.05 Orientation 15
5 Probation 16
5.01 Purpose 16
5.02 Probationary Period 16
5.03 Status 16
5.04 Termination 16
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SECTION PAGE
6 Performance Evaluation 17
7 Classification 18
7.01 Plan Administration 18
7.02 Position Relocation 18
8 Compensation 19
8.01 Basis 19
8.02 Administration of Range/Salary Schedule 19
8.03 Operating Hours 19
8.04 Overtime 20
8.05 Emergency Duty 20
8.06 Pay/Payment Procedures 20
9 Non-Disciplinary Separations 22
9.01 ResignationIV oluntary Termination 22
9.02 Layoff 22
9.03 Unable to Perform ElF's 22
9.04 Retirement 22
9.05 Procedures 23
9.06 Exit Interviews 23
10 Return to City Employment 24
10.01 Definitions 24
10.02 Veterans 24
10.03 Restoration of Credits 24
11 Safety and Health 25
11.01 Working Conditions 25
11.02 Safety Regulations 25
11.03 Accident Reporting 25
12 Procedures for Grievances and Appeals 26
12.01 Grievance Policy 26
12.02 Representation 26
12.03 Grievance Procedures 26
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SECTION PAGE
13 Personnel Records 28
13.01 Inspection 28
13.02 Changes in Employee Information 28
13.03 Personnel Master File 28
13. 04 Department Personnel File 29
14 Benefits and Services for Employees 30
14.01 Holidays 30
14.02 Compensatory Leave 30
14.03 Vacations 31
14.04 Attendance Holidays 32
14.05 Sick Leave 32
14.06 Family and Medical Leave (FMLA) 33
14.061 Eligibility 33
14.062 Definitions 33
14.063 Leave Requirements 34
14.064 Employees' Responsibility 34
14.065 Department Head/ManagerlSupervisors'
Responsibility 34
14.07 Military Leave 35
14.08 Administrative Leave with Pay 35
14.09 Funeral Leave 35
14.1 0 Authorized Leave Without Pay 36
14.11 Injury Leave 36
14.12 Worker's Compensation 38
14.13 Health Insurance 37
14.14 Life Insurance 37
14.15 Continuation of Health Insurance 37
14.16 Privacy Rule 38
14.17 Retirement Plan 38
14.18 Retiree Health Insurance 38
14.19 Public Safety Officer Health Benefits 38
14.191 Definitions 39
14.192 Coverage 39
15 Employee Conduct 40
15.01 General 40
15.02 Attendance 40
15.03 Work Standards 40
15.04 Political Activities 40
15.05 Code of Ethics 41
15.06 Outside Employment! Activity 42
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SECTION PAGE
15.07 Solicitation 42
15.08 Physical/Mental Fitness 42
15.09 Indefinite Suspension Without Pay
Non-Civil Service 42
15.1 0 Personal Appearance 43
15.11 Use of Tobacco Prohibited 43
15.12 Use of Equipment 43
16 Disciplinary Actions 44
16.01 Purpose 44
16.02 Types of Disciplinary Actions 44
16.03 Basis for Disciplinary Actions 44
16.04 Administration 45
16.05 Standard Disciplinary Action 45
16.06 Disciplinary Action Procedures 45
16.07 Temporary Removal From Workplace 46
17 Controlled Substance and Alcohol Abuse 47
17.01 Scope 47
17.02 Purpose 47
17.03 Background 48
17.04 Definitions 48
17.05 Policy Administration 49
17.06 Employee Responsibilities 49
17.07 General Procedures 50
17.08 Controlled Substance Screening Procedures 53
17.09 Public Safety Employees and Safety-Sensitive Jobs 59
17.10 Drug Awareness Program 61
APPENDIX
63
Attachment 1 - Administrative Guidelines
Attachment 2 - FMLA Forms
Attachment 3 - Privacy Notice
Attachment 4 - Substance Abuse Guidelines,
Checklists, And Forms
64
65
69
74
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SECTION 1- INTRODUCTION
Section 1.01 - Mission Statement
The City of Paris is committed to the efficient delivery of quality services to its citizens. The City
fulfills the mission through personal and organizational commitment to the following values:
. Accountability - accepting responsibility as stewards of public resources and investing pride
in our work;
. Initiative - taking positive action to accomplish our mission;
. Respect - treating each other with understanding and dignity and respecting our differences;
. Development - enhancing our skills and increasing our knowledge to achieve our personal
best;
. Communication - employees sharing and receiving information as appropriate;
. Leadership - inspiring the vision, modeling the way and challenging the process;
. Teamwork - approaching decision-making and problem-solving by involving all employees;
. Continuous improvement - striving to be the best is a way of life.
We believe that our commitment is the foundation of all our endeavors to make our community a
better place now and for future generations.
SECTION 1.02 - Scope
These policies apply to all City employees and will be followed except where they conflict with
contractual obligations, the Charter of the City of Paris, State or Federal Law, or the Rules and
Regulations of the City of Paris Civil Service System.
The City Manager, the City Attorney and the Municipal Court Judge are appointed by the City
Council and serve at the pleasure of the City Council, subject to any Charter provision or contractual
agreements that may exist. Consequently, these employees are not subject to these policies and
procedures insofar as the same are in conflict with Charter provisions or contractual agreements or
other ethical codes relating to such officers.
All positions other than the City Attorney and Municipal Judge serve at the pleasure of the City
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Manager.
The Human Resources Director and/or designee are delegated the responsibility for developing,
administering, and interpreting these personnel policies and procedures as they apply to all
departments and employees, subject to the advice of the City Attorney and review and approval by
the City Manager. The Human Resources Director and/or his designee will advise management in
all areas of personnel administration, including employee management relations, training and career
development and employee health, safety and morale. Department heads and subordinate
management personnel are responsible for enforcing the provisions of these policies and for
cooperating with the Human Resources office on all related matters pertinent to their organizational
units.
Department Heads are responsible for authorizing all personnel actions initiated within their
departments. These actions include, but are not limited to: employee selection, pay adjustments,
merit raises, promotions, demotions, transfers, and separations. Department Heads have overall
responsibility for the administration of discipline within their departments. Such discipline includes,
but is not limited to: employee counseling, verbal warnings, written reprimands, suspensions and/or
dismissal. This in no way diminishes the authority or responsibility of individual supervisors to
maintain order and discipline or to take disciplinary action against employees under their
supervision, nor does it limit the City Manager from ultimate oversight of the individual
departments.
Department heads may establish rules and policies which apply to their department as long
as they are not in conflict with established City rules and policies. For issues covered under
Texas Civil Service laws and City policies, the Civil Service laws will take precedence. In such
situations, Civil Service employees cannot avail themselves of rights or remedies under these
personnel policies and procedures.
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SECTION 2 - EQUAL OPPORTUNITY
SECTION 2.01- Equal Opportunity Employer
In compliance with the state and federal laws including Title VII of the Civil Rights Act of 1964 and
the American with Disabilities Act of 1991, the City is an equal opportunity employer. No person
shall be discriminated against because of race, color, religion, creed, sex, age, national origin,
ancestry, marital status, political affiliation, organization membership, citizenship, veteran's status,
mental or physical disability. Disqualification on the basis of age, sex or physical requirements is
prohibited unless such disqualification constitutes a bona fide occupational qualification or essential
function necessary to proper and efficient administration of a job.
Employees or applicants who need reasonable accommodations due to a disability or feel they have
been the subject of discrimination, should discuss these circumstances with their Department Head
and/or the Human Resources Director or designee.
SECTION 2.02 - Sexual Harassment
The City of Paris is committed to maintaining a work environment free from sexual
harassment for all employees. Business decisions regarding employment, transfers,
promotions or terminations based on an employee's submission or refusal of sexual advances will
not be tolerated.
SECTION 2.021- Definition
Sexual harassment is a form of gender-based discrimination prohibited by Title VII of the
Civil Rights Act of 1964. Sexual harassment is, as defined by the Equal Employment
Opportunity Commission, "unwelcome sexual advances, requests for sexual favors, and
other verbal or physical conduct of a sexual nature when submission to the conduct enters
into employment decisions and/or the conduct unreasonably interferes with an individual's
work performance or creates an intimidating, hostile or offensive work environment."
The two most common forms of sexual harassment are "quid pro quo" and "hostile work
environment." Quid pro quo harassment forces an employee to choose between the job
and the demands being made by the harasser. Hostile work environment harassment
occurs when there is a repeated pattern of verbally abusive, threatening, crude, impolite or
various other types of unprofessional conduct that impairs an employee's ability to
perform a job.
Examples of behavior that may be considered sexual harassment are: telling sexual jokes
or stories, making sexual innuendos, spreading rumors about a person's sex life,
continuous staring at someone, obscene gestures, blocking a person's path, invading a
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person's body space, brushing up against a person, and massaging a person's neck, or other similar
activity.
SECTION 2.022 - Responsibility of Department Heads/Manaeers/Supervisors
Department heads and each level of management are responsible for ensuring that the
City has a work environment free of sexual harassment. Each department head or
manager is to take prompt remedial action when he/she observes behavior that could be considered
sexually harassing. Employees should be counseled with immediately, directed to refrain from such
behavior and provided with consequences if the behavior continues. Counseling sessions should be
documented immediately. Department Heads who fail to address issues of sexual harassment and
violate the City's sexual harassment policies are subject to disciplinary action up to and including
immediate termination.
SECTION 2.023 - Responsibility of Employees
The City does not tolerate sexual harassment. Employees are to refrain from sexually
harassing behavior. Employees who engage in sexual harassment may be disciplined up to
and including immediate termination. Employees who feel they are being sexually harassed should
contact the Human Resources Director or designee immediately or as soon as possible. It is not
required that the employee follow the chain of command in issues related to sexual harassment.
SECTION 2.024 - Complaint Process
Employees who have questions related to sexual harassment or desire to file a sexual harassment
complaint should contact the Human Resources Director or designee.
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SECTION 3 - HIRING PROCEDURES - NON-CIVIL SERVICE
SECTION 3.01- Vacancy Identification
Department heads will notify the Human Resources Director or his designee when vacancies occur
and provide a current job description.
SECTION 3.02 - Announcement of Vacancies
The Director of Human Resources or his designee will publicly announce vacancies to be filled in
City service except for those filled by administrative transfer, temporary promotion or jobs that are
filled by a temporary appointment. Certain promotional level positions may be posted internally.
Jobs will usually be posted for one week. Generally, applications will be accepted for one (1) week
after the announcement is posted or until position is filled. A copy of each job announcement will
be maintained for public inspection.
Like positions that become vacant within 45 days of a posted vacancy may be filled using the same
job announcement.
SECTION 3.03 - Applications
When a vacant position is posted, applications for initial employment will be submitted to the Texas
Workforce Commission. Employees who desire to transfer will submit their request to the Human
Resources Director. In order to ensure that applications or transfer requests are considered they must
be received by the closing date on the job posting. No applicant for employment will be considered
who is less than eighteen (18) years of age except for certain types of temporary employment upon
specific permission from the City Manager. All information submitted in connection with applying
for a City position is subject to verification. Applications of unsuccessful applicants will be kept on
file for a period of two (2) years.
The Human Resources Director or designee and! or Texas Workforce Commission will determine the
most appropriate means of evaluating applications in order to identify the most competitive
applicants to be interviewed.
SECTION 3.04 - Interview/Selection
The Human Resources Director or his designee and the supervisor ofthe vacancy will determine the
most appropriate means of evaluating applicants in order to identify the most qualified applicant.
It is City policy to select the most qualified person available for a position based upon the
knowledge, skills and abilities required to perform the essential functions of the position. An
applicant's knowledge, skills and abilities related to the position for which he/she has applied will
. be judged according to factors such as, but not limited to education, previous experience, personal
interview, performance evaluations, references and test results. Other factors may be considered as
they relate to the applicants' ability to perform the essential job functions.
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An interview Committee, which includes at a minimum, the supervisor of the vacancy and Human
Resources Director or designee, will interview the top applicants and make a selection subject to
approval of the City Manager.
SECTION 3.05 - Promotion Policy
A promotion is the assignment of an employee from a position in one class to a position in another
class having a higher maximum salary. It is City policy to provide promotional opportunities
whenever possible. A selection process may be limited to City employees or such employees may
be given preference in application and/or consideration.
SECTION 3.06 - Temporary Promotions
The City Manager upon recommendation by the Human Resources Officer may authorize a
temporary promotion to ensure proper performance of City functions if a position is vacant or its
regular incumbent is absent for an extended period of time. Temporary promotions will not be used
to circumvent normal selection procedures. Temporary promotions or transfers will not be
construed as a promise of transfer or promotion of the employee when the job is filled through the
regular procedures. Employees involved will not acquire any status , rights or pay in the
classifications to which temporarily promoted or assigned unless it is administratively determined
to be appropriate or necessary.
SECTION 3.07 - Transfers
A transfer is the assignment of an employee from one position to another of equal maximum salary.
A transfer within a department may be effected at any time by a department head for administrative
convenience or upon request of an employee. A transfer to a different department may be made by
the agreement of the department heads with approval of the City Manager and with the affected
employee being given at least one-week notice of the department change.
SECTION 3.08 - Non-disciplinary Demotions
A demotion is the assignment of an employee from a position in one class to a position in another
class having a lower maximum salary. With the approval of the City Manager and if qualified to
perform the duties of the lower position, an employee may be administratively demoted at his or her
own request as an alternative to layoff when hislher position is eliminated. Such demotions will not
be considered disciplinary actions or disqualify the employees involved from consideration for future
advancement. Demotions effected as alternatives to layoffs may be fully or partially rescinded at any
time.
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SECTION 3.09 - Disqualification of Applicants
An applicant may be disqualified from consideration if he or she:
A. Does not meet the minimum qualifications necessary for performance of the duties of the
position involved;
B. Has made a false statement or misleading statement on the application form or supplements
thereto;
C. Has committed or attempted to commit a fraudulent act at any stage of the selection process;
D. Is an alien not legally permitted to work;
E. Extensive criminal background.
An applicant may be disqualified from consideration upon other reasonable grounds related to job
requirements.
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SECTION 4 - APPOINTMENTS
SECTION 4.01- Type of appointments
Appointments are designated either regular or temporary. Regular appointments will ordinarily be
ofindefinite duration and may be made full-time or part-time positions. A full time employee is one
who works an average of forty (40) hours or more per week on a regular and continuing basis. A
part time employee is one who generally works an average of not less than twenty (20) hours per
week on a regular and continuing basis. Such employees are considered to be actively employed as
long as they are drawing compensation for hours worked or paid leave, or are on administrative
leave without payor on unpaid leave taken under the Family Medical Leave Act. Limited term
regular appointments may be made in unusual circumstances. All regular appointments are subject
to the policies governing probation. All City positions are employment-at-will.
