REGULAR MEETING OF THE WOOD VILLAGE CITY COUNCIL May 12, 2020 AGENDA 6:00 P.M. PLEDGE OF ALLEGIANCE 1. Citizen Comments (non-agenda items) 2. Public Safety Report (MCSO) 3. Review of Bills Paid: April 2020 a. Contracts: $2,500 - $50,000 • Measure-Tech Inc. – 2020 Annual Flowmeter Calibrations: $1,645.00 • Kelley Connect – Plotter and Scanner Printer: $15,896.00 • Rose City Blueprint – Building Plan Scanning: $7,000.00 • RH2 Engineering Inc. – Sewer Master Plan Update: $12,225.00 • David Evans & Assoc. – Arata Fence Staking: $6,861.00 4. Consent Calendar a. City Council Minutes • April 16, 2020 • April 21, 2020 • April 28, 2020 5. Resolution 13-2020: IGA with ORPIN – Greg Dirks 6. Resolution 14-2020: Personnel Manual Adoption – Rose Douglass 7. Discussion: 2020 Nite Out Cancellation or Postponement – Rose Douglass 8. Ordinance 3-2020: Municipal Code Amendments for the Qualifications of Board and Commission Members – Greg Dirks 9. Proclamation: Declaration of Public Works Week – John Niiyama ADJOURN The meeting location is wheelchair accessible. This information is available in large print upon request. To request large-print documents or for accommodations such as assistive listening device, sign language, and/or oral interpreter, please call 503-667-6211 at least two working days in advance of this meeting. (TDD 1-800-735-2900). NEXT MEETING: Thursday, May 28, 2020
Transcript
REGULAR MEETING OF THE WOOD VILLAGE CITY COUNCIL
May 12, 2020 AGENDA
6:00 P.M. PLEDGE OF ALLEGIANCE
1. Citizen Comments (non-agenda items)
2. Public Safety Report (MCSO)
3. Review of Bills Paid: April 2020a. Contracts: $2,500 - $50,000
• Measure-Tech Inc. – 2020 Annual Flowmeter Calibrations:$1,645.00
• Kelley Connect – Plotter and Scanner Printer: $15,896.00• Rose City Blueprint – Building Plan Scanning: $7,000.00• RH2 Engineering Inc. – Sewer Master Plan Update:
$12,225.00• David Evans & Assoc. – Arata Fence Staking: $6,861.00
4. Consent Calendara. City Council Minutes
• April 16, 2020• April 21, 2020• April 28, 2020
5. Resolution 13-2020: IGA with ORPIN – Greg Dirks
6. Resolution 14-2020: Personnel Manual Adoption – Rose Douglass
7. Discussion: 2020 Nite Out Cancellation or Postponement – Rose Douglass
8. Ordinance 3-2020: Municipal Code Amendments for the Qualifications of Board and Commission Members – Greg Dirks
9. Proclamation: Declaration of Public Works Week – John Niiyama
ADJOURN The meeting location is wheelchair accessible. This information is available in large print upon request. To request large-print documents or for accommodations such as assistive listening device, sign language, and/or oral interpreter, please call 503-667-6211 at least two working days in advance of this meeting. (TDD 1-800-735-2900).
NEXT MEETING: Thursday, May 28, 2020
Multnomah County Sheriff's OfficeLaw Enforcement Activity Report
Wood VillageApr 1, 2020 to Apr 30, 2020
(30 days in period)
Calls for Service by Call Type24-Month Chart Current 30 Day Period Previous 30 Day Period Previous Year's 30 Day Avg.
Assault 3 2 4.0
Suicide Attempt/Threat 2 3 2.3
Area Check 2 5 4.2
Premise Check 138 63 9.8
Welfare Check 12 15 18.6
Vacation Home Check -- -- 1.9
Extra, Targeted Patrol 7 1 0.2
Traffic Accident 8 16 14.0
Traffic Stop 58 80 164.2
Subject Stop 20 17 35.7
Suspicious Sub/Veh/Cir 23 33 32.0
Burglary 1 2 1.5
Theft 23 38 44.3
Vandalism 2 2 3.2
Stolen Vehicle 4 7 5.5
Vice -- -- 1.6
All Other Call Types 113 96 132.0
Total 416 380 475.2
Calls for Service by Month: 5-Year View
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Self-Initiated Dispatched Trend Line Trend Line Trend for All Calls
May 6, 2020 7:43:03 AM Call types ACASE, INFO, TEST, and disposition codes I, Q, S, X excluded Page: 1 of 3
Multnomah County Sheriff's OfficeLaw Enforcement Activity Report
Wood VillageApr 1, 2020 to Apr 30, 2020
(30 days in period)
Dispatched vs. Self-Initiated Calls for ServiceCurrent 30 Day Period Previous 30 Day Period Previous Year's 30 Day Avg.
Dispatched 159 176 192.6
Self-Initiated 257 204 282.5
Calls for Service by Call Priority (dispatched calls only)Current 30 Day Period Previous 30 Day Period Previous Year's 30 Day Avg.
Administrative 1 6 3.5
P1-2 (Emergency) 32 30 34.5
P3-7 (Non-Emergency) 126 140 154.6
Average Response Time by Call Priority (from dispatched to on-scene)Current 30 Day Period Previous 30 Day Period Previous Year's 30 Day Avg.
May 6, 2020 7:43:03 AM Call types ACASE, INFO, TEST, and disposition codes I, Q, S, X excluded Page: 2 of 3
Multnomah County Sheriff's OfficeLaw Enforcement Activity Report
Wood VillageApr 1, 2020 to Apr 30, 2020
(30 days in period)
Traffic Accidents Reported between Apr 1, 2020 and Apr 30, 2020Date and Time Accident Type Accident Location
Tuesday, Apr 7, 2020 8:48 AM Non-Injury 22400 BLOCK NE GLISAN ST
Wednesday, Apr 8, 2020 5:05 PM Hit & Run NE 242ND DR / NE GLISAN ST
Wednesday, Apr 15, 2020 12:11 PM Hit & Run 22300 BLOCK NE PARK LN
Wednesday, Apr 15, 2020 3:30 PM Hit & Run 1000 BLOCK NE WOOD VILLAGE BLVD
Sunday, Apr 19, 2020 12:17 PM Hit & Run 23500 BLOCK NE HALSEY ST
Saturday, Apr 25, 2020 10:29 AM Non-Injury NE 242ND DR / SW CHERRY PARK RD
Monday, Apr 27, 2020 10:06 AM Non-Injury I84 FWY / NE 238TH DR[WB RAMP
Monday, Apr 27, 2020 5:46 PM Hit & Run NE SANDY BLVD / NE 238TH DR
Community Policing Contacts and Meetings between Apr 1, 2020 and Apr 30, 2020Date and Time Time Spent Contact Type Location
Thursday, Apr 16, 2020 10:28 AM 7 minutes Community Contact 23650 NE SHAMROCK DR
May 6, 2020 7:43:03 AM Call types ACASE, INFO, TEST, and disposition codes I, Q, S, X excluded Page: 3 of 3
Date Location Year Make Model Case # Arrest Made # Arrested
Thu, Apr 2, 2020 22800 BLOCK NE PARK LN 2008 VOLV V70 GO40202015847 No
Sun, Apr 12, 2020 1400 BLOCK NE 223RD AVE 1992 NISS TK GO40202017693 No
Motor Vehicle Theft Report
Multnomah County Sheriff's Office
May 6, 2020 9:53:42 AM Page: 1 of 2
Wood Village
2 3 3
Vehicles Reported Stolen This Period
( Apr 1, 2019 to Apr 30, 2019 )
Same Period Last Year( Mar 2, 2020 to Mar 31, 2020 )
Last Period( Apr 1, 2020 to Apr 30, 2020 )
This Period
Vehicles Reported Stolen
( 30 days in period)
Apr 1, 2020 to Apr 30, 2020
Vehicles Reported Stolen by Month: 5-Year View
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May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr
2015 2016 2017 2018 2019 2020
This Period Last Period Same Period Last Year( Apr 1, 2020 to Apr 30, 2020 ) ( Mar 2, 2020 to Mar 31, 2020 ) ( Apr 1, 2019 to Apr 30, 2019 )
May 6, 2020 9:53:42 AM Page: 2 of 2
Multnomah County Sheriff's OfficeMotor Vehicle Theft Report
Apr 1, 2020 to Apr 30, 2020
Stolen Vehicles Recovered
( 30 days in period)
There were no stolen vehicles recovered during the scope.
Wood Village
0 1 1
Stolen Vehicles Recovered This Period
Stolen Vehicles Recovered by Month: 5-Year View
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0 0 0 0 0 0 0
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2015 2016 2017 2018 2019 2020
5/6/2020 12:55:14 PM Page 1 of 3
Check ReportCITY OF WOOD VILLAGE By Check Number
Date Range: 04/01/2020 - 04/30/2020
Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount
PRESENT: Mayor T. Scott Harden, Council President Patricia Smith, Councilors John Miner, Bruce Nissen, and Brian Loy (remotely), City Attorney Jeff Condit (remotely), City Manager Greg Dirks, Assistant to the City Manager Rose Douglass, Public Works Director John Niiyama, Finance Director Seth Reeser, and all interested parties.
ABSENT: None.
Mayor Harden made some updates to the agenda to block presentations together, moving Levee Ready up to directly after Wetland Design Award and moving APP Adoption to the final matter.
CITIZEN COMMENTS (NON-AGENDA ITEMS): None at this time.
PUBLIC SAFETY REPORT Lieutenant Hakala presented the public safety report. With COVID-19 starting in mid-March, there have been extra patrols and premise checks up through April. Traffic stops are down, and officers are practicing social distancing. Councilor Miner asked if burglaries of closed businesses have increased. Hakala stated that this has not been the case. There is going to be a business premise check that is similar to a vacation home check. Officers will go to the location to inspect and make sure no burglary has taken place. Councilor Miner asked about increased instances of child abuse reports, but that data is not available at this time.
Regarding accidents, the majority of these incidents are on 238th Drive close to I-84. The majority of the accidents are occurring on Sundays between 5:00-6:00pm. It is unknown why this occurs. There were 217 initiated calls for the month of March, which is a reduction from previous months, however, dispatch has increased. Call time is consistent at about three minutes for emergency and five minutes for non-emergency. There were two stolen cars out of Wood Village, both at mobile home parks.
There were no further questions or comments.
REVIEW OF BILLS PAID: March 2020 a. Contracts: $2,500-$50,000
-Riverview CC: Easter Eggs $3,500.00-Multnomah County Transportation: FY20 Road Maintenance $2,638.80-Global: Laptop Installation $2,960.00-Global: Desktop PC with Monitor $8,475.00
CONSENT CALENDAR: A motion was made by Council President Smith, seconded by Council Loy, and passing 5-0 to approve City Council minutes for March 10 and March 26, 2020.
Wood Village City Council April 16, 2020; Page 2
The Wood Village Budget Committee vacancies were appointed with the following individuals:
Charlotte Harden, expiring 04/16/2024 Elvia Silva, expiring 04/16/2024
RESOLUTION 8-2020: Wetland Park Design Award Public Works Director John Niiyama presented the Wetland Park Design for the recently purchased land from the Confederated Tribes of the Grand Ronde. This land was identified in the Parks Master Plan and Resolution 45-2019 authorized the City Manager to purchase the property. The bid opened April 3rd, which was somewhat delayed due to COVID-19 concerns.
The land has a conservation easement, so there are some limitations on design and the City will be working with the design award recipient and Army Corps of Engineers. The total availability for capital for this project is $100,000. Out of this money includes the Gorge Hub project and Hawthorne Trailhead.
The Council can decide to take no action and leave the 4.6 acres. The Council can award the Wetland Park Design to Lando and Associates utilizing Parks capital appropriations in the amount of $25,000. Lastly, the Council can wait until after the budget hearing to make a decision. Staff recommendation is to award the contract to Lando and Associates and complete the design by June 30, 2020.
Counselor Miner asked if the bid would include an engineer’s drawing. Niiyama confirmed that it does. This may include trails, picnic benches, etc. Lando and Associates is located in downtown Portland and they are familiar with the City of Wood Village. Council President Smith commented that there should not be much done to the land. Niiyama agreed that the City wants to keep the area as natural as possible.
Nissen made a motion, seconded by Smith, and passing 5-0 to authorize the City Manager award the contract for Wetland Park Design to Lando and Associates in the amount of $25,000.
RESOLUTION 10-2020: Levee Ready; Temporary Board Appointment Public Works Director John Niiyama shared with Council that the Levee Ready Board purpose is to organize the district and develop methods of fund the operations and the district. This new board started in 2019 as Senate Bill 431 ORS 550 to initiate a temporary board. There are currently four districts in the levee system. There are seventeen members of the board. Twelve are appointed by local governmental jurisdictions and five are appointed by Governor Brown. This will dissolve the original districts and will exist as a collaborative effort of Multnomah County.
Council can appoint a Councilor, a staff member, or choose to surrender their spot on the board and not appoint anyone at all. It is staff’s recommendation to appoint a Council member to this board. Mayor Harden asked why Gresham appointed a staff member to the board. City Manager Dirks stated that it is believe that the board member must reside within the district.
All councilors stated that they believe that Niiyama should be appointed to the board. Councilor Miner asked if the time commitment would take away from work at the City. Miner believes that
Wood Village City Council April 16, 2020; Page 3
tit should be taken into consideration staff’s time commitment to this board when considering to appoint a staff member to the board. Niiyama stated that he will share all information in director’s reports.
Nissen made a motion, seconded by Smith, and passing 5-0 to adopt Resolution 10-2020 appointing John Niiyama to the Levee ready Columbia initial Urban Flood Safety and Water Quality District (WFSWQD) Board.
PRESENTATION: IT Strategic Plan Finance Director Seth Reeser presented the City’s IT Strategic Plan. The primary purpose of this presentation is that here are some projects that will be discussed at the budget meeting next week for council to consider funding.
This plan was part of the Annual Performance Plan. Council wanted staff to have the technology needed to provide service and get a good value out of IT projects and services. Council wanted to continue to use third party providers and endorsed decision-making framework.
There are pros and cons to keep a third-party provider model. There is a lot of expertise in this service, however that expertise is not present in the office on a day to day basis. The focus is to look at the systems currently in place and make sure that the City is getting as much out of these systems as possible. This includes GIS and Microsoft Teams. Staff felt that instead of introducing something new, it is best to properly train what is already in place.
In the next two to three years, there will be a roll out schedule for items. Future evaluations will be discussed including recommending bringing in a third party in 18-24 months to reevaluate. There are several strong generalists in the IT area already on staff that should be recognized. Becky Gallien and Greg Dirks are two of these staff members. It is also important to recognize that someone should come in that is neither staff nor third party provider to come in for an evaluation.
Telecommuting has been occurring in the office for the last two weeks. This has included obtaining VPN licenses, setting up users, price quotes, acquiring new laptops, upgrading seven old machines, and training staff. This was successfully completed in a matter of two weeks.
Some completed IT items include incorporating IT into the annual retreat, outreach to this party providers for planning, VPN option, cloud back up of data, increased speed for temporary location, building permits module evaluation, organization of shared folder, retention evaluation, and server room temperature monitoring.
There will be an RFP for IT and phones. Language needs to be added to clarify level of service. Existing headsets need to be replaced as well once the new City Hall building is up and running. Two capital items identified were to replace the current firewall and Network Attached Service Device (NASD). This would increase security measures and enhance data recoverability.
Tablets will be added for smart-meter reading. The City is looking to acquire above minimum spec tablets for additional functionality that will enable current technology (GIS, shared drive) and evaluate new functionality (online forms). The extra cost involved for tablets is $3,200.00.
Wood Village City Council April 16, 2020; Page 4
Connectivity and Device Management cost is $2,760.00. GIS training is also a focus area for staff, which will show the value of having tablets in the field.
Councilor Loy stated that this is a solid and thought-out plan. It is a balance to try to maximize what is currently in place and to enhance technology to meet the needs of the organization. Councilor Miner agrees that the report is very thorough and well crafted. Reeser discussed several precautions taken during telecommuting and the process to keep the City safe.
Mayor Harden asked if there is something that is costly enough that the City should start budgeting right now? Reeser stated that a lot of money is being spent on City Hall. A lot of funds have been built up over the last six or seven years. There are several items that the City should be saving for and that will be explored after the City Hall project is completed. The item that may be large enough to incur major charges is an accounting system.
There were no further questions or comments.
DISCUSSION: 238th Drive Façade Program Options Assistant to the City Manager Rose Douglass presented a report of different options for the 238th Drive Façade Enhancement Program. The program was initiated by Axis Design Group, which explored different options for enhancing both residential as well as commercial properties along 238th Drive. These options ranged from quick and inexpensive (screening, paint, landscaping) to more long term (redevelopment). Looking at the target area, 238th Drive can be compartmentalized into three zones.
Zone One is the northernmost block of 238th where it meets Halsey Street. These properties are all commercial. It would be difficult to initiate impactful change on a structural scale at this time. Staff believes that these properties will eventually develop regardless of City input, especially as the old City Hall site progresses. There are still some options for beautification in this zone. Options include landscaping, City benches or bike racks, banners or flower baskets on streetlamps, a gateway monument sign, or wayfinding signage.
The southernmost block of the 238th Drive target area is composed of multi-family housing, or Zone Three. Entryway landscaping and signage would have the biggest impact in this section.
The largest section of the 238th Drive target area are the two blocks of single-family residential homes, or Zone Two. These homes have a variety of challenges, needs, and conditions. However, this is also the most feasible zone in terms of meaningful, impactful change to the target area.
Douglass proposed to separate these options into three Phases: Fencing and paving, exterior home improvements, and landscaping.
In Phase One, homes along 238th Drive will have uniform fences installed. The initial concern with fencing was the compromised visibility for drivers exiting driveways onto 238th Drive. By implementing 3-4’ picket fence paneling, this would maximize visibility while giving a uniform, nostalgic neighborhood aesthetic to the street.
Wood Village City Council April 16, 2020; Page 5
This phase would also include paving driveways. There are several options for materials dependent on many variables such as cost, durability, and environmental impact. These options include poured concrete, asphalt, stamped concrete, interlocking porous pavers, and exposed aggregate.
In Phase Two, the focus will be exterior home improvements. This could include exterior paint, replacement of siding or shingles, door and window replacement, and replacing or repainting shutters.
In Phase Three, each home can be landscaped with low-maintenance native vegetation. With prior improvements already completed in Phases One and Two, Phase Three will require minimal changes in order to enhance the neighborhood.
Douglass presented several ways to ensure sustainability of the project. These options included code enforcement, a youth community leadership program, utilizing OSU Extension Master Gardeners, and potential cost-sharing between the City and the homeowners.
The fiscal impact for this project varies dependent on what specific elements are selected. The following costs are associated with the façade program:
• Fencing and Screening: $3,100 per property ($62,000 total) • Paving Driveways: $6,000 per property • Painting House Exteriors: $8,000 per property ($160,000 total without cost-
sharing) • Replace Shutters: $900 per property ($18,000 total without cost-sharing) • Replace Doors and Windows: $800 per property ($16,000 total without cost-
sharing) • Landscaping: $5,500 per property ($110,000 without cost-sharing)
Cost-sharing could be present in many different ways as well. The City could provide total funding, partial funding, reimbursement for projects completed, or low-interest loans could be explored. Additional funding may exist through energy-efficiency incentives and revitalization grants. Council discussed different options and their feasibility. Counselor Loy stated that timing is a concern for this project with COVID-19. The Utility Assistance Program has pulled funds from the Façade Program, so the Façade Program may have to take the back burner for now. Council President Smith agreed to put the project on hold for a while and also talk to residents about their preference. Councilor Miner stated that walkability is the number one concern for the area and to address traffic flow through town. There needs to be a conversation with homeowners to create motivation. This project would also benefit from being incorporated into the Main Streets on Halsey program.