The City has exempt and non exempt employees. Exempt employees are those as defined by the
City Manager.
Temporary appointments to regular positions will ordinarily be limited to ninety (90) day terms.
Temporary appointments may also be made for positions requiring seasonal or intermittent
performance. Such appointments will be a specified duration of time and may be for a variable
number of work hours. Jobs that are filled by a temporary appointment do not have to be posted.
SECTION 4.02 - Relatives
Generally, two members of an immediate family will not be appointed to regular full-time positions
in the same division. No employee hired may directly or indirectly supervise or be supervised by
a member of his /her immediate family. For the purpose of this policy, immediate family includes
an employee's spouse, child, parent, brother, sister, father or mother-in-law, sister or brother-in-law
or any relative living in the employee's home.
SECTION 4.03 - Residence
There will be no absolute residence requirements for City employment except as provided by law.
Employees likely to be called to work in cases of emergency are required to respond within thirty
(30) minutes of the Culbertson Plaza, downtown Paris. Employees allowed to operate City vehicles
between their places of residence and work are required to reside within the city or within reasonable
commuting distance as established by the City manager.
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SECTION 4.04 - Medical Examinations
A person selected for initial appointment or reinstatement will be required to undergo a thorough
medical examination at City expense. Employment will be contingent upon successful completion
of the medical examination in relation to the essentialjob functions. The City Manager or designee,
acting on information provided by medical personnel will be the final authority in determining
medical suitability for employment.
SECTION 4.05 - Orientation
An orientation program will be provided by the Department Head or designee upon hiring or when
and employee enters a new position. The orientation program is designed to:
A. Explain the form of City Government and where the employee fits into the chain of
command;
B. Show the facilities and specific work area(s);
C. Explain the specific job duties that the employee will be expected to perform;
D. Discuss the responsibilities of the new job;
E. Discuss contents of the Substance Abuse, Sexual Harassment, Employee Conduct and Use
of Equipment policies and have the employee sign an acknowledgment form.
F. Explain the relationship of the new employee to other employees;
G. Introduce the employee to co-workers;
H. Demonstrate the use of equipment to be used on the job;
I. Explain policies and procedures.
As part of the orientation program, each employee will be given a copy the City of Paris Human
Resources Handbook and will be encouraged to read it carefully. Questions should be directed to
the employee's immediate supervisor, department head or the Human Resources Director or
designee.
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SECTION 5 - PROBATION - NON-CIVIL SERVICE
SECTION 5.01- Purpose
The purpose of the probationary period is to provide the opportunity for the employee to become
adjusted to the new position, to determine if the employee likes the job and to evaluate the
employee's job performance. Department heads and supervisors will use the probationary period
to closely observe and evaluate the employee's work and to encourage adjustment to the job and the
City service. The immediate supervisor and/or department head will frequently discuss job
performance with each probationary employee so that the probationary employee knows ifhis/her
work is satisfactory.
Each employee will be evaluated in accordance with the provisions covering performance evaluation
in Section 6 of these policies.
SECTION 5.02 - Probationary Period
Employees selected for appointment and/or promotion to a regular position must successfully
complete a probationary period of six (6) months. With the City Manager's approval the
probationary period may be extended a maximum of six (6) months.
SECTION 5.03 - Status
Initial probationary employees will be eligible for all benefits and conditions of employment with
the exception of Health and Life Insurance which have a 90 day waiting period. Although
probationary employees accrue vacation leave, they are not eligible to take vacation leave until after
the probationary period. Employees who leave within the first year of employment will not be paid
for vacation leave balances. All personnel procedures, work rules and standards of conduct apply
to probationary employees.
SECTION 5.04 - Termination
A probationary employee may be terminated without prior notice or reason for termination.
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SECTION 6 - PERFORMANCE EVALUATION
THIS SECTION IS UNDER DEVELOPMENT.
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SECTION 7 - CLASSIFICATION - NON-CIVIL SERVICE
SECTION 7.01- Plan Administration
The City's Classification plan is the basis for pay for all employees in the classified system.
Positions are allocated to approved classifications based on organizational structure, job difficulty,
the assignment of duties and responsibilities. The Director of Human Resources or his designee
prepares and administers the Classification Plan subject to policies established by the City Manager
and/or City Council. The Classification Plan is reviewed annually as part of the budget process.
SECTION 7.02 - Position Reclassification
An employee in a position which is reclassified from one classification to another is allowed 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 classification.
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SECTION 8 - COMPENSATION AND OPERATING HOURS
SECTION 8.01- Basics
The Director of Human Resources or his designee will prepare and administer a compensation plan
for City employees subject to required City Manager and City Council approvals. Employees will
be paid salaries or wages in accordance with the Compensation Plan, which may include one or more
salary schedules. In positioning classes or salary schedules, consideration will be given to prevailing
rates of pay among employers, the duties, responsibilities and qualifications required of employees
in the classes and other relevant factors.
SECTION 8.02 - Administration of Ran2e/Salary Schedules (Excludes Civil Service and EMS
Employees),
A. A new employee will normally be compensated at the minimum step of the approved salary
range. In exceptional circumstances, the City Manager may authorize hiring above the
minimum step.
B. A newly promoted employee will ordinarily be compensated at the lowest step of the
approved range, which will provide at least a 2.5% increase in pay over that received in the
previous class. An employee being laterally transferred will ordinarily continue to receive
the same salary and will retain the same eligibility date for pay increase.
C. Individual increases within range may be granted as specified in the Compensation Plan upon
recommendation of department heads, who will give careful consideration to the ability and
performance record of each employee.
D. No employee will be paid more than the rate established in the approved Compensation Plan,
except when an employee whose job was downgraded by reclassification or changes in the
labor market, through no fault of the employee. The employee may continue to receive
hislher former rate of pay until a rate on the new salary range equals or surpasses the current
salary of the employee or the employee's job changes.
E. An employee voluntarily or involuntarily demoted for any reason will be compensated on a
step of the new range as administratively determined.
SECTION 8.03 - Operatin2 Hours (Excludin2 Civil Service and EMS Employees)
City employees normally observe a forty (40) hour workweek. The regular workday begins at 8 :00
a.m. and ends at 5:00 p.m. with a one (1) hour lunch break to be set by department heads between
the hours of 11 :00 a.m. and 2:00 p.m. In order to provide a continuity of service to the public, it is
frequently necessary to deviate from the regular workday. In these cases, each individual department
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head prescribes work hours for the department consistent with the objectives of public service and
the mission of the department's office or activity. The department head, with the approval of the
City Manager, prescribes shifts for those activities that require continual staffing.
Relief periods other than meal time may be granted as work permits. If granted, relief periods are
limited to fifteen (15) minutes, once in the first half of the work shift and once in the second half.
Relief periods are a privilege that will be suspended if they are abused.
Statements regarding normal work days and normal work hours are intended to describe normal
conditions only. They are not a guarantee of hours to be worked and may not be followed in
abnormal conditions.
SECTION 8.04 - Overtime (Excludes Civil Service and EMS Employees)
Overtime work is approved work time in excess of the employee's normal work week. The
employee's Department Head must approve overtime work. Over time work will normally be
authorized only to maintain essential City functions or to accomplish non-routine activities and will
be allocated as evenly as possible among all employees qualified to do the work. Employee requests
to be excused from overtime work may be approved when possible. Department heads have the
discretion to flex employees work schedules in order to prevent accrual of overtime.
At the discretion of the Department Head, employees may elect to receive compensatory leave off or
choose to be paid for overtime worked. Department Heads may flex employees work schedules in
order to prevent compensatory leave accrual. FLSA exempt employees may not accrue compensatory
leave. Employees may not accrue more than 80 hours of compensatory leave. Compensatory leave will
be taken as provided in Section 14.2. If the employee chooses to be paid for overtime work, such pay
will be computed at a rate of one and one-half (11/2) times the employee's regular rate of pay.
Exempt employees do not receive compensation for overtime worked; however they are given some
flexibility in their work schedules.
SECTION 8.05 - Emer~ency Duty
Employees called back to work in emergencies shall be compensated for actual time worked or one
hour whichever is greater. Actual time worked shall be rounded off to the next half-hour.
SECTION 8.06 - Pay/Payment Procedure
The City pays its employees bi-weekly. Employees are required to initial payroll time sheet to indicate
that payroll hours are correct. No employee or other person is allowed to initial payroll sheet for other
employees. Checks are available at each supervisor's office. An employee who wishes to have his/her
check released to another person must make submit a written request.
Questions about payroll errors should be immediately brought to the attention of the employee's
supervisor and Finance Office. Except in extreme circumstances, any payroll errors will be adjusted
in the next pay check.
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Pay for overtime work will be made in the pay period in which the work is done. Payroll deductions
may include Federal taxes, F.l.C.A (Social Security) pension payments, insurance premiums and any
other deduction either required by law or authorized by the Finance Director.
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SECTION 9 - NON-DISCIPLINARY SEPARATIONS
SECTION 9.01- ResipationN oluntary Termination
An employee may leave City service in good standing if performance is satisfactory and he/she
submits a notice of resignation in writing at least ten (10) working days prior to the effective date
of termination. The City Manager may waive any portion of the notice period.
Upon termination, employees must return any and all properties of the City prior to receiving their
last paycheck.
SECTION 9.02 - Layoff
An employee may be laid off at-will. Whenever possible, an employee laid off from one City
department will be transferred to a suitable position elsewhere. At least two weeks notice shall be
given an employee prior to layoff or he/she will be given two (2) weeks severance pay.
Layoffs will be carried out on the basis of demonstrated job performance and efficiency based on the
opinion of the Department Head, with the most proficient employees being retained the longest.
Seniority within City service may 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. Temporary and probationary employees will be laid offbefore regular
employees performing similar duties. Layoffs will not be considered disciplinary actions.
Layoff of Civil Service employees will be governed by Civil Service Rule.
SECTION 9.03 - Unable to perform Essential Job Functions due to a Disablin~ Condition
An employee may be separated due to hislher inability to perform the essential functions of the
position due to a disabling condition. Medical information may be required to make this
determination.
SECTION 9.04 - Retirement
Retirement is defined as no longer being actively employed by the City and receiving a monthly
annuity from Texas Municipal Retirement System (TMRS) or Paris Firefighters Relief and
Retirement Fund(PFRRF). Eligible employees may leave employment in accordance with
applicable programs and laws. Employees who contribute to TMRS are eligible to retire with five
(5) years of service at age 60. Employees are also eligible to retire after twenty (20) years of service
at any age. Employees who contribute to the PFRRF are eligible to retire after 20 years at age 55 or
when years of service plus age equals 80.
23
Revised 01-25-05
SECTION 9.05 - Procedures
Non Disciplinary terminations which include layoffs, excluding voluntary resignation, will be
reviewed and approved by the Human Resources Director or his designee and the City Manager
based on Sections 9.2, 9.3, and 9.4.
SECTION 9.06 - Exit Interviews
Exit interviews will be held with all employees leaving City employment due to resignation,
permanent layoff, retirement and discharge. The Personnel Officer or Department Head will
conduct the exit interview. An employee may refuse to participate in the exit interview without
reprisal.
24
Revised 01-25-05
SECTION 10 - RETURN TO CITY EMPLOYMENT
SECTION 10.01- Definitions
A. Re-employment - A person who provides a two-week notice and resigned in good standing
is eligible for re-employment. An employee will be considered resigning in good standing
ifhe/she is meeting job requirements and was generally following the City's policies and
procedures at the time of resignation. A person who was separated for inability to perform
essential functions of the job due to a disability may be re-employed provided the former
employee is able to perform the essential functions of the job.
B. Reinstatement - A person who was laid off, including former temporary employees separated
upon completion of duties may be routinely reinstated to work if recalled within one year
of termination, otherwise, the employee will be re-employed. An employee reinstated to
work will return with the seniority possessed at the time of layoff.
SECTION 10.02 - Veterans
Employees who leave City Service in good standing to enter on active or reserve duty with the armed
forces of the United States will accrue seniority and be eligible for reinstatement in accordance with
applicable state and federal laws.
SECTION 10.03 - Restoration of Credits
Persons reinstated under Sections 10.1 Band 10.2 with previously earned service or leave credits
for which they did not receive payment at the time of separation will have their credits restored up
to any maximum permitted accumulation, following reinstatement.
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Revised 01.25.05
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SECTION 11- SAFETY AND HEALTH
SECTION 11.01- Workin& Conditions
The City attempts to maintain working conditions that afford employees a reasonable degree of
comfort, protection from injwy or dangerous situations, and assure orderly and efficient perfonnance
of duties.
SECTION 11.02 - Safety Reeulations
Employees are expected to work safely, observe safety regulations, report unsafe conditions and wear
appropriate safety equipment. The City will provide safety equipment when it is deemed necessary
and appropriate. Employees are expected to be familiar with all safety regulations as posted.
Violations of safety regulations and policies could result in disciplinary action up to and including
termination.
SECTION 11.03. Accident Reportine
Any accident no matter how minor is to be reported immediately to the employee's supervisor. A
written accident report is to be filled out by the supervisor. Copies of the accident report must be
submitted to the Department Head, the Human Resources Director and the City Attorney.
Any motor vehicle accident involving damages must be investigated by the police department.
However, any accidents involving only City vehicles with less than $500 in damages do not have to
be investigated by the police department. Any motor vehicle accident that involves a non-City
vehicle or property must also be investigated by the police department regardless of damage.
26
Revised 01-25-05
, .' ",~'~"'.'
SECTION 12 - PROCEDURES FOR GRIEVANCES AND APPEALS (EXCLUDES CIVIL
SERVICE EMPLOYEES)
SECTION 12.01- Grievance Policy
It is the policy of the City to give employees an opportunity to discuss their grievances with their
supervisors in order to find mutually satisfactory solutions as rapidly as possible. In the presentation
of grievances at any level, employees are assured of freedom from restraint, interference,
discrimination or retaliation. Civil Service employees are not subject to this section and rely
exclusively on the remedy set forth in the Civil Service Law.
Any City employee who desires to file a grievance regarding a job related issue that specifically
affects his/her job status, payor employment has the right to file a grievance. Matters of general
policies even as applied to specific employees are not subject to the grievance procedure. The
grievance must be filed within five (5) workdays after the date of the incident or effective date of the
decision in which the employee is appealing. Civil Service employees will follow procedures set
forth in the Civil Service Law.
SECTION 12.02 - Representation
There is no third party representation in a grievance or an appeal.
SECTION 12.03 - Grievance Procedures
A. ORAL REPORT: An employee who has a grievance will first present the grievance orally
to his or her Department Head or designee.
B. WRITTEN REPORT: If the oral grievance presentation fails to settle the grievance, the
employee may within three (3) working days submit a written grievance form to his/her
Department Head. Such grievance must be filed within three (3) working days in order to
be considered. Within ten (10) working days after receiving such grievance, the Department
Head or designee will furnish the employee with a written reply to the grievance.
C. APPEAL TO HUMAN RESOURCES OFFICER: Ifthe written reply to the grievance is not
satisfactory to the employee, the employee may, within three (3) working days after receiving
the response, submit an appeal in writing to the Human Resources Director or his designee.
The Human Resources Director or his designee will confer with the aggrieved employee, the
employee's Department Head and any pertinent witnesses if applicable as determined by the
Human Resources Director or designee before making a recommendation to the City
Manager for a decision.
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Revised 01.25.05
D. If the employee still is not satisfied with the decision, he may appear before the City Manager
at such date and time detennined by the City Manager to discuss grievance. The City
Manager decision rendered after this appearance is final. If the employee is grieving a
tennination, he/she will be placed on administrative leave until there is a final decision.
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Revised 01-25-05
SECTION 13 - PERSONNEL RECORDS
SECTION 13.01- Inspection
Personnel records of all employees are maintained in the Human Resources Office. Each employee
may inspect hislher personnel file as often as necessary. Such inspection must be made during
normal office hours and must be in the presence of a Human Resources staff member. Employees
may obtain copies of information contained in their personnel file and may request that other
information be included in their personnel file.
Employees may designate specific information in their personnel record as private as authorized by
State Law. Medical information maintained on employees by the City is maintained in a separate
medical file and is confidential based on the Health Insurance Portability and Accountability Act.
The Human Resources Office will make every effort to maintain the confidentiality of City personnel
files to the extent that it is allowed by law.
Personnel records for Civil Service employees shall be maintained in accordance with Civil Service
regulations and the Civil Service Act. The Personnel Master File is designated as the Civil Service
Director's file for fire and police employees.
SECTION 13.02 - Chanf:es in Employee Information
Each employee is responsible for notifying the personnel office of any change in the following:
A. Name, address and telephone number of the employee;
B. Name, address and telephone number of person to be notified in case of emergency;
C. Number of dependents to be declared on tax forms;
D. Drivers license Status;
E. Educational degrees or certification;
F. Outside employment (Section 15.6);
G. Job related health or disabilities;
H. Relatives working for City;
I. Beneficiaries in the group life insurance policy;
J. Beneficiaries for death benefits in the retirement plan.
SECTION 13.03 - Personnel Master File
The Personnel Master file is maintained in the Human Resources Office. The following information
is typically included in the Master file:
A. Application forms
B. Disciplinary actions
C. Performance evaluations
D. Payroll information
E. Copies of acknowledgment forms
F. Employee data information sheet
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Revised 01.25.05
SECTION 13.04 - Department Personnel File
The Department Director or his designee maintains the Department personnel file. The following
items should be maintained in the department personnel file:
A. Copies of application forms
B. Conference notes
C. Copies of Payroll information
D. Copies of disciplinary actions
E. Copies of performance evaluations
The Department personnel file should not include medical information. All medical information
should be maintained in the employee's medical file which is maintained in the Human Resources
Office.
30
Revised 01-25-05
.. ',"':"",
SECTION 14 . BENEFITS AND SERVICES FOR EMPLOYEES
SECTION 14.01- Holidays
New Years Day, Martin Luther King's Birthday, Good Friday, Memorial Day, July 4th, Labor Day,
Thanksgiving Day and the Friday following, Christmas Eve and Christmas Day are observed as
official holidays for all City employees in accordance with the following policies:
A. As many employees as possible are given each holiday off consistent with the maintenance
of essential City functions. Except for Civil Service and Emergency Medical Services,
employees in departments whose duties require the conduct of scheduled work on holidays,
receive additional leave days to equal the number of holidays worked. Civil Service and
Emergency Medical Services employees receive holiday leave equal to the number of
holidays worked.
B. Full-time, regular employees are entitled to paid holidays. Part-time regular employees who
would normally have worked on the day of the week observed as a holiday are paid for the
number of hours they would have worked had the holiday not occurred. Temporary
employees are granted unpaid holidays.
C. If a regularly scheduled holiday falls on a Saturday or Sunday, the holiday is taken on a
Friday or Monday respectively.
D. If an employee is absent from work due to illness on the day before or the day after an
authorized holiday, the Department Head may require that the employee present a doctor's
statement confirming the illness, before the employee receives pay for the holiday.
E. An employee on leave of absence without pay status on the scheduled work day immediately
preceding or following a holiday is not paid for the holiday.
F. Employees desiring to observe religious holidays not coinciding with official holidays are
given time off without payor may be authorized to use accrued vacation leave.
SECTION 14.02. Compensatory Leave
Non-exempt employees other than Civil Service and Emergency Medical Services who physically
work in excess of 40 hours in the work week can earn compensatory leave. Civil Service Fire and
Emergency Medical Services staff who physically work more than 212 hours in a 28-day pay cycle
can earn compensatory leave. Civil Service Police staff can earn compensatory leave when they
physically work more than 80 hours in a pay period. Employees who work overtime will earn 1 ~
hours of compensatory leave for each hour worked with a maximum accrual of 80 hours.
Compensatory leave cannot be transferred. Employees should receive prior authorization from
supervisor prior to taking compensatory leave. Employees who terminate employment will be paid
for any compensatory leave balance.
31
Revised 01-25-05
Under the Fair Labor Standards Act (FLSA) certain employees do not have to be paid overtime
compensation. Although exempt employees generally do not receive overtime compensation, they
are allowed some flexibility in their work schedule. Exempt employees who take time away from
the job in excess of one day should report that time as vacation taken for payroll purposes.
SECTION 14.03 - Vacations
Non-Civil Service regular full time employees earn one (1) day of paid vacation per month of
completed employment and become eligible to take accrued vacation upon successful completion
of their probationary period. After the tenth consecutive year of full-time employment, such
employees earn one and one-half (11/2) days of paid vacation per month of completed employment.
Forty (40) days is the maximum number of vacation days that can be carried forward from one fiscal
year to the next.
Part -time regular employees earn paid vacation in the proportion that their regularly scheduled work
period bears to the regularly scheduled work week of full-time employees in the same division or
department.
Vacation leave is administered according to the following policies:
A. Although employees are encouraged to take vacations in full week segments, vacations can
also be taken in units of half-days and whole days.
B. Vacations may be taken at any time during the year. Vacation time, however, must be
scheduled in advance by the Department Head considering the needs of the organization and
the wishes of the employee.
C. Except in extraordinary circumstances, vacation time must be requested at least one week
in advance.
D. Employees being laterally transferred, promoted or demoted retain accrued vacation leave.
E. Vacation leave is not advanced to employees. Vacation leave cannot be transferred.
F. During vacation leave, the employee is paid the equivalent rate of his /her regular salary.
G. If a holiday falls within an employee's vacation time, the leave is not charged to vacation.
H. No employee may accrue more than 40 days of vacation leave.
1. No employee is paid for unused vacation leave if the employee leaves City employment
during the first year of employment. Upon termination, employees in good standing with
more than one (1) year of service but less than ten (10) years of continuous employment, will
32
Revised 01.25.05
be paid for any unused vacation up to a maximum of twenty (20) days. Employees with
more than ten (10) years of service will be paid for any unused vacation up to a maximum
of thirty (30) days.
SECTION 14.04 Attendance Holidays
Interruption of work programs caused by employee absence is costly. In order to encourage work
attendance, certain employees will earn one (1) attendance holiday after the completion of each
quarter of the City's fiscal year subject to the following policies:
A. All qualified employees who have not taken sick leave, military leave, funeral leave, leave
without pay, injury leave or vacation pay in lieu of sick leave during the work quarter will
receive an Attendance holiday.
B. Attendance holidays will be taken after prior approval has been received from the supervisor.
C. Only full time employees are eligible for Attendance holidays.
SECTION 14.05 - Sick Leave
Regular employees are eligible for sick leave with pay after their first full month of service if illness
occurs. Part-time employees receive pro-rated benefits. Temporary employees do not receive sick
leave benefits.
Sick leave is accrued at the rate of one and one-quarter (1 ~) working days for each full month of
employment. A maximum amount of one hundred and thirty-five (135) days of sick leave may be
accumulated against future illness. Sick leave will be allowed in accordance with the following
policies:
A. Sick leave will be granted only for absence from duty because of personal illness or when
needed for illness in the immediate family. Immediate family includes an employee's
spouse, child, parent, father-in-law, mother-in-law or any relative living in the employee's
home. Sick leave for an immediate family member of the employee is limited to five (5)
working days per calendar year for a serious illness. Although an employee can only take
five days of sick leave for an immediate family member they are still eligible for up to 12
weeks of family medical leave for a family member who has a serious health condition in a
rolling 12 month period.
B. Notification of illness and request for sick leave must be made to the supervisor, or as
otherwise provided by department policy, prior to the beginning of the scheduled workday;
or as soon thereafter as possible.
C. The City may request an employee to provide verification of the circumstances surrounding
any use of sick leave. A doctor's statement verifying the illness or injury or a statement
33
Revised 01.25.05
suitable to the department head confirming a legitimate use of sick leave is required for
sick leave in excess of three (3) consecutive days or, any time deemed appropriate by the
.
supervIsor.
D. Pay shall discontinue when authorized leave is exhausted.
E. If an employee becomes ill or injured during vacation, he/she may request that the vacation
be terminated and the time of illness or injury be charged to sick leave.
F. False claims for sick leave are subject to disciplinary action.
G. Sick leave may not be traded for compensatory or vacation time.
H. Sick leave may not be transferred. The City does not maintain a sick leave pool.
1. Maternity leave will be treated like any other illness.
1. Sick leave may not be used while off the job due to a work related injury.
SECTION 14.06 - Family and Medical Leave
The Family and Medical Leave Act (FMLA) requires covered employers (the City is a covered
employer) to provide eligible employees with up to 12 weeks per year ofleave, with protection of
the employee's job and continued medical benefits, for the following qualifying conditions:
A. To care for the employee's newborn son or daughter;
B. Because of the adoption or foster care placement of a child with the employee;
C. To care for the employee's spouse, son or daughter, or parent who has a serious health
condition; or '
D. Because ofthe employee's own serious health condition.
SECTION -14.061- Eli2ibility
Generally, employees are eligible for family and medical leave if they have worked for the City for
at least 12 months and have worked at least 1,250 hours in the previous 12 months. The 12-month
period will be a rolling 12 months which will be measured back from the date that an employee last
uses FMLA leave.
14.062 - Definitions
A. Serious health condition - an illness, injury, impairment, or physical or mental condition
that involves: 1) inpatient care in a hospital, hospice or residential medical facility; 2)
continuing treatment by a health care provider; or 3) any serious health condition that
34 Revised 01-25-05
requires that the employee be absent from the job for more than three (3) consecutive days
and any other intermittent leave of absence due to the serious health condition will be
designated as family medical leave.
B. Parent - the biological parent of an employee or an individual who stood in loco parentis to
an employee when the employee was a child.
C. Son or daughter - a biological, adopted, or foster child, stepchild, legal ward, or a child the
employee is standing in loco parentis, who is under 18 years of age; or 18 years of age or
older and incapable of self.care because of a mental or physical disability.
14.063 - Leave Requirements
Although the law requires that the employee be granted 12 weeks of unpaid leave for a family
medical leave condition, the employer may require that paid leave otherwise provided under the
employer's existing policies be used as a substitution for unpaid leave. This means that any paid sick
leave or vacation leave taken due to a serious health condition will run concurrently with and will
be counted toward the 12 weeks of family and medical leave. Employees cannot utilize sick leave
when they are off the job due to a work related injury; however, the time away from the job due to
a work related injury will be counted as family and medical leave if the injury is considered a serious
health condition. Employees will be allowed to use vacation or holiday leave while off the job due
to a work related injury. The City has opted to require that employees utilize accrued sick leave as
appropriate and vacation leave simultaneously with unpaid leave when it is taken for a family
medical condition. Employees who do not have enough paid leave to cover the duration of their
family medical leave will be granted leave without pay. During the time that the employee is on
family and medical leave, the City will continue to make the regular contribution toward the
employee's insurance premium although paid leave may be exhausted. Compensatory leave should
not be counted toward family medical leave.
14.064 Employee Responsibility
Employees requesting family and medical leave should complete form FMLA-l and provide
completed form FMLA-2 from their health care provider to certify that the employee, employee's
spouse, child or parent has a serious health condition.
14.065 - Department HeadlManaeerlSupervisor's Responsibility
When an employee requests or when the supervisor receives knowledge that the employee is on leave
due to illness of the employee, spouse, child or parent, the supervisor should determine ifthe illness
is considered a family and medical leave condition. Supervisors must designate any paid or unpaid
leave that is taken for a family medical condition as family medical leave. The supervisor and or
35
Revised 01-25-05
Department Head requests that the employee complete form FMLA -1 and provides to the employee
a form FMLA-2 for the physician to complete. The supervisor and or the Department Head
completes form FMLA-3 and gives to the employee to notify the employee of a family and medical
leave condition. Notification must occur immediately but no later that 48 hours after the supervisor
has received notice of a family and medical leave condition and before the employee returns to work.
The beginning leave date will be the first day of leave that the employee took related to the
condition. The supervisor may not designate family medical leave after the employee returns
to work from the family medical condition unless it is a chronic medical condition that has
previously been designated as a family medical condition or the process of securing information to
determine if the illness is a family medical leave condition was initiated before the employee
returned to work.
SECTION 14.07 - Military Leave
Any employee who is called to active duty as a member of the National Guard or a military reserve
unit ofthe United States is entitled to leave of absence rights and reinstatement rights in accordance
with applicable state and federal laws.
SECTION 14.08 - Administrative Leave with Pay
An employee ordered not to report or who cannot report to work because of inclement weather or
disaster may be granted administrative leave with pay by the City Manager.
Employees will be granted sufficient administrative leave with pay when necessary, in order to vote
in an official election, or to take job related license examinations. Employees called for jury and/or
witness service will be granted administrative leave with pay during such service and will retain any
fees paid by the courts. Employees excused or released from jury and/or witness service will report
to their workstation in accordance with departmental instructions if half or more of the day remains.
SECTION 14.09 - Funeral Leave
Upon the death of a member of an employee's immediate family, the employee may receive up to
24 hours per calendar year (three 8 hour work days) off the job to attend the funeral, make any
necessary arrangements, travel to and from the funeral if out of town and/or assist in settling the
estate.