Wood Village City Council April 16, 2020; Page 6
Mayor Harden stated that code enforcement needs to be reevaluated. Harden would prefer to remove Zone One from the program until Main Streets on Halsey is complete. It is also proposed to eliminate Zone Three. In Zone Two, the City should pay for fencing and driveway paving. Councilor Nissen stated that Zone One should be removed and to move Zones Two and Three to the back burner for the time being due to COVID-19. The City should wait for the 238th Drive roadwork to be completed. Zone Two is the most feasible when the time comes, but there should be input from homeowners. Nissen is not in favor of fencing. Councilors unanimously agreed that the program should continue, but that it should be put on hold until COVID-19 restrictions and concerns diminish. RESOLUTION 9-2020: 2020-2021 Annual Performance Plan Adoption City Manager Greg Dirks presented the final draft of the 2020-2021 Annual Performance Plan. The purpose of the plan is to stretch the organization and to explore additional projects for the City. It does not include operation, contracts, policy, finance, personnel, or any other day to day activities.
The APP involves a lot of City Hall projects. Projects span all seven city goals, and several are focused on the new City Hall building and construction. Several other projects span finance, public works, events, and community outreach.
These projects will be highlighted at the Budget Hearing on April 21st.
Miner made a motion, seconded by Loy, and passing 5-0 to approve Resolution 9-2020 adopting the 2020-2021 Annual Performance Plan.
There were no further comments or questions.
DISCUSSION: Remote Meetings due to COVID-19 Mayor Harden discussed the options of continuing remotely. The presence of councilors in chambers may give hope to citizens that things will return to normal. Councilor Miner stated that there are some conflicting ideas in that all of the surrounding cities are moving to remote meetings. Part of the role of councilors is to show that the City is taking the issue seriously.
Council President Smith stated that she does not feel strongly either way. Councilor Nissen stated that the City is setting a good example by distancing themselves throughout the room and not breaking social distancing. Nissen stated that there are no strong feelings either way. Councilor Loy stated that the technology is there to do remote meetings, but the same interactions are not present as when face-to-face with people. If there were Zoom-style meetings, that may change things. Perhaps if there was an alternating schedule for councilors to split attendance, that may be optimal.
DISCUSSION: Noise Complaint City Manager Dirks stated that there is an update on the fan issue as reported earlier in the year. The decibel rating did not vary much when the fans were on versus off. It appears that the majority of the noise was coming from the freeway. The citizens were not happy with this study
Wood Village City Council April 16, 2020; Page 7
and were told that if they could produce a study from a comparable source, that would be taken into consideration.
DISCUSSION: Utility Assistance City Manager Dirks stated that there have been two applicants for the Utility Assistance Program, one resident and one business. Jairo from the City of Fairview raised some concerns that some of the Latinx residents were worried about proof of citizenship. Citizenship is not required for assistance and the City does not need to see any identification. In the coming months, there is an increase anticipated as more outreach is achieved.
ADJOURN: With no further business coming before the Council, the Council adjourned at 8:30pm.
________________________________ T. Scott Harden
Mayor
____________________ Date
ATTEST:
_____________________________ Rose Douglass; City Recorder
Wood Village City Council April 21, 2020; Page 1
WOOD VILLAGE CITY COUNCIL BUDGET COMMITTEE MEETING
April 21st, 2020 MINUTES
PRESENT: Mayor T. Scott Harden, Council President Patricia Smith, Councilors John Miner, Bruce Nissen, and Brian Loy, City Attorney Jeff Condit, City Manager Greg Dirks, Assistant to the City Manager Rose Douglass, Public Works Director John Niiyama, Finance Director Seth Reeser, and all interested parties.
ABSENT: None.
MAYOR HARDEN CALLED THE MEETING TO ORDER AT 6:34pm.
RESOLUTION 11-2020: Supplemental Budget Finance Director Seth Reeser presented that the City Council created a part time employee as contracted Bill Peterson was working on City Hall. It is proposed to move funds from the municipal building fund to personnel services to be able to fund this role.
The second change is also a City Council directive. Due to the COVID-19 outbreak, there was a discussion on the potential responses that could take place to the outbreak. The Council elected to take $140,000 from other areas in the budget to form a Utility Assistance Fund.
The first place the funds were found were in cancelled events and projects that would not take place due to the pandemic. It was originally thought that there would be an extra $26,000 in parks money to reroute to this program. There was money in the 238th Façade program, Events, some administration, and contingency.
There were no questions.
Smith made a motion, seconded by Loy, and passing 5-0 to approve resolution 1-02020, a resolution authorizing the appropriation of contingency in the general fund and municipal building fund and making supplemental appropriations to the fund.
ADJOURN: With no further business coming before the Council, the Council adjourned at 6:42pm.
________________________________ T. Scott Harden
Mayor
____________________ Date
ATTEST:
Wood Village City Council April 21, 2020; Page 2
_____________________________ Rose Douglass; City Recorder
Wood Village City Council April 28, 2020; Page 1
REGULAR MEETING OF THE WOOD VILLAGE CITY COUNCIL
April 28, 2020 MINUTES
PRESENT: Mayor T. Scott Harden, Council President Patricia Smith, Councilors John Miner, Bruce Nissen, and Brian Loy, City Attorney Jeff Condit, City Manager Greg Dirks, Assistant to the City Manager Rose Douglass, Public Works Director John Niiyama, Finance Director Seth Reeser, and all interested parties.
ABSENT: None.
CITIZEN COMMENTS (NON-AGENDA ITEMS): None at this time.
PRESENTATION: Supportive Housing Measure Metro Council Craddick stated that she would like to go over some facts associated with the We Are Here Together campaign to address homelessness. The supportive housing initiative is made up of a group of people in the industry that work with houseless populations to assist in getting their life back in order. This organization approached the Metro Council to be placed on the ballot for financial support for this program. There is a huge homeless crisis in the region and there are camps set up in various locations around the area. Approximately 5,200 people sleep outside or in a homeless shelter every night. There are approximately 7,200 children ages K-12 who are experiencing homelessness as well. The COVID-19 crisis is expected to cause this issue to grow.
The first step of this program is housing. This measure helps construct housing by using money across the three counties as one central agency. These houses are being built for families who are at 60% of the average median income. Houses are also being built for those whose income falls below that. Every family that participates in housing does pay rent, but at a reduced rate. These funds are used to support individuals with mental health and addictions as well who need housing.
Wraparound services are proven to work to help access housing. This program will need funding in the amount of $250 million per year. These programs are focused on people of color, women escaping domestic violence, and children. These funds will come from high-income earners ($200,000 household, $125,000 single). These earners will pay a 1% tax as well as businesses making more than $5 million in gross revenue. Most people will not have to pay the tax as 90% of residents are exempt and 94% of businesses are exempt.
Funds flow through Metro for equitable distribution and accountability purposes. These funds will be distributed to Clackamas, Multnomah, and Washington Counties. The value of having Metro take this on is the oversight. Each County will have to create an implementation plan and file annual reports.
Wood Village City Council April 28, 2020; Page 2
Council President Smith asked about the 60% median income and what that would refer to. Councilor Craddick stated that these are HUD figures and she does not know how they apply specifically. The people who make 30% of the average median income are significantly struggling and funds would be directed to them. Council President Smith stated that those “on the street” are making next to nothing and asked what resources will be directed to them. Councilor Craddick stated that this is a significant problem, so the funds will be used as rental assistance. The individual or family will pay their share and the funds will cover the remainder.
In regard to the business tax, using the gross amount is an indicator as to whether the business pays the tax. The tax itself is on the profit.
Councilor Miner stated that the measure of taxing high earners may not be effective and asked what businesses Metro is working with for support whether it be resources or in-kind support. Councilor Craddick stated that the Portland Business Alliance took the lead on this measure. Councilor Miner stated that this is a very tough time to have this measure on the ballot.
Councilor Loy stated that he has a business that would have to pay the tax, but has a very low profit margin. Councilor Craddick stated that the tax would be 1%. Councilor Loy stated that he would look into moving operations to Washington if this measure passed. Councilor Loy supports assistance to the houseless community through a high-income earner tax. Mayor Harden agreed with Councilor Loy.
There were no further questions or comments.
RESOLUTION 12-2020: Extending the City’s Emergency Declaration City Manager Dirks stated that the City put in an emergency declaration on March 13th. The Oregon State of Emergency was put into place on March 8th and was extended indefinitely. The County has extended their state of emergency until July 9th. The City’s Emergency Declaration suspends standard utility billing protocols such as shut offs for non-payment and late fees. There is limited access to City Hall, the City has enabled work-from-home, Council meetings are done remotely, events have been cancelled, and the City has closed other facilities such as playgrounds.
The resolution extends to the end of the fiscal year, which is June 30th. However, Council could choose to extend the Emergency Declaration indefinitely until it is rescinded. Councilor Miner stated that it would be good to collect data on the businesses who have been behind on utilities. Dirks stated that this is the purpose of the late fee notice with information on utility assistance. This gives the City a good idea of who is planning to reopen or who is currently open.
Councilor Nissen asked if the Emergency Declaration was extended until June and things looked like they were improving, could the City open before that date? Dirks stated yes, any component can be changed based on new information. Nissen asked if there were a limited number of extensions. There are not and it is up to Council’s discretion. Mayor Harden stated that there is no indicator that things are going to slow down, and not certainly by June 30th. By setting a date, there is a chance that people could get false hope and the impression that the life will return to normal on that date.
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Mayor Harden made a motion, seconded by Loy, which did not pass with a vote of 2-3 to approve Resolution 12-2020 extending the Emergency Declaration of March 13,2020 until rescinded.
Nissen made a motion, seconded by Miner, and passing 5-0 to approve Resolution 12-2020 extending the Emergency Declaration of March 13,2020 to June 30, 2020.