F or purposes of this policy immediate family members include: spouse, child, step-child, parent (or
someone who served in a parent/child relationship with the employee), step-parent, sister, brother,
step-sister, step-brother, grandparent, step-grandparent, parents-in-law, grandchild, step-grandchild,
36
Revised 01-25-05
brother-in-law, sister-in-law, and relatives residing in the employee's home.
37
'r.
Revised 01.25.05
Funeral leave is paid time off. An employee may arrange additional time off with the approval of
his/her Department Head. Any additional time off will be charged to, and limited by any accrued
leave time. Substantiation of an employee's use of funeral leave may be required.
SECTION 14.10 - Authorized Leave Without Pay
Employees may be authorized to take leave without pay for up to three (3) months during a 12 month
period; however in unusual circumstances, the City Manager has the option of approving up to an
additional three (3) months ofleave without pay. Leave without pay may be taken under such terms
and conditions as may be mutually agreeable between the employee, his/her department head and the
City Manager. After exhausting all authorized leave without pay, if the employee is not able to
perform the essential job functions, the employee will be terminated.
A request for such leave must be made in writing to the employee's Department Head. Length of
service, quality of performance, the urgency of need and the City's interest will be considered prior
to approving the request. If an employee is eligible for Family and Medical Leave and has exhausted
all paid leave benefits, leave without pay must be approved.
Fringe benefits accrued at the time of departure will be carried over to the time of return. However,
no fringe benefits will be accumulated during the period of absence.
Employees must notify the department head of his /her intention to return to work from authorized
leave without pay as soon as possible. Not returning to work within three (3) working days after
expiration of a leave of absence is considered a resignation.
SECTION 14.11- Injury Leave
Civil Service employees must be granted injury leave with full pay, for up to one (1) year as required
by Civil Service Law or until the employee is able to return to duty, whichever comes first. Injury
leave applies only to Civil Service Employees.
SECTION 14.12 - Worker's CompensationlReturn to work
Employees who are injured on the job must report the injury to their supervisor immediately but no
later than 24 hours of injury. The supervisor must complete the City of Paris Supervisor's First
Report ofInjury form immediately upon receiving a report of injury from the employee and submit
to the Finance Office.
After an injured employee is off the job for five days and is unable to return to full duty, he/she will
receive Worker's Compensation benefits only, unless the employee elects to
38
Revised 01.25.05
:.:.,:/.'\
supplement Worker's Compensation with paid leave. Worker's Compensation may be supplemented
with all accrued leave with the exception of sick leave. The employee may also choose to use paid
leave, other than sick leave, for the first five (5) days that he/she is off the job. After all vacation,
comp, holiday or attendance holiday leave is exhausted, the employee will receive only Worker's
compensation which will not be paid at 100% of the employee's salary. The supervisor may
periodically require the employee to provide verification of his /her inability to perform the essential
job functions.
The City of Paris is committed to providing a safe place for our employees to work. Our early return
to work program provides opportunities for an employee who is injured on the job to return to work
at full duty. If the injured worker is not physically capable of returning to full duty, the program
provides opportunities to perform his or her regular job with modifications or, when available, to
perform alternate temporary work that meets the injured worker's physical capabilities. When the
manager is considering alternate temporary work, he/she should contact the HR Director or designee
for approval.
SECTION 14.13 - Health Insurance
Health insurance is available to all regular full-time employees. The cost of employees' insurance
benefits will be established by the City Council. This coverage begins (90) days from the date of
employment. The company providing coverage will be made known to employees at the time of
employment. If necessary, the City reserves the right to substitute another carrier with similar
insurance. Complete details on the extent of coverage are available in the Human Resources Office.
Coverage is available for dependents at the employee's expense.
SECTION 14.14 - Life Insurance
Life insurance is available to all regular full time employees. This coverage begins ninety (90) days
from the date of employment. If necessary, the City reserves the right to substitute another carrier
of similar insurance. Complete details of the life insurance will be made available to each employee.
The cost of the premiums for life insurance will be paid entirely by the City.
SECTION 14.15 - Continuation of Health Insurance after Termination
The Consolidated Omnibus Budget Reconciliation Act 1986 (COBRA) gives workers and their
families who lose their health benefits the right to continue group health benefits provided by their
group health plan for limited periods of time under certain circumstances such as voluntary or
involuntary job loss, death, divorce and other life events. Qualified individuals will be required to
pay the entire premium for coverage up to 102 percent of the cost of the plan. Each
employee/dependent losing coverage due to a qualifying life event will receive a COBRA notice.
Employees who are terminated due to gross misconduct are not eligible to receive COBRA benefits.
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Revised 01.25.05
SECTION 14.16. Privacy Rule
Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the City of Paris as
administrator of the City's group health plan, is required to maintain the privacy of employees' protected
health information. Protected health information is individually identifiable health information that is
transmitted or maintained in writing, electronically, orally or by any other means that is created orreceived
by a health care provider, health plan, employer or health care clearinghouse and relates to the past,
present or future physical or mental health condition of an individual. Protected health information
includes but is not limited to information related to a person's participation in the health plan, and the
person's physical or mental health.
Each new employee is provided with a copy of a "Notice of Private Practices," for the City. This notice
details the City's responsibilities, disclosures required by law and the rights of employees or individuals
covered by the City's group health plan as it relates to protected health information. Procedures for how
the City will handle protected health information is covered in the notice. (SEE APPENDIX, Attachment
4)
SECTION 14.17 - Retirement Plan
Employees are covered by two (2) kinds of retirement programs: Texas Municipal Retirement System
(TMRS) and Paris Firefighters' Relief and Retirement Fund (PFRRF). The coverage is provided from
the date of employment for TMRS and from date of Fireman's Pension Board approval for PFRRF.
SECTION 14.18 - Retiree Health Insurance
The City of Paris does not payor share any of the cost associated with dependent health insurance
coverage. Effective November 1,2004, Retirees will pay 10% or $50.00 toward their insurance premium,
whichever is greater. Premiums will be increased in increments of 10% each year up to 50% with
increases being effective the beginning of each fiscal year.
Health insurance is available to all retirees; however current employees who retire on or after October 1,
2004 will have to meet a Rule of 80 in order for the City to share in any ,of the cost of health insurance.
This means that the number of years of service plus the employee's age must equal 80 before the City will
share in the cost of the retiree's insurance premium. Health insurance coverage ends when the retiree
becomes age 65 or in certain circumstances, when the retiree becomes eligible for MedicareIMedicaid.
Employees who are hired on or after October 1, 2004 will have access to the City Group Health Insurance
Plan upon retirement; however, the employee will be responsible for the full cost oftheir health insurance
premium. Health insurance coverage ends when the retiree becomes age 65 or in certain circumstances,
when the retiree becomes eligible for MedicareIMedicaid.
SECTION 14.19. Public Safety Officer Health Benefits
The City of Paris is a recipient of Local Law Enforcement Block Grants; therefore, must comply with the
Public Safety Officers' Health Benefits (PSOHB) provision of Section 1204 of Title 1 ofthe Omnibus
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Revised 01.25.05
Crime Control and Safe Streets Act of 1968, as amended. This provision states that a unit of a local
government must provide the same or better level of health insurance benefits to a public safety officer
who retires or is separated from service, as a direct or proximate result of a personal injury sustained in
the line of duty while responding to a hot pursuit or emergency situation, as the officer was receiving
while on active duty.
SECTION 14.191 Definitions
· Emergency situation is defined as, "any situation in which life or property is in danger."
· Firefighter is defined as, "an individual serving as an officially recognized or designated member
of a legally organized volunteer fire department of an officially recognized or designated public
employee member of a rescue squad or ambulance crew."
· Law enforcement officer is defined as, "an individual involved in crime and juvenile
delinquency control or deduction, or enforcement ofthe laws including, but not limited to police,
correction probation, parole and judicial officers."
· Public agency is defined as, "the United States, any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam,
American Samoa, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern
Mariana Islands, and any territory or possession of the United States, or any unit of local
government, department, agency, or instrumentality of any of the foregoing."
· Public safety officer is defined as, "an individual serving a public agency in an official capacity,
with or without compensation, as a law enforcement officer, firefighter, or rescue squad or
ambulance crew."
SECTION 14.192 - Covera2e
All injuries that are sustained by a law enforcement officer, firefighter, rescue squad or ambulance crew
member as a result of a "hot pursuit" or "emergency situation" that is deemed work related by Worker's
Compensation will be covered under the Public Safety Officers' Health Benefit Provision if the injury
results in the employee retiring or terminating employment.
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SECTION 15 - EMPLOYEE CONDUCT
SECTION 15.01 - General
Employees are expected to use common sense and reasonable judgment in guiding their behavior on the
job. Courtesy, tact and consideration must guide each employee in his/her relationship with fellow
employees and the public.
SECTION 15.02 - Attendance
Employees must be at their places of work in accordance with City and department policies and
regulations. Department heads will establish work schedules and maintain daily employee attendance
records.
SECTION 15.03 - Work Standards
The City requires that each employee conduct himself/herself in a manner that facilitates the effective
accomplishment of the work of the City. Employees are expected to follow any reasonable request made
by his/her supervisor. The employee is expected to observe at all times the requirements of courtesy,
consideration, and promptness in dealing with the public and with persons or organizations having
business with the City and with fellow employees. Employees may not engage in outside activity while
on duty.
Any employee who is arrested for any criminal offense must report such arrest to their department head
within 72 hours of arrest or next report to work, whichever is earlier. An employee who fails to report
an arrest could result in disciplinary action up to and including dismissal.
If work habits, attitude, production and/or personal conduct of any employee fall below appropriate
standards, supervisors should point out the deficiencies at the time they are observed. Counseling and
warning the employee in sufficient time for improvement will ordinarily precede formal disciplinary
action, but nothing herein prevents immediate formal action as provided elsewhere in these policies
whenever the interest of the City requires such action.
SECTION 15.04 - Political Activities
City employees are neither appointed nor retained on the basis oftheir political activity. Employees are
encouraged to vote and are free to express their personal opinions about candidates for office. Except
as may be otherwise provided by law, the following restrictions on political activity will apply to City
employees:
A. Employees must refrain from using their official position or influence for or against any candidate
for public office in any jurisdiction;
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B. Employees may not while on duty or in uniform circulate petitions or campaign literature on
behalf of candidates for City elective office nor may they participate in any other way in
campaigns and elections for City offices;
C. Soliciting or receiving any subscription, contribution, or political service or circulating petitions
or campaign literature on behalf of candidates for public office in any jurisdiction, is prohibited
during working hours or within City facilities;
D. Under no circumstances are City supplies or equipment to be used in connection with any
political campaign;
E. No employee may seek or hold an appointive or elective City office of public trust, partisan office
in any jurisdiction, or any other office where service would constitute a direct conflict ofinterest
with City employment with or without remuneration. Upon announcement of intention to seek
or assume such office, an employee will resign, or, subject to the discretion of the City Manager,
he/she may be permitted to go on leave without pay during the campaign period.
SECTION 15.05 - Code of Ethics
The City requires that each employee conduct business in a manner that reflects high ethical standards
and integrity. The following restrictions apply.
Employees shall not:
A. Accept or solicit, for personal financial gain, any benefit that might reasonably influence them
to act improperly in the discharge of official duties.
B. Use their official positions improperly to secure unwarranted privileges or exemptions for
themselves, relatives or others. This provision does not preclude officers or employees from
acting in a manner consistent with their official duties or from zealously providing public services
to anyone who is entitled to them.
C. Participate in making or influencing any City governmental decision or action in which they
know that they have financial interest distinguishable from that of the public generally or from
that of other employees generally.
D. Use or disclose other than in the performance of their official duties or as may be required by law,
confidential information gained in the course of or by reasons of their positions. This provision
applies to former officers and employees as well as to current employees.
E. Transact any business on behalf of the City with any business entity of which they or their
relatives are officers, agents, or members or on which they or their relatives have a financial
interest.
F. Accept other employment or engage in outside activities incompatible with the full and proper
discharge of their duties and responsibilities within the City, or which might impair their
independent judgment in the performance of their public duty.
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..1',";
G. Accept rewards, gifts or other fonn of remuneration in addition to regular compensation for the
perfonnance of his /her duties except as may be otherwise provided by current law.
H. Use their City title in any advertisement or other endorsement of products unless expressly
authorized to do so by the City Manager.
SECTION 15.06 - Outside Employment/Activity
Outside employment or other activities are pennitted unless it interferes with job perfonnance or presents
a conflict of interest with the duties perfonned as a City employee. Employees must notify and receive
approval from the department head before securing an outside job in addition to their regular job with the
City. A department head granting approval of an outside job, will send a copy of such approval to the
Human Resources Office for inclusion in the employee's personnel file. Employees may not engage in
outside employment while on duty. Department heads who are considering or have ownership,
partnership or interest in an outside business or employment, or are serving on a board of an organization
should disclose this infonnation to the City Manager.
SECTION 15.07 - Solicitation
Solicitation of funds or anything of value for any purpose by employees or outsiders is not pennitted on
the work sites unless specifically authorized by the City Manager. No employee may be required to make
any contribution. No employee may be penalized or rewarded in any way in connection with his/her
employment according to the response to any authorized solicitation.
SECTION 15.08 - Physical/Mental Fitness
It is the responsibility of each employee to maintain the standards of fitness required to perfonn the
essential functions of his /her job. With the approval of the City Manager a department head may require
that an employee undergo a medical or other appropriate physical/mental examinations at the City's
expense to detennine fitness for continued employment or for promotion or other personnel action. A
department head has full latitude to implement a fitness/wellness program to ensure overall physical and
mental well-being of personnel. The department head may establish fitness standards for continued
employment.
SECTION 15.09 - Indefinite Suspension Without Pay Non-Civil Service
Any employee, who is fonnally charged by indictment or infonnation with a felony offense, or a
misdemeanor involving moral turpitude, may be indefinitely suspended by the City Manager without pay,
pending final disposition of such fonnal charges.
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In the event such employee is convicted of such crime, either by entering a plea of guilty or nolo
contendere to this crime or to a lesser offense, or by trial to a judge or jury, he/she may be discharged
from employment by action of the City Manager.
SECTION 15.10 - Personal Appearance
Employees are expected to dress appropriately and to maintain a good general appearance at all times,
regardless of work location and degree of public contact. Employees are expected to:
· Dress in a manner that is appropriate to the job
· Dress safely and exercise good judgement and care in personal grooming
Examples of unsuitable attire include:
· Beach wear items, including foot thongs (excludes pool stafQ
· Tank tops, halter tops, are any tops that exposes any portion of the midriff
· Sun dresses or blouses with spaghetti straps without some type of cover jacket
· Sweatsuits, leggings, or other spandex outfits
The City has designated Friday as casual day; however employees are required to use good judgement
with casual attire. Consideration should be given to meetings with the public, board meetings or other
similar events that occur on casual days.