DISCUSSION: City Scholarship Program City Manager Dirks presented the Wood Village Opportunity Scholarship. This was brought up in the last fiscal year regarding Wood Village students to provide a scholarship for higher education. Councilor Miner developed framework for potential scholarship recipients.
An application draft was formulated that is very simple to complete and is presented as a fillable PDF form. The student has to be a Wood Village resident, there is a minimum GPA requirement, the student must be an upcoming graduate or completing a GED, and they must have a solid plan to continue their education.
There was $5000 placed into next year’s budget for this program, but this could be split in many ways. The review committee will be made up of the Council and citizen members. Additional elements may include letters of recommendation. The schedule would be to award this scholarship before the fall term.
The program can be advertised in the May newsletter and outreach will be done on the website, social media, and community partners. Lastly, the completion of a FAFSA or Oregon Student Aid application is a mandatory component of the application so that students are aware of financial aid and the student’s financial need is shown as well.
Councilor Miner stated that the application may need to consider other documents due to the family not wanting to complete a FAFSA or Oregon Student Aid application. The remaining members agreed that this is a good program. There was a discussion regarding letters of recommendation and how that would look during the COVID-19 crisis. It may be a challenge to require these documents at this time. The Council selected Mayor Harden and Councilor Miner to make up the committee to finalize the scholarship and application.
There were no further questions or comments.
RESOLUTION 13-2020: Text Amendment Authorization: A Review of Vehicle Oriented Uses City Manager Dirks stated that a text amendment authorization is a process to look at a code amendment. Amendments can only be initiated by the Planning Commission or City Council. There has been interest in reviewing automotive oriented uses within the code. There is the potential to pull out some elements, consider conditional use, and what zones would be appropriate.
Quick vehicle services are drive through repairs, car washes, quick lubes, gas stations, etc. Everything else is classified as vehicle repair. This includes vehicle repair, tire/muffler shops, auto upholstery and detail sales, and other services. In many zones within the City, vehicle repair
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shops are prohibited. This means that businesses like car stereo sales are prohibited from existing in certain zones within the City such as the town center. If approved, it does not change the code. It only gives permission to look at different changes and amendments that could take place. A timeline for this would be a workshop the first part of June with some influence from Main Streets on Halsey. This would be brought to council to approve around August.
There is a Jiffy Lube property that has been vacant in the Town Center for almost two years, which is prohibiting economic growth in the area.
There were no further questions or comments.
Miner made a motion, seconded by Smith, and passing 5-0, to approve Resolution Number 13-2020 directing the City Manager to prepare a text amendment process to the Wood Village Zoning and Development Code considering revisions to the definitions and use categories regarding certain automotive oriented uses.
DISCUSSION: Revisions to City Personnel Policies Assistant to the City Manager Douglass presented the revisions to the Wood Village Personnel Manual. The last time there was a comprehensive review of policies was in 2015. Since then, new Oregon law has come into effect as well as the need to change outdated policies.
Changes were made to sections on Employment and Onboarding to reflect that employees will complete an onboarding session and that employees will be given notice of any changes to the personnel manual policies.
A new system was put into place at the City regarding Pay Equity. To align with Oregon’s Pay Equity laws, the City has created a formula that assigns point values to experience, education, training, and responsibility. This formula will place incoming employees at an appropriate level in their wage range. This is to ensure internal and hiring wage equity. Another statement was added in the section on hiring wages to indicate that wages will be determined through internal wage equity analysis.
New language was added to the section on harassment and discrimination to include that harassment is prohibited by employees, elected officials, members of the community, volunteers, interns, and vendors. The previous policy stated that an employee was prohibited from harassing anyone, but did not explicitly expand that to other individuals that are part of City operations. Language was also added to include that all City employees must complete annual sexual harassment training and designated the City Manager, HR, and any agent on their behalf to receive complaints and conduct investigations of harassment or discrimination.
Regarding accommodations, language was added to specify pregnancy accommodation and religious accommodation.
Telecommuting policy was changed to indicate that the City Manager has the authority to allow employees to telecommute and that employees will have pre-assigned projects and check-ins with their supervisor. The timekeeping policy was also revised to include that there are times that
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an employee must sign and/or verify another employee’s timesheet in the event that they are out of the office or have resigned their position.
A new section was added for rest breaks for the expression of breast milk. A new Oregon law states that organizations must accommodate employees who express breast milk as long as that accommodation does not cause undue hardship to the organization. This policy can extend to the time when the child is 18 months with special circumstances allowing an extension. The employer must provide a private space and employees are able to use a shared refrigerator to store milk when available.
Changes were made to leave policies as well. Vacation time was changed to reflect that approval is on a “first come, first served” basis. When possible, requests for more than three consecutive days should be submitted 14 days in advance. Requests for three days or less should be submitted 48 hours in advance. Other changes to leave policy include removing that sick leave cannot be granted to employees for injury resulting from employment outside the City. Form medical leave, employees must use their accrued leave during otherwise unpaid portions of leave. Employees may take up to five days for Bereavement Leave, however, the City will only pay for three days. The remainder can be paid with other forms of leave or taken as unpaid.
A statement about EAP services was added. The training policy was changed to reflect that employees will generally be paid for their drive time to and from a training site.
Sections were added to Personal Conduct in regard to Ethics and an Open-Door policy. For personal visitors, children, pets, and other visitors may be allowed in City buildings for special events or with prior authorization from the City Manager.
A new section was added to Drug Testing to indicate that if a pre-employment drug screen is positive for an illegal or unauthorized substance, the City reserves the right to deny employment to the individual. If employment continues, the employee may be subject to additional drug screening at any time during the six-month introductory period. Employees who test positive for an illegal or unauthorized substance during their six-month introductory period are subject to disciplinary action up to and including termination.”
The dress and appearance section was changed to include that casual dress is up to the discretion of the City Manager, but that business casual attire for public meetings and outside trainings supersedes any casual dress policy.
There were minor changes to the faxing policy, grievance policy, personal belongings policy, and alarm reporting policy. Finally, all gender-specific pronouns were removed and replaced with gender-neutral pronouns such as “they, their, and them.” Pregnancy, gender identity, genetic information, and domestic violence victim status were all added to protected classes and “sexual preference” was changed to “sexual orientation.”
The Council accepted these revisions and the adoption will be brought to Council by resolution in May.
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PUBLIC WORKS DIRECTOR’S REPORT Public Works Director John Niiyama stated that he would like to commend staff for their persistence during COVID-19 challenges. The Arata Road Fence project is coming along. The public meeting was cancelled, the contract was awarded to Rick’s Custom Fencing, and contact with property owners was delivered through mail.
The initial board meeting for Levee Ready is on May 4th. Niiyama was elected to represent Wood Village on this board. Regarding EMCTC, there have been a lot of COVID-19 updates. ODOT has presented a brief overview on their plan as well.
Shopping cart retrieval has been put on hold at this time. There have been routine ground maintenance and inspections including tree removal and pressure washing at Donald Robertson Park. The basketball court and playgrounds are still closed. Street sweeping was done March 2nd and 3rd and is scheduled for May 11th and 12th.
Wood Village Apartments are coming along. There are daily changes to the area.
In March, there were 44 code enforcement cases with 32 closed. There have been consistent permits issued as well.
Groundskeeper Fred Ramirez retired March 31st and Niiyama and Douglass are working on recruitment. Johnathon Pierce was hired March 31st as the Public Works Administrative Coordinator.
Utility staff have been working “two on, two off.” Starting Monday, May 4th, staff will come back, but will be implementing social distancing and only going one to a vehicle.
Niiyama and Dirks met with the County and discussed the maintenance of the medians on Wood Village Blvd. This program is maintained by incarcerated individuals and the program has been suspended. City staff will be maintaining this area.
Water production has remained consistent. It will be interesting what April brings with production with people in their homes. There was a fire at 238th and Holiday, which is on a public hydrant and is not metered.
There were no further questions or comments.
FINANCE DIRECTOR’S REPORT Finance Director Seth Reeser stated that the City is ¾ of the way through the fiscal year and there are not many changes from last month. Lots of the capital outlay spending projects have begun. Interest rates are declining.
Ordinance 121 passed in April 1976 formalizing the IGA between Multnomah County and the four Cities to share revenue from County-wide Business Income Tax. It was originally set at .6% of business net income within Multnomah County with a minimum distribution of 5.45%. Any revenues in excess of $2.5 million would be shared with Cities at 20% rate.
In the 1986 recession, the County raised the rate and again in 1987. There was a lawsuit to retain the share of revenue already distributed. In 1988, a new revenue sharing agreement was decided.
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In the 1990’s, the collection was consolidated to City of Portland. In 1998, the rate was temporarily raised to support schools.
Since then, there have been some other small changes. Currently, the county had an Ordinance reading on March 12 to increase the rate from 1.45% to 2.00%. The second Ordinance was read on March 19th. The change will be retroactive to January 2020, it doubled the exemption threshold from $50,000 to $100,000.
The amount filtered to Wood Village has decreased over the last 30 years. Approximately $25 million in revenue comes in from non-Portland Multnomah County, of which Wood Village sees about 16%.
Next steps are to engage with the County on revenue shares of new revenues and determine the long-term goals related to Business Income Tax and the IGA with the County. The City will need to follow up on clarifying the IGA as its original intent was to simplify and standardize Business Income Tax collection. East Multnomah County currently makes up ~10.1% of all business income versus 8.5% revenue shared.
Council President Smith asked if the four Cities could come together to change the outcome. City Attorney Jeff Condit stated that some research was done on the original income tax Ordinance. The IGA suspended the original Ordinance, but did not repeal it. If the County were to cut the four Cities off, would the original Ordinance spring back into existence? At the time that this was originally explored, the County backed down, so this was not pursued. Mayor Harden asked if the IGA was removed, would the County be able to charge Wood Village businesses income tax as well? Condit stated that yes, the businesses would be taxed twice. Miner stated that the City should insist on a regular annual meeting before budget hearing with the County present so that they are held accountable.
There were no further questions or comments.
CITY MANAGER’S REPORT City Manager Greg Dirks stated that there were some renderings completed on the new City Hall that shows the aerial view of the building with splash pad, ball field, and possible vendor space. There is a street level view as well. The interior view of the great room needs some decisions. The back wall is shown as one color, but can be split into two colors. There is nothing new to share on the finishes, but if there are any thoughts on the back wall, they can be discussed at this time.
Councilor Nissen and Mayor Harden stated that one solid color is best. Miner asked about the Wood Village logo on the back wall. Dirks stated that the original logo may be used, but there may be a new rendering that is more art-forward. Council President Smith stated that the original logo should be kept.
There are some updates to the APP. The Arata Road Project is underway. City events for the remainder of the fiscal year have been cancelled or postponed. The undergrounding of power from 238th to 244th have seen some delays due to COVID-19 and is on hold for the time being. The Wetland Park Design was awarded last week and there was a pre-design meeting last week.
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The IT Strategic Plan was presented last week. There will be a social distancing ground-breaking ceremony in July for the new City Hall building. There have been lots of training implemented in an online setting and there have been increased safety briefing. Staff has been utilizing Microsoft Teams and alternate communication.
Councilor Miner stated that as the City Hall project moves forward, it may be important to remember that Wood Village was building upon the premise of WWII. It may be worth thinking about honoring veterans in the area with something like a plaque. Nissen agreed.
Additional Business Mayor Harden stated that he and Councilor Nissen will be remoting into future meetings beginning in May.
There were no further comments or questions.
ADJOURN: With no further business coming before the Council, the Council adjourned at 8:29pm.
________________________________ T. Scott Harden
Mayor
____________________ Date
ATTEST:
_____________________________ Rose Douglass; City Recorder
City Council Agenda Item Staff Report
Meeting Date: May 12, 2020
TO: Mayor and Councilors
FROM: Greg Dirks: City Manager
DATE: May 5, 2020
SUBJECT: Resolution 13-2020 Authorizing the IGA Joining the Oregon Cooperative Procurement Program
Requested Council Action Review the information and consider resolution 13-2020 authorizing the intergovernmental agreement between the City and the State of Oregon for the Oregon Cooperative Procurement Program (ORPIN).
Background The state of Oregon has many standing purchase agreements for goods and services in place. These agreements were established with competitive bidding processes and set pricing, which sometimes can result in savings for other public entities compared to other procurement methods. The ORPIN system also includes bidding/solicitation documents which can be used and edited for specific entity use. There are about 340 contracts that are accessible and include items and services such as computers/laptops, MicroSoft Enterprise licensing, wireless phones, lawn and garden, postage meter & supplies, bulk fuel, vehicles, copiers, office supplies, and more.
The City has participated in this program in the past, but it was done on a year to year basis depending on the purchasing needs as there were annual dues to be a member. Since that time, the State has revised its program requirements, and an entity of our size would not have to pay any dues. Staff is bringing program participation to the Council since there would not be any costs associated with joining and may result in cost savings and efficiency with purchases and with developing RFPs.
Next Steps If approved, staff will complete the required paperwork and be a member entity and the program would be used when advantageous for the City. If not approved, staff will continue the current purchasing practices.
Alternatives There are several alternatives for the Council to consider. Options include
• Request a full staff report and presentation on the current purchasing policies andpractices prior to considering the IGA
• Not approve the IGA and continue to use current purchasing methods.• Approve the staff recommendation of authorizing the IGA to join the cooperative
program.
Fiscal Impact The exact fiscal impact is not known, and it is anticipated that there will be some savings in the purchasing of materials, supplies, and services with this agreement.
City Goal Approving the IGA helps support City Goals 4: Long-term financial stability, economic vitality and growth, and Goal 6: Effective local, state and regional partnerships.
Suggested Motions “I move to approve Resolution 13-2020 authoring the IGA with the state of Orgon joining the Oregon Cooperative Procurement Program.”
RESOLUTION 13-2020
A RESOLUTION OF THE WOOD VILLAGE CITY COUNCIL AUTHORIZING THE IGA JOINING THE OREGON COOPERATIVE PROCUREMENT PROGRAM
WHEREAS, the City strives to be fiscally responsible, maintaining cost-effective internal controls, and using procurement methods that meet all standards and brings value to the City and its residents; and
WHEREAS, partnering with the State or Oregon would provide the City access to purchase agreements and other procurement documents that may save time and money in obtaining goods and services for the City.
NOW, THEREFORE, the Wood Village City Council authorizes the Intergovernmental Agreement with the State of Oregon to join the Oregon Cooperative Procurement Program as presented in Exhibit A.
Motion to approve by ____________________, seconded by ____________________ and approved this 12th day of May, 2020.
YEAS ____ NAYS ____
____________________________ T. Scott Harden, Mayor
ATTEST:
____________________________ Rose Douglass, City Recorder
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OREGON COOPERATIVE PROCUREMENT PROGRAM
AGREEMENT No.
This agreement for participation in the Oregon Cooperative Procurement Program (“Agreement”) is between the State of Oregon (“State”) acting by and through its Department of Administrative Services, Enterprise Goods and Services Division, Procurement Services (“DAS PS”) and
_______________________________________________(“ORCPP Member”), each a “Party” and, together, the “Parties”.
1 DEFINITIONS. 1.1 “Contract” means a legally binding contract that results between ORCPP Member’s issuance of, and a contractor’s acceptance of, an Ordering Instrument pursuant to a Designated Price Agreement to which the contractor is a party.
1.2 “Designated Price Agreement” means an agreement between DAS and one or more contractors for goods or services, or both, that are offered at a set price with either (1) no guarantee of a minimum or maximum purchase or (2) an initial order or minimum purchase of the goods or services combined with a continuing contractor obligation to provide additional goods and services, and that identifies ORCPP Members as authorized purchasers.
1.3 “ORCPP” means the Oregon Cooperative Procurement Program.
1.4 “Ordering Instrument” means a document that complies with the Designated Price Agreement and that ORCPP Member must use to order goods, services, or both, under the Designated Price Agreement. An Ordering Instrument may be referred to as, for example, “Purchase Order,” “Work Order” or other name assigned by DAS PS or ORCPP Member.
1.5 “Oregon Cooperative Procurement Program” means the purchasing program operated by DAS PS that allows its members to purchase from Designated Price Agreements.
2 QUALIFIED ENTITIES. DAS PS has established and operates the Oregon Cooperative Procurement Program to improve service and cost efficiencies for each entity qualified to participate in the ORCPP (“Qualified Entity”) by authorizing the Qualified Entity through agreement with DAS PS to purchase goods, services, or both, using Designated Price Agreements and to access various procurement resources available through DAS PS.
The following entities are Qualified Entities authorized to enter into this Agreement with DAS PS:
2.1 Units of local government as defined in ORS 190.003, state contracting agencies as defined in ORS 279A.010 (1)(nn) and exempted from application of the Public Contracting Code under ORS 279A.025, semi-independent state agencies listed in ORS 182.454, special government
Template Approved by DAS PS (09/12/2018) Data Classification: Level 2 - Limited
Oregon Cooperative Procurement Program Agreement
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bodies as defined in ORS 174.117 and special districts as defined in ORS 198.010, United States governmental agencies with offices in Oregon and American Indian Tribes located in Oregon; and
2.2 The entities specified in and meeting the requirements of ORS 279.855(1), (2) and (3) and OAR 125-055-0045.
3 ORCPP MEMBER AS QUALIFIED ENTITY. ORCPP Member represents that it is, and warrants that it will remain, a Qualified Entity throughout the effective period of this Agreement. ORCPP Member shall immediately provide all information that DAS PS requests to establish to DAS PS’ satisfaction that ORCPP Member is a Qualified Entity. ORCPP Member represents and warrants that all information ORCPP Member provides to DAS PS to establish that ORCPP Member is a Qualified Entity is true and correct. If at any time during the term of this Agreement ORCPP Member has reason to believe, or ORCPP is notified that DAS PS has reason to believe, ORCPP Member is no longer a Qualified Entity, ORCPP Member shall immediately cease purchasing under Designated Price Agreements until ORCPP Member establishes to DAS PS’ satisfaction that ORCPP Member is a Qualified Entity.
4 EFFECTIVE DATE, TERM AND TERMINATION. This Agreement is effective on the latest signature date (“Effective Date”).
4.1 This Agreement remains in effect until terminated by either Party by delivery of a written termination notice to the other Party’s Authorized Representative or their designee, at least forty- five (45) days prior to the termination date specified in the written notice.
4.2 DAS PS may terminate this Agreement for non-payment of the annual fee as outlined in section 9 of this Agreement.
5 AUTHORIZED REPRESENTATIVES. 5.1 DAS PS Authorized Program Managers:
Name and Title (print/type):
Kelly Stevens-Malnar, Statewide Outreach Coordinator – Phone:
503-378-3976 Adam Helvey, Statewide Outreach Coordinator – Phone:
503-373-2106 Address: 1225 Ferry Street SE, Salem OR 97301-4285
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5.2 ORCPP Member Authorized Representative:
Name (print/type): Title:
Entity Name:
Address: _______
Work Phone: Email:
Accounts Payable Contact:
Name (print/type):
Work Phone: _____________ Email: _____
5.3 A Party may designate a new Authorized Representative at any time by written notice to the other Party.
6 ORCPP MEMBER BENEFITS AND REQUIREMENTS. 6.1 Designated Price Agreements. ORCPP Member may purchase goods, services, or both, from any Designated Price Agreement identified by DAS PS according to the terms of this Agreement. Designated Price Agreements may expire or terminate, and DAS PS does not promise or guarantee the effectiveness of any particular Designated Price Agreement at the time ORCPP Member desires to make a purchase.