SECTION 15.11- Use of Tobacco Prohibited
Employees are prohibited from the use of tobacco and tobacco products in city facilities and while in or
operating city vehicles and equipment.
SECTION 15.12 - Use of Equipment
City equipment and facilities must be used in a safe and appropriate manner and only for authorized
official purposes. City equipment includes but is not limited to vehicles, desks, computers, printers,
telephones, facsimiles, copy machines, postage meters. Inappropriate use of City equipment includes
but is not limited to visiting pornographic internet sites, playing games or downloading software off
the internet for purposes unrelated to the job, sending vulgar or sexually explicit emails, spending
excessive amounts of time on the internet for personal use, and unsafe use of city equipment such as
vehicles, mowers, and tractors. Personal and inappropriate use of City equipment is a violation of
City policy. Employees should have no expectation of privacy as it relates to information on City
facilities or stored in or on City equipment. It is the responsibility of the department heads to monitor
and ensure the proper use of such equipment. Department heads may monitor the use of telephones,
e-mail, voice mail, facsimiles, U.S. mail, Internet and other electronic communications which may
include video monitoring in public areas of facilities. Unsafe or inappropriate use of City equipment
or facilities could result in disciplinary action up to and including dismissal.
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SECTION 16 - DISCIPLINARY ACTIONS - NON-CML SERVICE
SECTION 16.01- Purpose
The rules, regulations, policies and benefits set out in the City of Paris Personnel Policies are designed
to help achieve the objectives set out in Section 1.1. Violation of personnel policies unnecessarily
limits the City's ability to achieve these objectives and can create liability. Therefore, any violation
of the City's Personnel Policies could result in disciplinary action up to and including dismissal.
SECTION 16.02 - Types of Disciplinary Actions
Employees are subject to the following potential disciplinary actions based on the nature of the offense:
· Verbal warning to the employee (should be documented but maintained in the
department's personnel file);
· Written warning to the employee with a copy placed in the employee's Master personnel file;
· Denial or delay of individual pay increase or suspension without pay with a copy of the
suspension placed in the employee's Master personnel file; or
· Reduction in pay within approved grade or salary range, demotion or discharge with a copy
of the action placed in the employee's Master personnel file.
When appropriate, progressive discipline will be applied.
SECTION 16.03 - Basis for Disciplinary Actions
Disciplinary action, up to and including termination, may be taken against an employee for job related
improper behavior including but not limited to:
A. Illegal, unethical, abusive or unsafe acts;
B. Violation of City or departmental rules, regulations, policies or procedures;
C. Insubordination, inefficiency, incompetence, neglect or abandonment of duties;
D. Abuse of sick leave, military leave, funeral leave or injury leave;
E. Willful discourtesy while on duty;
F. Tardiness or absence without authorization;
G. Falsification of official documents or records;
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H. Using or being under the influence of drugs or intoxicating beverages on the job;
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I. Using tobacco or tobacco products in City facilities or in City vehicles.
1. Unauthorized use or disclosure of official information;
K. Unauthorized or improper use of official authority;
L. Engaging in non-work related outside activities while on duty;
M. Failure to comply with safety procedures or failure to report any hazardous conditions actions
or practices.
N. Theft, waste, damage, reckless, unauthorized or improper use of City property, equipment or
supplies;
O. Failure to follow a reasonable request made by the supervisor.
SECTION 16.04 - Administration
Department heads in consultation with the Human Resources Office and legal have the responsibility
and the authority to take disciplinary actions including demotion, suspension and discharge as is
appropriate. Any disciplinary action that results in a reduction in the employees salary requires
approval from the City Manager.
Although the Human Resources Office does not maintain a copy of a verbal warning, each
department head maintains a record showing the date and substance of verbal warnings given
employees in his/her department.
SECTION 16.05 - Standard Disciplinary Action
Disciplinary actions will be consistent with the nature of the offense or performance deficiency after
consideration of relevant factors. The employee's previous work history will be taken into
consideration in determining appropriate disciplinary action.
SECTION 16.06-Disciplinary Action Procedures
Supervisors/department heads should ensure that all staff are properly trained and informed of City
policies. During the probationary period the supervisor should identify for the employee, what the
expectations are for performing the job. Once employees are properly trained and the supervisor
identifies that there is a problem with performance or violation of City policies, it should be brought
to the attention of the employee immediately. Employees should be given an opportunity to identify
what is causing the problem. If the causes identified by the employee are related to training, or
having appropriate equipment or supplies, the supervisor should make every effort to remove the
obstacles. If reasons are personal, the employee should be referred to the Employee Assistance
Program. Warnings should be given to the employee of consequences of not performing the job
properly. This information should be documented in conference notes including what the supervisor
has done to alleviate any obstacles to the employee performing his or her job assignment.
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Once the employee has been given proper opportunity to perform the job and the employee continues
to have a problem in performing the job assignment, appropriate disciplinary action maybe taken up
to and including dismissal.
When a supervisor/department head is giving a disciplinary action that would involve a reduction
in salary, the supervisor ensures that the employee's explanation for the employee's failure to
perform or why he/she violated City rules is included in the documentation. The supervisor also
gives the employee one (1) day to submit a written statement as to why he/she thinks that the
disciplinary action should not be taken. After a review of the ~mployee's statement or if the
employee does not submit a statement within one day, the supervisor/department head makes a final
decision and submits hislher documentation to the City Manager for review and approval and
provides a copy of the decision to the employee.
SECTION 16.07 - Temporary Removal from Workplace
If an employee is behaving in a life-threatening or disruptive manner, the supervisor/Department Head
may require the employee to leave the workplace. When the supervisor/department head removes the
employee from the workplace, he places the employee on administrative leave and immediately notifies
the City Manager and the Human Resources Office. The employee will be placed on administrative
leave with pay. The appropriate action will be taken upon the employee's return to work.
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SECTION 17 - CONTROLLED SUBSTANCE AND ALCOHOL ABUSE
SECTION 17.01- Scope
By Resolution No. 99-061, adopted on June 14, 1999, the City Council of the City of Paris, Paris,
Texas, authorized and directed the City Manager to develop and implement (in accordance with the
law) new personnel policies. One of the most important components of a comprehensive personnel
policy is a policy addressing controlled substance and alcohol abuse by employees. Accordingly,
this policy is approved and implemented by the City Manager in accordance with Council's prior
authorization.
This Policy applies to all employees of the City of Paris (the "City"). This Policy also applies to all
potential employees, that is, those individuals who have received a tentative offer of employment
based on successfully completing and passing the controlled substance and alcohol screens of the
City of Paris. All employees will receive a copy of this Policy.
SECTION 17.02 - Purpose
The manufacture, distribution, possession, use, or consumption of controlled substances or alcohol
on the job or being under the influence of controlled substances or alcohol on the job may create
serious risks for the involved employee, fellow employees, the City, and the general public. This
Policy is to assist in the reduction of such risks.
This policy contains provision intended to comply with the requirements of federal and state statutes
(as those statutes apply to municipalities) mandating a drug and alcohol-free workplace. Inaddition,
this policy is intended to bring the City into compliance with the requirements of the V. S.
Department of Transportation (D.O.T.) in accordance with the Omnibus Transportation Employees
Testing Act of 1991 (49 V.S.C. 1421 et seq).
Finally, this policy by its design accommodates the broad range of job positions and employee
responsibilities existing in a city government as diverse as the City of Paris. This policy strikes a
careful balance to protect the constitutional right of privacy for every employee, while at the same
time protecting the employee, his or her coworkers, and the citizens they serve from the effects of
drug and alcohol use in the workplace or elsewhere. Those employees who must carry firearms as
part of their job responsibility or who must operate emergency motor vehicles (even if exempted
from the D.O.T. requirements), or who are involved in positions where sensitive materials, such as
controlled substances, are administered to patients, have a special responsibility to themselves, their
coworkers, and the general public to be drug free at all times. Even the casual use of controlled
substances or alcohol, carried into the workplace, could affect judgment, result in unnecessary and
perhaps avoidable confrontations, cause avoidable and
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Revised 01-25-05
potentially serious motor vehicle accidents, or could jeopardize the very health of those entrusted
to our care, all with serious and potentially life-threatening implications. As a consequence, and in
furtherance of public safety and the protection of the health, safety, and welfare of our employees
and the public they serve, this policy will require random testing, in conformance with D.O.T.
standards, for all employees covered by D.O.T. regulations, and for all public safety employees
(generally, all police, fire, and EMS personnel as defined in this policy). Other employees and
employee candidates will be subject to testing following certain events, or in the circumstances of
reasonable suspicion. The effect of off-duty conduct, and the City's right to search for unauthorized
substances anywhere on City property, in furtherance of the goals of this policy, other policies, and
the laws of this state and this city, are also covered in this policy, Each employee is not only
encouraged, but required, to read and become familiar with this policy.
SECTION 17.03 - Backeround of Policy
The City of Paris acknowledges that its success now, as well as in the future, is dependent upon the
well-being of its employees. Accordingly, it is the City of Paris's right, obligation, and intent to
maintain a safe working environment for all of its employees to protect City property, equipment,
and operations, and to fulfill its obligations to the general public.
SECTION 17.04 - Definitions
A. "IN UNFIT CONDITIONIIMP AIRED" - The employee's behavior and/or ability to work
are affected by a controlled substance or alcohol, or the combination of them, in any
detectable manner.
B. "CONTROLLED SUBSTANCE" - Any drug or controlled substance, the manufacture,
distribution, possession, sale, or consumption of which is illegal, or a prescribed or over-the-
counter drug which is legally obtained but not being used for its intended purpose, or a
prescribed or over-the-counter substance which is legally obtained and used for its intended
purpose but the use of which causes the employee to be impaired or in an unfit condition.
For the purpose of this Policy, the definition of controlled substance shall include, but not
be limited to, all controlled substances, drugs, inhalants, chemical precursors, simulated
controlled substances, volatile chemicals, abusable glues, aerosol paints, and marijuana as
those terms are now or shall hereafter be defined in Title 6, Chapters 481-485 of the Texas
Health and Safety Code, or any successor Code thereto.
C. "REASONABLE SUSPICION" - The belief that an employee has violated the alcohol or
drugs prohibitions, based on specific, contemporaneous, articulable observations concerning
the appearance, behavior, speech, or body odors of the employee.
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D. "MEDICAL REVIEW OFFICER (M.R.O.)" - A licensed physician with knowledge of
substance abuse disorders and training to interpret and evaluate confirmed positive test
results, who is responsible for receiving laboratory results g~erated by the City's Controlled
Substance and Alcohol Screening Program. All test results will be reviewed by an
authorized M.R. O. The City Manager will designate, in writing, to the Personnel Department
those physicians or medical facilities to act as M.R.O. under this Policy.
SECTION 17.05 - Policy Administration
A. CITY PERSONNEL DEPARTMENT. The City Personnel Department shall coordinate
the implementation of this Policy. The Personnel Department shall be responsible for
reporting the conviction of an employee for any drug or alcohol related criminal offense
occurring in the work place within ten (10) days oflearning of such conviction to the agency
or agencies with whom the City has such obligation.
B. DIRECTORS, MANAGERS, AND SUPERVISORS. It is the responsibility of all City
directors, managers and supervisors to act in accordance with and to enforce this Policy.
SECTION 17.06 - Employee Responsibilities
All employees or potential employees of the City of Paris are hereby notified that the manufacture,
distribution, dispensing, possession, or use of a controlled substance or alcohol is prohibited while
an employee is on City property or on City business. This includes reporting for duty after ingesting
any type of controlled substance or alcohol as defined by this Policy. Employees violating these
prohibitions will be subject to disciplinary action up to and including termination as set out in this
Policy. Public safety employees ~d employees performing safety-sensitive functions will be
required to adhere to additional guidelines listed the Appendix, Attachment 4.
It is the responsibility of all City of Paris employees to conduct themselves in a manner consistent
with the letter and spirit of this Policy. It is encouraged that if, at any time, an employee believes
that another employee has entered City property or reported to work in an unfit condition because
of the use or consumption of controlled substances or alcohol, the observing employee report this
action to a supervisor or the Personnel Department.
A. PROHIBITIONS - The use, consumption, possession, purchase, distribution, or sale of a
controlled substance or alcohol while on City business or on City property, except for
prescribed medications with prior supervisory approval, will subject the employee to
disciplinary action up to and including termination. Prohibited activities include:
1. reporting for duty or remaining on duty having used or using alcohol.
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Revised 01-25-05
2. reporting for duty or remaining on duty having used or using any controlled
substance except when the use of such controlled substance is prescribed by a
physician who has advised the employee that the substance does not adversely affect
the employee's ability to safely and successfully perform the essential functions of the
job.
3. refusing to submit to a controlled substance or alcohol test required by this policy.
B. NO EXCEPTION. There shall be no exception to the prohibition of being on City property
or acting on City business while using or possessing a controlled substance or alcohol.
C. OFF-DUTY CONDUCT - The City of Paris reserves the right to take disciplinary action,
up to and including termination, in the event an employee's off-duty involvement with
controlled substances or alcohol is damaging to the City's reputation or business or is
inconsistent with the employee's job duties or when such off-duty conduct results in
impairment of the employee's job performance.
1. Any employee convicted of or pleading guilty to a criminal drug/alcohol statute
violation shall notify his or her supervisor in writing no later than five (5) days
following such occurrence. For purposes of this Policy, a plea of nolo contendere
shall be considered a plea of guilty.
2. Any employee convicted of or pleading guilty to a criminal drug/alcohol statute
violation shall be subject to timely disciplinary action, up to and including
termination.
D. SEARCHES - The City of Paris reserves the right to conduct unannounced searches for
unauthorized substances anywhere on City property, including, but not limited to, lockers,
desks, file cabinets and employees' personal vehicles parked on City parking lots. Personal
property on City premises shall be subject to such searches. All such searches shall be
authorized and conducted under the direction of the City Manager or his designee.
Employees who refuse to cooperate during such unannounced searches shall be subject to
disciplinary action, up to and including termination. Body searches of employees shall not
be conducted by City personnel other than by law enforcement officers in the performance
of their official duties.
SECTION 17.07. General Procedures
A. HIRING - Offers of employment with the City will be tentatively based on successfully
completing and passing the controlled substance and alcohol screens. Any offer of
employment will be nullified if the employee is found to be engaging in the use or
consumption of controlled substances or the abuse of alcohol, unless such controlled
substance is prescribed for the user by a physician, and then only if such controlled
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Revised 01-25-05
substance is being used/consumed for the purpose intended and the employee is able to safely
and successfully perform the essential functions of the position.