6.1.1 Designated Price Agreements Use Restrictions. ORCPP Member shall accept the terms and conditions of a Designated Price Agreement without modification, including use of a specific Ordering Instrument as described in the applicable Designated Price Agreement. Only DAS has the authority to change, modify, or amend Designated Price Agreements.
6.1.2 Ordering Instruments. All Ordering Instruments must incorporate the applicable Designated Price Agreement by reference and include the following statement:
"THIS PURCHASE IS PLACED AGAINST STATE OF OREGON PRICE AGREEMENT # . THE GENERAL TERMS AND CONDITIONS AND SPECIAL CONTRACT TERMS AND CONDITIONS (T's & C's) CONTAINED IN THE PRICE AGREEMENT ARE HEREBY INCORPORATED BY REFERENCE AND SHALL APPLY TO THIS PURCHASE AND SHALL TAKE PRECEDENCE OVER ALL OTHER CONFLICTING T's & C's EXPRESS OR IMPLIED."
6.1.3 Contracts. DAS PS is not a party to nor does DAS PS assume any liability under Contracts.
6.2 Use of Oregon Procurement Information Network. The Oregon Procurement Information Network (“ORPIN”) is an Internet-based, on-line system that is the State’s official publication forum for procurement notices and advertisements. ORPIN provides registered suppliers with access to procurement information issued by the State and ORCPP Members. Registered suppliers can express interest, download documents and respond to procurement opportunities posted on ORPIN.
Oregon Cooperative Procurement Program Agreement
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ORCPP Member is granted unlimited use of ORPIN, subject to the ORPIN terms of use, to upload, issue and advertise ORCPP Member’s solicitation documents and procurement notices, subject to the following:
6.2.1 ORCPP Member assumes full and complete responsibility and liability for the content, substance and accuracy of all information contained in any ORCPP Member documents uploaded and displayed on the ORPIN system;
6.2.2 ORCPP Member is authorized to use future enhancements to the ORPIN system, such as electronic bidding and solicitation document types, as they become available on ORPIN; and
6.2.3 ORCPP Member shall not distribute or share its active, ORPIN user login credentials or access information with outside entities or individuals who are not ORCPP Members.
6.3 Training. ORCPP Member and its employees are eligible to register for and attend any DAS PS-sponsored and scheduled procurement-related training and certification programs at the same cost as State agency participants. Registration information for DAS PS procurement classes and workshops is available by logging into iLearn at http://iLearn.oregon.gov.
6.4 Data and Procurement Participation. From time to time, DAS PS may request ORCPP Member to provide historical or projected usage and spend data for certain solicitations for goods or services to help achieve maximum volume discounts for the benefit of all State agencies and ORCPP Members. DAS PS also may request ORCPP Member to participate on a procurement sourcing team or evaluation committee that will result in a Designated Price Agreement and use by State agencies and ORCPP Member(s). ORCPP Member agrees to provide information and participate pursuant to DAS PS request, to the extent reasonably possible.
7 DAS PS OBLIGATIONS. 7.1 DAS PS agrees to:
7.1.1 Provide a Program Manager that will respond to ORCPP Member questions regarding ORCPP membership and resources;
7.1.2 Maintain a list of Designated Price Agreements available for ORCPP Member reference on the DAS Procurement Services and Policy website. To access the Designated Price Agreement list, go to http://www.oregon.gov/DAS/EGS/ps/Pages/index.aspx and click on the Oregon Cooperative Procurement Program icon;
7.1.3 Educate contractors under Designated Price Agreements on the process to confirm that ORCPP Member is an “Authorized Purchaser” as defined in the Designated Price Agreements and on the process for transacting with ORCPP Member under the Contract;
7.1.4 Provide program education and outreach to ORCPP Member through trade shows, statewide events and the ORCPP listserv;
7.1.5 Manage ORPIN access and user permissions for ORCPP Member and its authorized users;
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7.1.6 Provide ORCPP Member with Contract spend and usage reports and other ORCPP information upon ORCPP Member’s request.
7.2 DAS PS’ performance under this Agreement is conditioned upon ORCPP Member’s compliance with the obligations intended for contractors under ORS 279B.220, 279B.225 (if applicable to this Agreement), 279B.230 and 279B.235 (if applicable to this Agreement), which are incorporated by reference herein. ORCPP Member shall, to the maximum extent economically feasible in the performance of this Agreement, use recycled paper (as defined in ORS 279A.010(1)(gg)), recycled PETE products (as defined in ORS 279A.010(1)(hh)), and other recycled plastic resin products and recycled products (as “recycled product” is defined in ORS 279A.010(1)(ii)).
8 MEMBERSHIP FEE. ORCPP Member shall pay DAS PS an annual membership fee for the period July 1 through June 30 of each year this Agreement is effective, based on the entity type, annual budget and corresponding fee, as specified in Exhibit A, Standard ORCPP Membership Fee Schedule.
8.1 The initial membership fee when this Agreement takes effect anytime from July 1 through December 31 is 100% of the annual fee. The initial fee when this Agreement takes effect anytime from January 1 through April 30 is 50% of the annual fee. The initial fee is waived when this Agreement takes effect anytime from May 1 through June 30.
8.2 From time to time, DAS PS may request, and ORCPP Member shall provide, ORCPP Member’s budget information to determine the applicable annual membership fee. If DAS PS determines that the annual membership fee has changed based upon ORCPP Member’s then- current budget, DAS PS will notify ORCPP Member in writing of the new annual membership fee, and ORCPP Member shall pay that amount when the next annual fee is due.
9 INVOICES AND PAYMENT. DAS PS will invoice ORCPP Member each year in July for the next annual membership fee. ORCPP Member shall remit payment to DAS within 45 days of receipt of the invoice by one of the following methods:
9.1 Credit Card. The preferred method of payment for the ORCPP annual fee is to be paid by credit card. The payment portal can be found at the below web address. https://apps.oregon.gov/DAS/Procurement/EPS
9.2 Electronic Funds Transfer. ORCPP Member shall coordinate with DAS PS on the process and documentation required to set up an account and remit payment electronically if this is the payment method of choice.
9.3 Check. Payments made by check must include the Agreement number from page 1 and be issued to the Oregon Department of Administrative Services and sent to:
DAS Shared Financial Services Attention: Cashier 155 Cottage Street NE Salem, OR 97301
DAS PS may terminate this Agreement for non-payment if the annual fee is not received within ninety (90) days of the issue date of the invoice.
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10 INDEMNIFICATION. 10.1 Non-State Agency ORCPP Member as Qualified Entity under Section 2.1. Subject to limitations of ORCPP Member’s organic law if ORCPP Member is a unit of local government as defined in ORS 190.003, a United States governmental agency with offices in Oregon or American Indian Tribes located in Oregon, ORCPP Member shall save, defend, hold harmless and indemnify, the State and its divisions, officers, employees and agents from all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever resulting from, arising out of or related to (1) the acts and omissions of the ORCPP Member, or its officers, employees and agents under this Agreement or (2) services or benefits DAS PS provides under this Agreement pursuant to a representation of ORCPP Member's Qualified Entity status and State's reliance thereon.
10.2 ORCPP Member as Qualified Entity under Section 2.2. If ORCPP Member is an entity specified in and meeting the requirements of ORS 279.855(1), (2) and (3) and OAR 125-055- 0045, ORCPP Member shall save, defend, hold harmless and indemnify, the State and its divisions, officers, employees and agents from all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature whatsoever resulting from, arising out of or related to (1) the acts or omissions of the ORCPP Member, or its officers, employees and agents under this Agreement and (2) services or benefits DAS PS provides under this Agreement pursuant to a representation of ORCPP Member's Qualified Entity status and State's reliance thereon.
10.3 Defense Obligation. With respect to any obligation to defend described in sections 10.1 and 10.2, the Oregon Attorney General must give written authorization to any legal counsel purporting to act in the name of, or represent the interests of, the State, its officers, employees and agents prior to such action or representation. Further, the State, acting by and through its Department of Justice, may assume its own defense, including that of its officers, employees and agents, at any time when in the State's sole discretion it determines that (i) proposed counsel is prohibited from the particular representation contemplated; (ii) important governmental interests are at stake; or (iii) the best interests of the State are served thereby. Contractor's obligation to pay for all costs and expenses shall include those incurred by the State in assuming its own defense and/or that of its officers, employees, or agents under (i) and (ii) above.
11 SUCCESSORS AND ASSIGNMENT. The provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. Neither Party shall assign or transfer its interest in this Agreement without the prior written consent of the other. Any such attempted assignment or transfer shall be void.
12 MERGER; AMENDMENT; WAIVER. This Agreement constitutes the entire agreement between the Parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. No waiver, consent or modification of the Agreement shall bind either Party unless in writing and signed by both Parties and all necessary approvals have been obtained. Such waiver, consent or modification, if made, shall be effective only in the specific instance and for the specific purpose given. The failure of the State to enforce any provision of this Agreement shall not constitute a waiver by the State of that or any other provision.
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Oregon Cooperative Procurement Program Agreement
13 LIMITATION OF LIABILITY. ORCPP Member acknowledges and agrees that the State shall not be liable for any damages, including direct, indirect, incidental or consequential damages sustained by ORCPP Member, which arise out of or are in any way related to goods or services obtained from contractors under any Contract entered by ORCPP Member pursuant to this Agreement. State makes no representation or warranty regarding the suitability, durability, merchantability or fitness for a particular purpose of any goods or services purchased under any Contract.
14 COMPLIANCE WITH APPLICABLE LAW. ORCPP Member shall comply with all federal, state and local laws, rules, regulations, and ordinances applicable to this Agreement or to ORCPP Member’s obligations under this Agreement.
15 GOVERNING LAW; VENUE. 15.1 Governing Law. The laws of the State of Oregon (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Agreement, including, without limitation, its validity, interpretation, construction, performance, and enforcement.
15.2 Designation of Forum. Any Party bringing a legal action or proceeding against any other Party arising out of or relating to this Agreement shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for Marion County. Each Party hereby consents to the exclusive jurisdiction of such court, waives any objection to venue, and waives any claim that such forum is an inconvenient forum.
15.3 Federal Forum. Notwithstanding Section 15. 2, if a claim must be brought in a federal forum, then it must be brought and adjudicated solely and exclusively within the United States District Court for the District of Oregon. This section applies to a claim brought against the State of Oregon only to the extent Congress has appropriately abrogated the State of Oregon’s sovereign immunity and is not consent by the State of Oregon to be sued in federal court. This section is also not a waiver by the State of Oregon of any form of immunity, including but not limited to sovereign immunity and immunity based on the Eleventh Amendment to the Constitution of the United States.
16 TAX CERTIFICATION. By signature on this Agreement for ORCPP Member, the undersigned hereby certifies under penalty of perjury that the undersigned is authorized to act on behalf of the ORCPP Member and that ORCPP Member is, to the best of the undersigned’s knowledge, not in violation of any applicable Oregon Tax Laws. For purposes of this certification, “Oregon Tax Laws” means a state tax imposed by ORS 320.005 to 320.150 and 403.200 to 403.250 and ORS chapters 118, 314, 316, 317, 318, 321 and 323 and the elderly rental assistance program under ORS 310.630 to 310.706 and local taxes administered by the Department of Revenue under ORS 305.620.
17 SIGNATURES. Each Party to this Agreement, and each individual signing on behalf of each Party, hereby represents and warrants to the other that it has full power and authority to enter into this Agreement and that its execution, delivery, and performance obligations have been fully
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Oregon Cooperative Procurement Program Agreement
authorized and approved, and that no further approvals or consents are required to bind such Party.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below.
STATE OF OREGON acting by and through its ORCPP Member acting by and through its Department of Administrative Services, EGS-Procurement Services
(name of entity)
By: By:
Printed Name Printed Name
Title Title
Date Date
(Additional signature lines may be added as necessary)
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Oregon Cooperative Procurement Program Agreement
EXHIBIT A
Standard ORCPP Membership Fee Schedules This Fee Schedule is the ORCPP membership fee for a Qualified Entity other than a special district as defined in ORS 198.010, and is based on the entity’s adopted organizational annual budget.
Fee Schedule: Qualified Entity(Provide a one-page summary of the entity’s adopted annual budget with signed Agreement)
ORCPP Member (initial and date)
DAS PS (initial and date)
Organizational Budget MORE than
Organizational Budget LESS than
Annual Membership Fee
$ 0.00 $ 3,000,000 $0.00 $ 3,000,000 $ 7,500,000 $ 500.00 $ 7,500,001 $ 21,000,000 $ 900.00 $ 21,000,001 $ 30,000,000 $ 1,000.00 $ 30,000,001 $ 68,000,000 $ 2,000.00 $ 68,000,001 $ 90,000,000 $ 3,000.00 $ 90,000,001 $ 150,000,000 $ 4,000.00 $ 150,000,001 and over $ 5,000.00 * Oregon K-12 Schools, Charter Schools,ESDs, qualifying Oregon Child NutritionSponsors, and qualifying, Early Learning ServiceProviders, and Qualified Rehabilitation Facilities
$ 0.00
City Council Agenda Item Staff Report Meeting Date: May 12, 2020
TO: Mayor and Councilors FROM: Greg Dirks: City Manager Authored by: Rose Douglass, Assistant to the City Manager DATE: April 16, 2020 SUBJECT: Resolution 14-2020 Revising the City’s Personnel Manual Requested Council Action Review and approve Resolution 14-2020 revising the Wood Village Personnel Manual. Background Staff has completed a comprehensive review and revision of the City’s Personnel Manual. The last comprehensive review of the Personnel Manual was in 2015. With changes to Oregon law and City operations, the following revisions were presented to the City Council at the April 28th meeting and there were no suggested revisions. Section 020 Employment at the City of Wood Village In this section, there are conflicting policies. One states that policy changes can be made with or without notice to staff, and another states that policy changes will be made with notice to staff. This was changed to with notice to staff. Section 025 Onboarding and Orientation This section was added to include a schedule of activities for the first day of employment including orientation session with Human Resources, administrative overview, City mission, goals, and organization chart with City Manager, and a City tour. Section 040 Pay Equity A statement regarding Pay Equity was added based on Oregon’s Pay Equity Law and federal and state law prohibiting discrimination between employees on the bases of a protected class in payment of wages or other compensation for work of comparable character. To measure wage equity, staff has constructed a formula for onboarding employees to determine their hiring wage. Section 045 Anti-Harassment and Discrimination Language was added to this section to include that harassment is prohibited by employees, non-employees, elected officials, members of the community, volunteers, interns, and vendors. Language regarding sexual harassment was expanded and it was added that all City employees must complete annual sexual harassment training.
Regarding reporting, the designated individuals to report sexual harassment to and/or who conducts investigations are the City Manager, Human Resources, or a designee on their behalf.
New Oregon law language was added regarding an employee’s right to take legal action against the City in the event of potential sexual harassment and the statute of limitations involved in reporting.
Section 050 Pregnancy Accommodation Policy was added to state that employees whose pregnancy may impact their ability to work are able to discuss options for reasonable accommodation.
Section 051 Religious Accommodation A statement was added that staff may use their vacation, personal holiday, or comp time for religious holy day observance. If accrued leave is not available, an employee may request unpaid leave.
Section 070 Range and Wage Determination Altered to reflect that new employees are placed at a pay range that reflects internal wage equity as well as Oregon’s Wage Equity Laws.
Section 110 Telecommuting This section was updated to reflect current practices. Staff will seek permission from the City Manager for remote work and will have pre-arranged work projects from their Supervisor. The employee will provide regular check-ins on progress.
Section 120 Timekeeping This section was updated as it is normal for staff to approve or verify a timesheet on an employee’s behalf when necessary. Restrictions were still put in place to deter forgery.
Section 150 Rest Breaks for the Expression of Breast Milk New Oregon law regarding rest breaks for the expression of breast milk were incorporated into this section including length, notice, and storage.
Section 150 Payday and Payroll Periods Language was added to reflect that an employee may receive a paper check if they do not wish to have direct deposit.
Section 220 Vacation Scheduling This section was changed to provide more specific guidelines for requesting vacation time. Requests will be approved on a “first come, first served” basis and best practice is to submit a request with at least 48 hours’ notice.
Section 230 Sick Leave The following policy was removed: “No sick leave pay shall be granted to an employee for an injury resulting from employment with any employer other than the City of Wood Village.”
Section 235 Medical Leave Regarding use of accrued leave, employees must use accrued leave during an otherwise unpaid portion of leave.
Section 250 Leave for Death in the Family Employees may take up to five days of Bereavement Leave, however, the employee will be paid for three full workdays. The remaining days can utilize sick, vacation, comp, or unpaid leave as approved by the City Manager. Section 270 Employee Assistance Program A statement was included regarding the City’s EAP and what services are provided. Section 270 Required Training and Certification The statement, “Employees will not be paid for travel time to and from the employee’s home and the training site” was changed to reflect that the employee will generally be paid for this time, based on the training location. Section 300 Personal Conduct A section was added regarding ethics and an open-door policy. Section 300 Personal Visitors This policy was altered to indicate that children, pets, and other visitors may be allowed in City buildings for special events or with prior authorization from a Director or City Manager. Section 330 Drug Testing Language was added to this section regarding pre-employment drug screening. If a pre-employment drug screen is positive for an illegal or unauthorized substance, the City reserves the right to deny employment. If employment continues, the employee may be subject to additional drug screening at any time during the six-month introductory period. Employees who test positive for illegal or unauthorized substances during their six-month introductory period are subject to disciplinary action up to and including termination. Section 350 Dress and Appearance Office dress code was updated to reflect that casual wear flexibility is at the discretion of the City Manager when whether or other circumstances allow. City employees must maintain business casual attire for public meetings and outside trainings. Section 365 Faxes This policy was changes to specify that personal use of the fax machine should be kept to a minimum and that the charge does not need to be paid by the employee as it costs more in finance personnel time than the City recovers from the transaction. Section 374 Disciplinary and Grievance Practice This section was removed as it only pertained to employees hired prior to March 13, 2002. The City no longer has any employees who began employment before this date. There is a separate Disciplinary and Grievance Policy for employees beginning after this date. Section 380 Privacy in the Workplace This policy was updated to specify that employees are encouraged to keep personal items in their workspace to reflect their personality and motivation to serve the public. Prior policy discouraged keeping any personal items at work. Section 630 Alarm Reporting
This section was updated to specify that upon receipt of notice of alarm, the City Manager or designee will investigate the cause or nature of the alarm. Miscellaneous All gender pronouns were removed from the Personnel Manual and the following protected classes were added: pregnancy, gender identity, genetic information, domestic violence victim status. Sexual preference was changed to sexual orientation. Next Steps Staff will update the proposed revisions based on the conversation with the Council, and bring the policies for adoption consideration at the next Council meeting. Once adopted, the new policies will be delivered and presented to all staff members. Alternatives There are several alternatives available for Council to explore:
• Do not approve the revisions. • Propose alternate revisions. • Approve the staff recommendations.
Fiscal Impact No additional personnel costs are anticipated with this revision. City Goal The approval of this resolution will help achieve City Goal 5: A work environment that develops and encourages employees and rewards their creativity and innovation. Suggested Motions “I move to approve Resolution 14-2020 revision the Wood Village Personnel Manual.”