B. SCREENING REQUIRED - After a tentative job offer, the incoming employee is required
to consent to and pass controlled substance and alcohol screens to successfully complete the
employment process.
C. PROCEDURES FOR TESTING EMPLOYEES - This section of the Personnel Handbook
describes the City of Paris's controlled substance and alcohol screening procedures. Section
17.9 addresses additional regulations and procedures applicable to public safety employees
and to employees performing safety-sensitive functions. All screenings for alcohol, with the
exception of testing of a severely injured employee for which special testing procedures may
apply, shall be conducted by breath alcohol testing with certified equipment by a certified
technician.
D. TESTING OF EMPLOYEES - Current employees will be tested for controlled substance
and alcohol use under the following circumstances and with the prior approval of the
employee's supervisor:
I. In the event of the involvement of an employee in a vehicular or equipment accident
on the job or on City property whether actively or passively involved; or in the event
an employee sustains an injury on the job or on City property. If an injury is severe
enough to warrant emergency care and hospitalization, a departure from regular
testing procedures may be required. It will be the supervisor's responsibility to
ensure that testing follows City procedure.
2. When the involved employee's behavior or work performance gives reasonable
suspicion to believe the involved employee is affected by the use or ingestion of a
controlled substance or alcohol.
3. To comply with local, state, or federal government laws, ordinances, or regulations.
4. When occupying public safety positions, or when occupying safety-sensitive
positions which require testing in accordance with D.O.T. guidelines on which
Section VIII of the City Policy is based.
E. OCCASIONS FOR REQUIRED TESTING.
1. During the employment process prior to reporting for duty - Before an incoming
employee performs City functions, the employee must submit to controlled substance
and alcohol testing. The controlled substance and alcohol screening will occur after
a conditional offer of employment is made.
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2. Post Accident - Required immediately after an accident as specified in this Section
of the HRS Handbook.
3. Reasonable Suspicion - A supervisor must require an employee to take a test if the
supervisor has reasonable suspicion to believe the employee has violated alcohol or
drug prohibitions. Only one supervisor is required to make the observations
necessary to require the drug or alcohol test. A written record of the observations
must be kept.
a. If controlled substance and alcohol testing is not administered within two (2)
hours of the observation, a written record must be kept stating the reasons for
the delay. Ifit is not administered within eight (8) hours, the supervisor must
cease attempts to administer the test and a written record stating the reasons
for not testing which will be maintained in the Personnel Department.
b. As noted in Section 17.9 of this Policy, all supervisors will receive a
minimum of one (1) hour of controlled substance and alcohol abuse training.
4. Safety Sensitive Employees - As noted in Section 17.9 of this Policy, special
requirements apply to employees occupying safety-sensitive positions.
F. MEDICATION EXCEPTION - Exceptions to the use or consumption of controlled
substances while on City business or on City property may be granted if:
1. the controlled substance is prescribed as a medication for the user by a licensed
physician.
2. the medication is being used in the manner for which it was intended.
3. the employee's ability to safely and successfully perform the essential functions of the
job is unaffected by use of the medication.
4. for medications which may affect the employee's ability to safely and successfully
perform the essential functions of the job, the employee's supervisor is notified in
advance by the employee that the employee will be using the medication.
Notification to the supervisor requires written documentation from the physician
which states how the prescribed medication will affect the employee's ability to
successfully perform the essential functions of the job and if use of the medication
while performing these functions will put the employee, fellow workers, or others in
immediate danger. Based on the physician's recommendations, the supervisor will
then determine ifthe employee may continue to work while taking the medication or
what conditions or restrictions must be placed on the employee while working. This
information will be kept in the employee's medical file in the Personnel Department.
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5. FAILING A TEST -
1. For incoming employees, failure to consent to or pass the required controlled
substance and alcohol screening will be considered just grounds to void the tentative
job offer. Further, individuals failing or refusing to take a controlled substance and
alcohol screen after a tentative job offer will not be reconsidered for employment for
a period of twelve (12) months.
2. Current employees who fail a controlled substance or alcohol screening required in
accordance with this Policy shall be subject to disciplinary action, up to and
including termination.
H. REFUSAL TO TEST - An employee who refuses to undergo a controlled substance or
alcohol screening in accordance with this Policy shall be treated as if the employee failed the
required test.
I. CONFIDENTIALITY OF RESULTS - All controlled substance and alcohol screening
results shall be the private and confidential property of the City of Paris and will not be
shared with anyone except the employee, City supervisory staff with a demonstrated need to
know such information, or as required by a court order, D.O.T. mandates, or to legally
protect the City.
SECTION 17.08 - Controlled Substance and Alcohol Screenine Procedures
The following procedures will be observed in the administration of the controlled substance and
alcohol screening process:
A. EMPLOYEE RESPONSIBILITY - When required to submit to a controlled substance and
alcohol screening the employee will:
1. present identification containing a photograph and will, if physically able, complete
and sign a test authorization form and other paperwork required by the medical
facility.
2. provide a breath sample in accordance with established procedures as required by the
medical facility.
3. provide the medical facility a urine specimen to be divided into two (2) samples.
4. initial each specimen collection bottle or other similar documentation to accompany
the specimen.
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5. along with the attending nurse, initiate "chain of custody" by signing and dating the
Chain of Custody Form and witnessing the processing of the sample containers.
6. where the employee's injuries prevent ordinary sample techniques, submit to a
substitute sample technique such as blood sampling and testing.
B. MEDICAL FACILITY RESPONSIBILITY - The Medical Facility will:
1. perform alcohol testing for all employees in accordance with city, state, and federal
guidelines. Breath alcohol testing will be performed with certified equipment by a
certified technician.
2. perform controlled substance testing for all employees in accordance with city, state
and federal guidelines.
3. immediately implement the steps necessary to ensure test confirmation when initial
test results are positive.
4. perform the collection of an employee's urine sample for controlled substance
screening and, when applicable, the actual initial controlled substance test following
the collection of specimen steps listed below:
a. place one (1) specimen with the original copy of the Test Requisition Form
in a tamper proof chain of custody pouch if forwarding to another facility for
testing. Chain of custody will be maintained internally if the medical facility
performs the initial screening.
b. when necessary, release the patient's first specimen to a courier to deliver
directly to a nationally certified testing facility.
c. retain the second urine specimen (labeled as original specimen) for a
minimum of two (2) weeks as a backup in the event of contamination of the
first sample in transit or any other need for a second examination of the
patient's specimen.
5. for all non-safety sensitive positions, complete an initial controlled substance
screening of the specimen. The initial test will be done in accordance with state and
federal guidelines. Should this test be positive, a confirmation test, the Gas
Chromatography/Mass Spectrometry (GC/MS) test, will be completed by a nationally
certified testing facility.
57
Revised 01.25.05
.. '..S:_, .~.
6. ensure that the following substances are included in the controlled substance testing
process:
Amphetamines Barbiturates Benzodiazepines
Cannabinoids (THC) Cocaine Metabolites Opiates
Phencyclidine (PCP) Propoxyphene Inhalants
7. where the employee's injuries prevent ordinary sample techniques and testing, initiate
a substitute sample technique, such as blood sampling and testing.
8. when conducting testing for non-safety sensitive positions, contact the appropriate
City representative as soon as possible, but in no event later than twelve (12) hours
after receipt of the employee's specimen, with initial test results and, if required,
within forty-eight (48) hours after receipt of the employee's specimen by the testing
facility that will administer the test confirmation.
9. when coordinating testing for safety sensitive positions, contact the appropriate City
representative within forty-eight (48) hours after receipt of the employee's specimen
with initial test results and, if required, within forty-eight (48) hours after the request
for test confirmation.
10. at all times, maintain confidentiality of test results.
C. PERSONNEL DEPARTMENT RESPONSIBILITY - The Personnel Department will:
1. select the medical facility or facilities which will conduct collections and screenings.
2. inform an incoming employee, or when not required to be done by the employee's
supervisor, a current employee, ofthe City's controlled substance and alcohol testing
procedures and require that a CONSENT FORM FOR CONTROLLED
SUBSTANCE AND ALCOHOL TESTING be read and signed prior to sending the
employee for testing.
3. receive the screening results from the medical facility.
4. resolve concerns regarding the medical results of a positive test by:
a. contacting the Medical Review Officer and clarifying any medical questions,
disagreement, or . uncertainty .
b. initiating any required testing of the employee's second specimen.
58
Revised 01.25.05
5. based on test results, advise the appropriate supervisor:
a. whether or not to continue the employment process for an incoming
employee;
b. the impact of the results of the test for a current employee.
6. when necessary, inform the incoming employee:
a. of unacceptable test results and, if requested, provide further information
regarding positive test results;
b. that unacceptable test results dictate that the prospective employee be
ineligible for hiring for a period of twelve (12) months from the date of
testing.
7. ensure confidentiality of test results by:
a. restricting information regarding employee test results to the Personnel
Department and those with a demonstrated need to know such information,
unless legally required to do otherwise;
b. maintaining test results in a secure area of the Personnel Department.
D. SUPERVISORY RESPONSIBILITY. The Supervisor will:
1. whenever required under this Policy, ensure that all controlled substance and alcohol
testing is performed in accordance with the requirements of this Policy.
2. follow the controlled substance and alcohol testing procedures as listed in the
Appendix, Attachment 4, Manager's Guidelines.
3. ensure that once the testing process is initiated, the employee is:
a. prohibited from working or continuing to work.
b. not allowed to drive or operate any motor vehicle.
59
Revised 01.25.05
C'
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c. provided transportation to the designated medical facility. After testing,
arrangements should be made for providing transportation for the employee
to the employee's residence. The employee's opportunity to return to work
before test results are returned shall be at the discretion of the supervisor,
depending on the employee's observed condition or advice of a physician.
4. immediately provide appropriate Personnel Department representatives the identity
of the employee who is being tested and why.
5. not discuss employee testing with other City employees, except on a need-to-know
basis. Unless legally required, no other individuals will be advised of test results.
E. CONSEQUENCES OF TEST RESULTS - The following guidelines will be used to
determine acceptability of test results and procedures to be observed when an employee's
controlled substance or alcohol screening results are unacceptable.
1. All unacceptable alcohol screening results are:
a. based upon levels established by the D.O.T.
1. Breath alcohol test measures between 0 and .02 will be
considered rated passing.
2. Breath alcohol test measures greater than .02 will be
unacceptable and rated failing.
b. automatically reviewed by the Medical Review Officer.
1. When alcohol screening results are unacceptable:
a. Personnel Department representative will notify the supervisor of results.
b. the supervisor will determine appropriate action based on the following
guidelines:
1. Breath alcohol test measures greater than .02 up to but not including
.04:
a. Employee will be sent home on administrative leave with pay
for a minimum of twenty-four (24) hours and must re-test
prior to returning to duty.
60
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l'l, .", I' " , ~ "p'
b. Breath alcohol test measures greater than .02 at re-test require
disciplinary action, up to and including termination.
2. Breath alcohol test measures of .04 or greater require disciplinary
action up to and including termination.
c. the employee may request a blood alcohol test to confirm breath alcohol test
results; however, it must be requested at the time of the breath alcohol
testing.
3. All unacceptable controlled substance screening results are:
a. based upon established levels of intoxication and reported as a pass/fall.
b. automatically reviewed by the Medical Review Officer.
4. When controlled substance results are unacceptable:
a. a Personnel Department representative will:
1. coordinate the test confirmation.
2. notify the supervisor of initial and confirming test results.
b. the supervisor will:
1. immediately put the employee on administrative leave with pay until
written results of the test confirmation are received by the Personnel
Department.
2. upon receipt of a positive confirmation result, determine appropriate
disciplinary action, up to and including termination.
5. When alternative testing results are unacceptable:
The same standards and consequences will apply as for other testing techniques
described in this subsection when test results are determined through a substitute
sampling technique, such as blood testing techniques.
61
Revised 01.25.05
SECTION 17.09 - Public Safety Employees and Safety-Sensitive Positions
A. SCOPE - All public safety employees and all employees who occupy positions that require
a commercial driver's license and the operation of a commercial motor vehicle (even on an
occasional basis), and the performance of one or more safety sensitive functions as defined
herein, shall follow these established standards, in addition to standards set forth in the City's
Controlled Substance and Alcohol Abuse Policy. Personnel Department representatives will
assist directors in identifying covered positions.
B. DEFINITIONS -
1. "COMMERCIAL MOTOR VEHICLE" - A motor vehicle or combination of motor
vehicles used in commerce to transport passengers or property if the motor vehicle:
a. has a gross combination weight of26,00 1 or more pounds inclusive of a towed
unit with a gross vehicle weight rating of more than 10,000 pounds; or
b. has a gross vehicle weight rating of 26,000 or more pounds; or
c. is designed to transport sixteen (16) or more passengers, including the driver;
or
d. is of any size and used in the transportation of hazardous materials requiring
placards.
2. "PUBLIC SAFETY EMPLOYEES" - Employees who meet the following criteria:
a.. employees (including volunteers or reserves working as employees) of the
Police Department and subject to Civil Service under Chapter 143 ofthe Local
Government Code; or
b. employees of the Fire Department and subject to Civil Service under Chapter
143 of the Local Government Code; or
c. employees (including volunteers or reserves working as employees) ofthe Fire
Department actively engaged in providing ambulance or life-saving services,
to include all emergency medical technicians (EMTs), paramedics, and
ambulance drivers.
3. "SAFETY SENSITIVE FUNCTION" - Any of those on-duty functions set forth in
D.O.T. regulations that pertain to City of Paris activities. These include all time:
62
Revised 01-25-05
I ,.' " I, I,' ,~ r, ,
a. inspecting, servicing, repairing, or conditioning a commercial motor vehicle.
b. spent at the driving controls of a commercial motor vehicle.
c. other than driving time, spent on or in a commercial motor vehicle.
d. loading or unloading a commercial motor vehicle; supervising or assisting in
the loading or unloading; attending a vehicle being loaded or unloaded-
remaining in readiness to operate the vehicle; or in giving or receiving receipts
for shipments loaded or unloaded.
C. ADDITIONAL PROHIBITIONS - In addition to prohibitions set forth elsewhere in this
Policy, the following prohibitions shall apply to public safety employees and those employees
performing safety-sensitive functions.
1. Being on duty or operating a commercial motor vehicle while possessing alcohol,
unless the alcohol is manifested and transported as part of a shipment. This includes
the possession of medicines containing alcohol (prescription or over-the-counter),
unless the packaging seal is unbroken.
2. When required to take a post-accident alcohol test, using alcohol within eight (8) hours
following the accident or prior to undergoing a post-accident alcohol test, whichever
comes first.
D. RANDOM TESTING - In addition to those testing requirements set forth in this Policy, the
following requirements shall apply to public safety employees and those employees performing
safety-sensitive functions.
1. Tests will be unannounced and spread throughout the year.
2. A valid random selection method, chosen by Personnel Department representatives,
will be used.
3. During each calendar year, public safety employees and those employees performing
safety-sensitive functions will be tested for alcohol and controlled substances at a
percentage mandated by current D.O. T. guidelines. Currently, these guidelines require
that 25% of employees in safety sensitive positions will be tested for alcohol, 50% of
these employees will be tested for controlled substances. These percentages are subject
to change based on reported violation rate or changes in D.O.T. guidelines. These
same percentages will be applied to public safety employees.
63
Revised 01-25-05
"",I
E. ADDITIONAL TESTING REQUIREMENTS -
1. Public safety employees and employees already performing safety-sensitive functions
who seek promotions or transfers into other public safety or safety-sensitive positions
will be required to submit to controlled substance and alcohol testing as a condition of
transfer or promotion upon selection. An employee who has been tested within the last
twelve (12) months prior to the promotion or transfer will not be required to be tested.
2. Non-public safety employees and employees not performing safety-sensitive functions
who seek promotions or transfers (including reclassifications) into public safety or
safety-sensitive positions will be required to submit to controlled substance and alcohol
testing upon selection.
F. CHANGE OF JOB STATUS - In the event of an employee's promotion, transfer, demotion,
reclassification, or other change of job status, the employee's supervisor shall notify the
Personnel Department of the employee's change of job status and whether or not the employee
will occupy a public safety or safety-sensitive position.
G. RECORD REQUIREMENTS - In addition to records normally maintained regarding testing
facilities, procedures, and results, Personnel Department representatives will:
1. prepare an annual calendar year summary of the results ofits testing program of safety-
sensitive positions, and maintain it for a minimum of five (5) years.
2. if presented with a written authorization from an employee or past employee who is
occupying or has occupied a safety sensitive position, in accordance with D.O.T.
regulations, release information regarding the individual's participation in the City's
controlled substance and alcohol testing program.
SECTION 17.10 - Drue Awareness Proeram
A. There is a Drug Awareness Program for all City employees of the City of Paris.
B. The Personnel Department shall be responsible for:
1. collecting data regarding controlled substance and alcohol abuse;
2. coordinating department/division efforts to present educational materials and provide
training sessions to City employees regarding controlled substance and alcohol abuse
64 Revised 01.25.05
....... ..-",)..
information regarding the City's policy;
3. providing a minimum of two (2) hours of supervisory training on alcohol and drug use
in accordance with D.O.T. guidelines;
4. undertaking other tasks at the direction of the City Manager to increase employee drug
awareness.
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APPENDIX
66
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Attachment 1
Administrative Guidelines
Several benefits authorized in the City of Paris Personnel Polices are provided employees as "days,"
Le., vacation days, holidays, sick leave days. Such benefits are provided in relation to the City's
"nonnal work day." Due to different job demands and staffing procedures, City departments observe
different work/on duty shifts. It is therefore, necessary to adjust "day" benefits to the various work/on
duty shifts in a manner that is uniform and equitable.
A benefit day is equivalent of 20% of a normal workweek and .385% of a normal work year (2080
hours). A benefit "day" will be considered the equivalent of 50% of a normal work/on duty shift for
employees whose workweek is fifty-six (56) hours. This is the equivalent of21.4% of the workweek
and .412% of a work year (2912 hours).
67
Revised 01.25.05
Attachment 2
Form FMLA-l
CITY OF PARIS
F AMIL Y AND MEDICAL LEAVE FORM
REQUEST FORM
TO BE COMPLETED BY THE EMPLOYEE
Employee Name
Department/Division
Reason for request:
o Personal Illness
o Family Illness
o Birth or adoption of a child
If leave is for a family illness, name and relationship of family member:
Duration of leave
I hereby authorize the attending physician to release information required on this leave request.
Signature of employee
Date
Signature of Family Member (if applicable)
Date
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....'::-,..
Form FMLA-2
CITY OF PARIS
FAMILY AND MEDICAL LEAVE
TO BE COMPLETED BY PHYSICIAN
Employee's Name:
Does this employee have a serious health condition? 0 Yes 0 No
Date of onset of condition
Probable duration of incapacity to perfonn the job
Is hospitalization required? 0 Yes 0 No
Will he/she be able to perfonn the essential functions of his /her job? See attached job description.
OYesONo
Is hospitalization required? 0 Yes 0 No
Return to:
City of Paris
Human Resources
P.O. Box 9037
Paris, Tx 75461-9037
Fax: 903 785-8519
Name of Physician (print):
Signature of Physician:
Date
69
Revised 01-25-05
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Form FMLA-3
CITY OF PARIS
FAMILY AND MEDICAL LEAVE
F AMIL Y MEMBER
TO BE COMPLETED BY PHYSICIAN
Employee's Name:
Name of Family Member
Does the family member have a serious health condition? 0 Yes 0 No
Date of onset of condition
Probable duration of incapacity to perform the job
Is hospitalization required? 0 Yes 0 No
Will the patient require assistance for basic medical, hygiene, nutritional needs, safety or
transportation? 0 Yes 0 No
Is the employee's presence necessary to care for the patient? 0 Yes 0 No
If yes, for what period of time?
Return to:
City of Paris
Human Resources
P.O. Box 9037
Paris, Tx 75461-9037
Fax: 903 785-8519
Name of Physician (print):
Signature of Physician:
Date
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Revised 01-25-05
Form FMLA-4
CITY OF PARIS
F AMIL Y AND MEDICAL LEAVE
SUPERVISOR'S FORM
TO BE COMPLETED BY SUPERVISOR AND PROVIDED TO THE EMPLOYEE
Name of Employee
Department:
This is to inform you that:
1. You are 0 eligible 0 are not eligible for leave under the FMLA.
2. The leave that you are taking 0 will 0 will not be counted against your annual FMLA leave
entitlement.
3 . You 0 will 0 will not be required to furnish a medical certification of a serious health condition by
. If certification is not received within 15 days of receiving this notice,
we may delay the commencement of your leave until certification is received.
4. You will be required to substitute accrued sick and vacation leave for unpaid FMLA leave.
5. You 0 will 0 will not be required to furnish us periodic reports every
6. You 0 will 0 will not be required to present a fitness-for-duty certificate prior to being restored to
employment. If such certification is required but not received, you will not be allowed to return to
active duty.
If you are on paid leave, your insurance premium will continue to be deducted from your salary warrant. If
you are on unpaid leave, you should submit your portion of your insurance premium to the Finance
Department no later than the 151 of each month.
Your Family and Medical Leave will begin (mld/yy)
Your FMLA unpaid leave begins (m/d/yy)
and end on
Signature of Supervisor
Date
Signature of Dept. Head
Date
71
Revised 01-25-05
"'-.
. ..., .. . ...,. .
Attachment 3
CITY OF PARIS
Health Insurance Portability and Accountability Act
Notice of Privacy Practices
THIS NOTICE DESCRIBES HOW MEDICAL INFOMRATION ABOUT YOU MAY BE
USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION.
PLEASE REVIEW IT CAREFULLY.
CITY OF PARIS GROUP HEAL T8'S RESPONSIBILITIES
Under the Health Insurance Portability and Accountability Act of 1996 (HIPP A), the City of Paris
(City), as administrator of your group health plan, is required to maintain the privacy of your
protected health information (PHI) and to provide you with notice of its legal duties and privacy
practices with regard to your protected health information. Protected health information is
individually identifiable health information that is transmitted or maintained in writing, electronically,
orally, or by any other means that is created or received by a health care provider, health plan,
employer or health care clearinghouse and relates to the past, present or future physical or mental
health condition of an individual. PHI includes but is not limited to information related to a person's
participation in the health plan, the person's physical or mental health, or the payment of health care
services received by the person.
CHANGES TO NOTICE
The City is required by law to abide by the terms of the privacy notice currently in effect. The City
reserves the right to change its privacy practices and to apply the changes to any protected health
information the City received or maintained prior to the effective date of the change. The City will
notify all city employees and other participants in the City's health plan of any revised notice of
privacy practices. The City will distribute the notice electronically or via regular mail to covered
employees and other participants in the City's health plan before the effective date of any changes.
USES AND DISCLOSURES OF PROTECTED HEALTH INFORMATION
The City may use or disclose protected health information, when permitted or required by law. As
your group health plan administrator, the City must use and disclose protected health information in
order to pay benefits to you and your health care providers. The City uses physical, electronic, and
procedural safeguards to protect your personal information from being used or disclosed
72 Revised 01-25-05
. "" ~ ".,.. . 101 I.
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inappropriately. We may use or disclose your protected health information without your
authorization as follows:
· To health care providers, other health plans and health care clearinghouses for
treatment, payment, and health care operations.
· To a business associate if the business associate needs the information to perform
treatment, payment or health operations on behalf of the City Treatment is the
provision, coordination, or management of health care and related services. An
example of a disclosure of protected health information for treatment is when your
family doctor refers you to a specialist.
Payment includes City activities such as billing, claims management, subrogation, plan
reimbursement, reviews for medical necessity and appropriateness of care, utilization reviews, and
pre-certification of health care services. For example, the City may tell a doctor whether you are
eligible for coverage and what percentage of the bill the City will pay.
Health care operations include quality assessment and improvement, reviewing competence or
qualifications of health care professionals, underwriting, and other activities necessary to create or
renew health plans. It also includes disease management, case management, conducting or arranging
for medical review, legal services, auditing functions including fraud and abuse compliance programs,
business planning and development, business management and general administrative activities. For
example, the City or its business associate may use information from your claims to contact you
regarding health related benefits and services that may be of interest to you.
Health care providers, other health plans, health care clearinghouses, and the City business associates
are all required to maintain the privacy and confidentiality of the protected health information they
receive from the City. All uses and disclosures of protected health information made by the City of
Paris for treatment, payment, and health care operations are kept to the minimum necessary to
accomplish the intended purpose.
OTHER DISCLOSURES PERMITTED OR REQUIRED BY LAW
Protected health information may also be disclosed as follows:
· Directly to you or your personal representative. A personal representative is a person
who has legal authority to make health care decisions on your behalf. In the case of
a child under 18 years of age, your personal representative may be a parent, guardian,
or conservator. In the case of an adult, a personal representative may be a person who
has a durable power of attorney to make health care decisions in the event you are
incapacitated.
73
Revised 01.25.05
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· To the Secretary of the U.S. Department of Health and Human Services to investigate
or detennine the City's compliance with privacy regulations.
· To your family member, other relative, close personal friend, or other person
identified by you that is directly involved in your care. Such disclosures will be
limited to infonnation relevant to the person's involvement in your care and, except
in the case of an emergency or your incapacity, you will be given an opportunity to
agree or to object to the disclosure.
· For public health activities.
· To report suspected abuse, neglect, or domestic violence to public authorities.
. To a public oversight agency.
· When required for judicial or administrative proceedings.
· When required for law enforcement purposes.
· To organ procurement organizations or other organizations to facilitate organ, eye, or
tissue donation or transplantation.
· To a coroner or medical examiner for the purpose of identifying a deceased person,
detennining a cause of death, or other duties required by law.
· To a funeral director when pennitted by law and when necessary for the funeral
director to carry out hislher duties with respect to the deceased person.
· To avert a serious threat to health or safety.
· For specialized government functions, as required by law.
· When otherwise required by law.
· Infonnation that has been de-identified. This means that all individual identifiers have
been removed and it is reasonable to believe that the organization receiving the
infonnation will not be able to identify the person to whom the infonnation belongs.
YOUR RIGHTS REGARDING YOUR PROTECTED HEALTH INFORMATION
You have the right to:
· Request in writing that the City's Privacy Officer not use or disclose your protected
health information for certain purposes, unless the use or disclosure is required by
law. However, since most ofthe uses and disclosures made by the City are necessary
to administer your health plan, the City does not have to agree to your request.
· Request that the City refuse disclosure of your protected health information for any
purpose not included in this notice, unless the City first receives your written
authorization. To be valid, an authorization must include: the name of the person or
organization making the disclosure, the name of the person or organization receiving
the disclosure, specifics on the information that may be disclosed, the purpose of the
disclosure, and an end date or end event. You may revoke any authorization that you
74
Revised 01-25-05
make. A revocation must be made in writing and will not apply to any information
disclosed before the City receives the revocation.
· Request for an accounting of any disclosures of your protected health information
made during the six years prior to receipt of your request. The accounting will not
include any disclosures made for treatment, payment, or health care operations; any
disclosures made directly to you; any disclosures made based upon your written
authorization; any disclosures reported on a previous accounting; or any disclosures
made before April 14, 2004. Generally, the accounting will be provided within 60
days of the date the City's Privacy Officer receives your written request. However,
the Privacy Officer is allowed an additional 30 days if the Privacy Officer notifies
you, in writing, of the reason for the delay and notifies you of the date by which you
can expect the accounting. If you request more than one accounting within a 12
month period, the City may charge a reasonable fee for each additional accounting.
· Request to inspect your PHI records maintained by the City. You may also request
paper copies of this statement or your PHI records. If you request paper copies of
your PHI records, the City may charge a reasonable fee fO,r the copies.
· Request that the City amend your PHI that the City maintains if you find that there
are errors in the record. All requests for amendments must be made in writing to the
Privacy Officer and must include a reason for the amendment. Please be aware that
the City can amend only the information that it creates. If your request is to amend
information that the City did not create, the City will need a statement from the
individual or organization that created the information explaining an error was
made. The City has 60 days after it receives your request to respond. If the City is
not able to respond, it is allowed one 30-day extension. If the City denies your
request, either in part or in whole, the City will send you a written explanation for
the denial. You may then submit a written statement disagreeing with the City's
denial and have that statement included in any future disclosures.
· Request that the City communicate with you or other health plan participants by
another means. For example if you want the City to communicate with you at a
different address we can usually accommodate this request. The request must be
made in writing.
· File a written complaint with the City Privacy Officer at:
City of Paris Health Plan
A TTN: Gene Anderson
P.O. Box 9037
Paris, TX 75460-9037
Or call: 903 784-9241
75
Revised 01-25-05
....... ",'i..' " ,
· File a complaint with the U.S. Department of Health and Human Services at:
U.S. Department of Health and Human Services
Hubert H. Humphrey Building
200 Independence Avenue, S.W.
Washington, D.C. 20201
The City will not retaliate against you for filing a complaint.
As a self-funded entity, your health plan and the City are one and the same. However, the
City is prohibited from using or disclosing any protected health information for
employment-related activities, if the protected heath information was received or created
while the City was acting as your group health plan.
All requests related to privacy notices or protected health information should be made in
writing to the City's Privacy Officer:
City of Paris Health Plan
A TTN: Gene Anderson
P.O. Box 9037
Paris, TX 75460-9037
EFFECTIVE DATE
This privacy notice has an effective date of April 14, 2004.
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Revised 01.25.05
Attachment 4
GUIDELINES FOR HANDLING EMPLOYEES AT WORK
OR ATTEMPTING TO REPORT TO WORK IN VIOLATION OF
THE CONTROLLED SUBSTANCE & ALCOHOL ABUSE POLICY
Supervisory and managerial staff must be alert to detect employee violations of this Policy.
The observed reduced ability to perform work in a safe and productive manner, observed
aberrant behavior, and any detectable amount of alcohol or controlled substances found in
the work place will usually be factors triggering a reasonable cause to believe a violation of
this Policy has occurred or is occurring. Consequently, supervisors and managers will be
trained to identify alcohol and controlled substances, as well as taught the common physical
signs of persons using such substances. The City expects supervisors and managers to act in
accordance with these guidelines when they develop a reasonable good faith belief that a
violation of the Policy has occurred.
In the event of such reasonable good faith belief, supervisors and management officials
should accomplish the following:
A. Address the employee in a reasonable, quiet, and professional manner. DO NOT
USE FORCE. If the employee presents a clear, immediate or substantial risk to the
safety and well-being of the employee or to others, then appropriate action must be
taken to protect that employee and others.
B. Take possession of any suspected contraband in plain view. If the employee refuses
to turn over the suspected contraband, DO NOT USE FORCE, but inform the
employee that continued refusal to do so may be grounds for discharge. Make sure
the employee does not dispose of the suspected contraband, if at all possible. Put any
suspected contraband in clean containers and mark them for future identification
and testing.
C. Escort the employee from the work place to a private office. Never allow the
employee to continue to work.
D. Notify the Division or Department Director and the Personnel Department of the
situation and secure instructions regarding the requiring of a medical
examination/controlled substance and alcohol abuse screening, including the
specifics of such action if same is to be undertaken.
E. If at all possible, have another supervisor present to witness the employee's behavior.
F. Conduct an interview with the involved employee, utilizing the attached Employee
Interview Sheet. During this interview, give the employee a chance to explain the
situation.
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Revised 01-25-05
G. Once the need for reasonable suspicion testing has been established and the decision
to require testing has been made, the Personnel Department is to be notified
immediately. The employee's immediate supervisor will:
1. Arrange for transportation and accompany the employee to the medical
facility for the test.
2. Arrange transportation for the employee from the medical facility to the
employee's home immediately following the test.
3. Advise the employee that the employee will be contacted as soon as reasonably
possible regarding the test results.
H. The supervisor will be responsible for ensuring that screening procedures listed in
the Controlled Substance and Alcohol Abuse Policy are followed.
I. If the employee refuses to consent to controlled substance and alcohol testing, the
employee should be reminded that refusal to test is considered the same as failing the
test. If the employee still refuses to consent to testing, the supervisor will
immediately arrange transportation for the employee to the employee's residence.
The employee will be advised that as soon as a decision is made regarding
employment/disciplinary status, the employee will be contacted.
J. As soon as reasonably possible, and upon receipt of the test results, a Personnel
Department Representative, the Director, Manager and immediate supervisor will
confer as to the appropriate discipline, if any, return to work requirements, or other
appropriate employment status decisions to be implemented. The City Manager
may, at the Manager's discretion, participate in these discussions or review the
decisions made. The employee will be advised accordingly.
78
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I EMPLOYEE INTERVIEW SHEET I
Employee Supervisor
Name: Name:
Dateffime Witness:
Completed: Witness
SUGGESTED QUESTIONS TO ASK WHEN REASONABLE SUSPICION EXISTS
1. Are you feeling ill? Yes No
If yes, what are your symptoms?
2. Are you under a doctor's care? Yes No
If yes, what are you being treated for?
What is your doctor's name and address?
When did you last visit your doctor?
3. Are you taking any medications? Yes No
What medication?
When did you take your last dosage?
Do you have your prescription
in your possession? Yes No
4. Do you have any pre-existing medical problems? Yes No
Are you diabetic? Yes No
Are you taking insulin? Yes No
Do you have low blood sugar? Yes No
Are you epileptic? Yes No
5. Do you have a cold? If yes, are you taking any: Yes No
Pills/medications? Yes No
Cough Medicine? Yes No
Antihistamines? Yes No
6. Are you using any type of drug? Yes No
If yes, what?
7. Did you drink alcohol or an alcoholic beverage today? Yes No
If yes, what?
How much? When did you start?
When did you stop? With whom did J ou drink?
I Supervisor
Employee
Signature: Signature:
I
IW' Witness
Itness
Signature: Signature:
79
Revised 01-25-05
>'",'j
I OBSERVATION CHECKLIST I
I Em:IO~ee: I DeptJDiv.: I
I Check pertinent items. I
1. WALKING: _Stumbling _Staggering _Failing Unable to
_Swaying _Unsteady _Holding on
2. STANDING: _Swaying _Rigid Unable to
_Feet wide apart _Staggering _Sagging at knees
3. SPEECH: _Shouting Silent _ Whispering
Slow _Rambling Mute
_Slurred _Slobbering Incoherent
-
4. DEMEANOR: _Cooperative Polite Calm
-
_Sleepy
_Crying Silent Talkative Excited
-
Sarcastic _Fighting
5. ACTIONS: _Fighting Calm _Drowsy
_Hyperactive Hostile Erratic
-
_Profanity _Threatening _Resisting communications
6. EYES: Bloodshot _Watery Dilated
_Droopy Closed _Glassy
7. FACE: Flushed Pale _Sweaty
-
8. CLOTHING: _Unruly _Messy _Dirty
Neat
(APPEARANCE) _Partially dressed _Having Odor _Stains on clothing
_Bodily excrement stains
9. BREATH: No Alcoholic odor Alcoholic odor
10. MOVEMENT: _Fumbling _Jerky Slow
Nervous _Hyperactive Normal
- -
11. EATING/ Gum _Candy Mints
-
CHEWING: _Other-identify if possible
12. OTHER OBSERVATIONS:
I Supervisor
Employee
Si!nature: I Si.,nature:
In IT' Witness
ate Ime
Completed: Signature:
80
Revised 01.25.05
PROCEDURAL REMINDERS REGARDING
CONTROLLED SUBSTANCE /ALCOHOL ABUSE SCREENING
When an employee is involved in an on-the-job accident involving a vehicle, mobile equipment
(tractors, diggers, etc.), or an injury that is not minor, the employee is required to submit to
and pass a controlled substance and alcohol screening process. When the injury is minor in
nature it is up to the Supervisor to decide if the testing is warranted. Any time an accident
report is completed and the employee involved is not tested, the Supervisor will be required to
include why a test was not required on the report. If more than one employee is involved, both
should be tested. Examples of this would include:
1. An accident involving an Equipment Operator and another employee injured by the
equipment.
2. A motor vehicle accident with both driver and passenger(s). (In the case where a fire
engine or ambulance is involved only those employees in the cab of the vehicle would be
tested.)
If testing is required the supervisor should drive the employee to the testing facility as soon as
possible after the accident. It is MANDATORY that the employee not be allowed to operate
City equipment/vehicles until a negative result has been received. The supervisor can not
physically restrain the employee from driving a personal vehicle however the supervisor can
stronely sueeest
that it is not advisable until test results have been received.
The signed release should be turned into the Personnel Department as soon as testing is
completed. If the accident takes place after hours, the release should be turned in to the
Personnel Department no later than 12:00 noon on the next normal business day.
St. Joseph's Hospital should be utilized for testing in all cases except when the injury is serious
enough that a hospital stay is in order or St. Joseph's Hospital is not available.
If the accident occurs during normal working hours, the testing facility will Administer
appropriate tests, complete testing procedures, and contact the Personnel Department with the
results. A Personnel Department representative will then contact the department/division.
If the accident occurs outside of normal business hours, the employees supervisor should
complete the verbal test results section on the authorization letter to the testing facility. (See
Checklist, Step 5)
CARE SHOULD BE UTILIZED WHEN AUTHORIZING THE RELEASE OF THIS
INFORMATION AND IT SHOULD BE RELEASED ONLY TO SUPERVISORY
PERSONNEL WITH A NEED TO KNOW.
THIS IS CONFIDENTIAL INFORMATION. (See Checklist, Step 5).
81
Revised 01.25.05
',"
CONTROLLED SUBSTANCE/ALCOHOL SCREENING PROCEDURES CHECKLIST
JOB RELATED ACCIDENTS INVOLVING EMPLOYEES
STEP
PROCEDURE
tI
1 In the case of a minor injury, the supervisor determines necessity for
controlled substance/alcohol screening (all accidents involving motor
vehicles/mobile equipment require testing) for employee involved.
2 Supervisor makes sure that the employee does understand the City of Paris's
policy concerning on the job accidents, and the supervisor has a copy of the
policy to review with the employee, if necessary.
(It is imperative that the employee understands that he/she could be terminated
for refusal to test.)
3 Supervisor has employee read the "Informed Consent Release. of Liability
Medical Optimization Form, Consent Form for Substance Testing" and
answers any questions the employee might have. The employee then signs of
the document and includes the date and time. (A consent and release form is
required for each employee tested.)
4 Supervisor transports (except in the case where emergency care is necessary)
the employee to St. Joseph's Hospital. (At no time should the employee be allowed
to drive to the testing facility.)
5 Supervisor completes the authorization sheet. The authorization sheet and the
screening results form are given to the testing facility for completion. (These
forms will be mailed to the Personnel Department after completion.) During
regular business hours (8:00 a.m. - 5:00 p.m., Monday through Friday, excluding
holidays) list the Personnel Department, 784-9243, as contact. After hours or on a
holiday or weekend, request an approximate time it will take to receive test results
and utilize this information to determine which supervisor should be contacted and
be very precise regarding who to contact so that the results can be obtained as
quickly as possible.
6 Supervisor delivers the signed Informed Consent and Release of Liability
Medical Optimization Form to the Personnel Department after leaving the
testing facility. If the accident takes place after hours, the release should be
turned into Personnel no later than 12:00 noon on the next normal business day
**A REM I N DE R - THIS TESTING IS AND MUST REMAIN CONFIDENTIAL
INFORMATION**
82
Revised 01-25-05
ST. JOSEPH'S HOSPITAL
OTHER FACILITY:
DATE:
TIME:
TO: TESTING FACILITY
LETTER OF AUTHORIZATION
CONTROLLED SUBSTANCE AND ALCOHOL SCREENING FORM
This letter will serve as authority to perform a controlled substance and alcohol abuse
screening. Please expedite all testing and report verbal results to contact person listed below.
This document must be received by the testing facility as authorization to administer test, and
testing must be administered within 24 HOURS of date/time listed on this paperwork.
The 24-hour time frame does not apply to post-accident, injury, random, or reasonable
suspicion controlled substance and alcohol screening. Employees must be tested as soon as
possible for post-accident, injury, random screening, and reasonable suspicion. D.O.T.
guidelines must be followed for public safety and safety-sensitive employees and random
screening.
This position is classified as public safety or safety-sensitive (D.O.T.). Yes D
NoD
NAME:
POSITION:
DEPTIDIV:
FOR VERBAL CONFIRMATION OF
RESULTS - TESTING FACILITY
PLEASE CONTACT:
CITY OF PARIS
Name
Screening Authorized By
Contact Number
Title
83
Revised 01.25.05
,. ..:',:...",
EMPLOYEE RECEIPT FORM
CONTROLLED SUBSTANCE AND ALCOHOL ABUSE POLICY
Employee Name:
DivisionlDepartment:
Employee Number:
Supervisor's Name:
By signing this form, I hereby acknowledge that I have received an updated copy of the City of
Paris's Controlled Substance and Alcohol Abuse Policy for employees. I further state that I am
aware that I am required, as an employee of the City, to familiarize myself with and comply with
the terms and provisions of this Policy, and I further state that I understand that this form which I
sign will be placed in my personnel file indicating receipt of the Policy and acknowledging my
responsibility to thoroughly familiarize myself with and comply with the Policy.
Employee Signature
Date
84
Revised 01.25.05
CITY OF PARIS
INFORMED CONSENT AND
RELEASE OF LIABILITY MEDICAL AUTHORIZATION FORM,
CONSENT FORM FOR SUBSTANCE TESTING
I hereby give my consent to a medical examination including, but not limited to, the
collection of a breath, urine, or blood sample to be submitted for an alcohol, drug, and controlled
substance abuse screening tests, in accordance with the City ofParis' s Controlled Substance and
Alcohol Abuse Policy. Further, I hereby consent to the release of the test results to those City
officials who make employment decisious for the City. I understand that any positive result from
such test, which indicates my inability to safely and successfully perfonn the essential functious of
the position for which I am being employed or am currently employed, may preclude my receiving
or continuing employment. I release, relinquish, and remise the City of Paris, its employees,
agents, and representatives, from any and all causes of action or liability which I may have or
which arise out of, or as a result of, the examinations herein authorized. Furthennore, I understand
that my failure to execute this infonned consent will, if I am applying for employment, result in my
not being further considered for employment, and may, if I am currently employed, result in my
discharge.
Signature
Date
Name (please print)
Department/Division
85
Revised 01.25.05
'. ':t,'
LAST NAME:
TEST #
CITY OF PARIS
CONTROLLED SUBSTANCE AND ALCOHOL SCREENING RESULTS
1. All substances listed must be tested and marked as a pass or fail.
2. Contact person listed on authorization sheet with verbal confU'll1ation oC results as soon
as possible.
3. Mail authorization letter and this completed Corm to the City oC Paris Personnel
Department as soon as possible.
4. Positive results require immediate notification oC tbe listed contact person and
automatic confirmation testing.
SUBSTANCE PASS FAIL
ALCOHOL
CANNABINOIDS (CARBOSY- THC)
PHENCYCLIDINE (PCP)
OPIATES
PROPOXYPHENE
AMPHETAMINES
BENZODIAZEPINES
BARBITURATES
COCAINE METABOLITES
INHALANTS
Failure of one or more of the controlled substance and alcohol abuse tests will
disqua~Cy an incoming employee, and may be "Just Cause" Cor discharge of an employee oC
the City of Paris.
[ PASS T l FAIL r II
Specimen fonvarded to second testing facility for GC/MS confirmation:
[ YES T 1 N/A 1 II
DATE
TEST ADMINISTRATOR
TESTING FACILITY
86
Revised 01.25.05