PERSONNEL MANUAL TABLE OF CONTENTS
EMPLOYMENT AT THE CITY OF WOOD VILLAGE
010. Introduction
020. Employment at the City of Wood Village
025. Hiring PracticesVacancies/New PositionsProceduresApplication for EmploymentQualification StandardsInterview BoardPublic Works Employees
45. Anti-Harassment and DiscriminationIntroductionHarassmentSexual HarassmentDiscriminationHIV DiscriminationComplaint Guidelines
46. Workplace Violence Prevention
47. Whistleblower
48. Mandatory Meetings
50. Reasonable AccommodationADA PracticeGuidelines for Requesting an Accommodation
51. Religious Accommodation
52. Domestic Violence Leave and Accommodations
055. Employment Eligibility VerificationImmigration Reform and Control ActEmployee Verification
060 Introductory Period New Employees Promoted Employees At-Will Employment
065. Personnel Records
070. CompensationSalary Plan DevelopmentBasic Salary SchedulePayroll ConversionOvertimeAdministration of PlanMaintenance of PlanRange and wage DeterminationSalary Increases (Merit Advancement)PromotionsDemotionsReallocationReinstated EmployeeTermination Pay
110. Work Hours, Attendance and Call-InOfficial Working HoursAttendanceTelecommutingOn-Call PersonnelTardiness and Absences
120. Time KeepingTimesheets
130. Breaks and Meal PeriodRest BreaksLunch Breaks
150. Payday and Payroll PeriodsPaydaysDraws and AdvancementsGarnishments
210. Holidays Paid Holidays Holiday Practices
220. Vacations
Vacation Accrual Vacation Pay Vacation Scheduling Vacation Period Accrued and Unused Vacation upon Separation
230. Sick Leave
Sick Leave Eligibility Accrual Authorization Verification Application of Sick Leave Disability Leave Sick Leave upon Separation
235. Family Medical Leave
Employee Eligibility Qualifying Conditions Definitions Leave under FMLA and OFLA Use up Accrued Paid Leave Return to Work/Reinstatement Absence without Leave
240. Jury and Witness Duty
Notification Payment
250. Leave for Death in Immediate Family
Length of Leave Definitions
255. Leave of Absence
256. Administrative Leave
265. Military Leave
Unpaid Leave Use of Accrued Paid Leave
270. Benefits Health, Vision and Dental Insurance Workers Compensation Unemployment Insurance Social Security Continuation of Benefits Life Insurance Service Recognition Retirement Retirement Recognition Educational Development Required Training and Development Optional Training and Certifications Death Travel Expenses Part-Time Temporary Employees Part-Time Regular Employees Change of Information Notification
300. Personal Conduct
Essential Competencies Confidentiality Identity Theft Prevention Practices Conflicts of Interest Gifts Public Relations Personal Visitors Political Activity Other Employment Smoking
305. Use of City Equipment
General Property Use Landscaping City Vehicles
310. Email and Voicemail Use
Business Use Only All City Practices Apply No Solicitations Limited Access Penalties for Violations
320. Internet Access All Practices Apply Right to Monitor Authorized Use Unauthorized Use Specific Internet Practices System Security Penalties for Violations
325. Social Networking and Blogging
General Provisions Authorized Social Networking Personal Blogs/Social Networking Employer Monitoring
330. Substance Abuse
Statement Purpose Program Voluntary Drug and/or Alcohol Rehabilitation Criminal Drug Conviction Medically Authorized Drugs Definitions Grounds for Searches Grounds for Testing Guidelines for Testing Employee Rights
350. Dress and Appearance
Expectations
355. Parking Reserved Parking Liability
360. Inclement Weather
Office Closures Employees
365. Personal Telephone Calls and Faxes
Phone Calls Faxes Pagers City-Owned Cell Phones Employee-Owned Cell Phones Cell phones and Pagers During Business Meetings
374. Disciplinary and Grievance Procedures [Applies only to employees
380. Privacy in the Workplace Right to Search Implied Consent
410. Complaint Practices
Statement Definition Practices Retaliation Bona Fide Complaint
510. Employee Performance Evaluations
Purpose Evaluation Practices
610. Safety
Expectations Safety Program Purpose Membership Responsibilities Recommendations Duties
615. Driving Qualifications and Practices
Purpose Safe Driving Practices
620. On the Job Injuries/Illnesses
Qualifications for Worker’s Compensation Insurance Reporting Practices Return-to-Work Assignments Light Duty Work Assignments
630. Fire Safety
Fire Extinguishers Emergency Situations Alarm Reporting
640. Weapons Prohibited
Introduction The purpose of this manual is to provide systematic and equitable practices and guidelines relating to the hiring, compensation, hours of work, leave, safety, promotions, discipline, removal, and other matters affecting the status of the employees of the City of Wood Village. Said rules and regulations are provided to maintain uniformity and equity in personnel matters which will make City service attractive as a career and to encourage each employee to give their best service to the City. The City of Wood Village is an equal opportunity employer.
These practices and guidelines replace and supersede all pre-existing policies, procedures, statements, or orders relating to personnel matters of the City and its employees.
This personnel manual shall be adopted, and may be amended from time to time by resolution of the City Council.
Section 020
Employment at the City of Wood Village This Personnel Manual is provided to answer common questions posed by our employees. It represents the City of Wood Village’s personnel practices, guidelines, benefits, and work rules and how they affect employees. These practices and guidelines are provided to maintain and improve the facilities and services that the residents of the City require, to maintain uniformity and equity in personnel matters which will make City service attractive as a career and to encourage each employee to give his/her best service to the City.
All employees must become familiar with the content of this manual. Any questions that are not answered by this manual should be directed to the employee’s supervisor, human resources, or the City Manager.
This manual supersedes all earlier City of Wood Village memos, handbooks, policy statements, summaries, rules, and understandings on these subjects. The City of Wood Village reserves the right to amend, change, modify, add to or delete any of the practices or benefits presented in this manual at any time as needed, with prior notice, as authorized by the City Council. In the event of an amendment of any ordinance, resolution, rule, or law incorporated in this manual or upon which these provisions rely, these practices and guidelines will be deemed amended in conformance with those changes.
The information contained in this manual applies to all employees of the City of Wood Village. In the event of a conflict between these practices and any valid collective bargaining unit contract, City ordinance or resolution, state or federal law, the terms and conditions of the contract, ordinance or law will apply. In all other cases, these practices and guidelines will apply. These Personnel Practices and Guidelines are not to be construed as an employment contract and do not create any legal entitlement or property interest in any position or job benefit at the City of Wood Village.
Where the City Manager may be listed in this manual as making a decision or granting permission, it is understood that the City Manager’s own personal requests, permissions, or performance issues will be directed to the City Council for the final say.
Unless covered by a collective bargaining agreement or an express individual employment contract, City of Wood Village employees are employed “at will,” meaning that either the employee or the City of Wood Village can terminate the employment relationship at any time for any lawful reason, with or without notice.
The City council shall have authority over all matters of adopting or amending the personnel practices, benefits and work rules found in this Personnel Manual, with notice to employees. The City council may specifically delegate in writing the authority for the enforcement of these rules and practices. The City Manager shall be responsible for the interpretation, implementation, and consistent application of these same personnel practices, guidelines, benefits and work rules.
Commented [BG1]: Three paragraphs above it states changes authorized by Council may be made with or without prior notice.
Section 025
Vacancies/New Positions
Hiring Procedures
Vacant or new City positions may be filled by a transfer or promotion of a current City employee or by recruitment of a new employee. Current employees shall be considered on the same basis as applicants from outside the City’s employ. When any two or more finalists are, in the City Manager’s judgment, equally qualified, then the applicant with the greatest seniority in the City’s employ will be selected.
When it is determined that a position needs to be filled, the City Manager or designee will proceed to recruit, test, and select an individual for the position.
Procedures
• Recruitment
All new or vacant positions shall be publicized as appropriate and necessary. Recruitment shall be conducted simultaneously among current employees and other potential applicants in order to extend equal employment or promotional opportunities to them. Qualified applicants will be screened in accordance with the provisions below.
• Disclaimer
Announcements shall specify the title and salary range; the date of closing for the acceptance of applications; the nature of the work to be performed; education and experience required, and any other pertinent information.
Announcements and application forms shall contain the following statement:
“THE CITY OF WOOD VILLAGE IS AN EQUAL OPPORTUNITY EMPLOYER. We do not discriminate on the basis of race, religion, color, creed, sex, marital status, sexual orientation, age, national origin, pregnancy, gender identity, genetic information, domestic violence victim status, or disability.”
Application for Employment
Application forms will be furnished by the City to all applicants. An application form must be on file for each person considered for the position. For management positions, resumes must be included with the application form. The file of applications for each opening will be retained by the City for three (3) years after the date of appointment.
Veteran Preference
The City of Wood Village provides qualifying veterans and disabled veterans preference in employment in accordance with ORS 408.225, ORS 408.230, and ORS 408.235. For the preference to be applied, veterans must have received an honorable
Revised 6/2009: Resolution 14-2009
Section 025
discharge from military service, successfully complete the initial application screening, and meet the minimum qualifications of the applied for position. To qualify for disabled veteran preference, applicants must submit proof of veteran status and proof of their veterans' disability rating from the Department of Veterans' Affairs. Applicants must submit proof of veteran status (DD214/DD215) at the time the application is submitted.
Reasonable Accommodation
The City is committed to providing reasonable accommodation during the hiring process to applicants with a disability as defined by the ADA, who have made the City aware of the disability, provided that such accommodation does not constitute an undue hardship on the City.
Driving Records
All persons applying for a position requiring them to operate any City vehicle/mobile equipment are required to have in their possession a valid operator’s license for the type of equipment to be operated.
Upon a conditional offer of employment, those applying for any position that requires the operating of City equipment, the City will obtain a complete driving record from the Oregon Department of Motor Vehicles, or other applicable state agency. Any applicant with any one of the following will not be considered for employment with the City of Wood Village:
a) A major traffic offense in the last twenty-four (24) months. This can includereckless driving, driving under the influence of intoxicants, failing to performthe duties of a driver, criminal driving while suspended or revoked, fleeing orattempt to elude a police officer;
b) A felony revocation of driving privileges or felony or misdemeanor driverlicense suspension within the last twenty-four (24) months;
c) Three or more moving traffic violations in the last twelve (12) months;d) A careless driving conviction in the last twelve (12) months; ore) Class A moving traffic infraction in the last twelve (12) months.
Qualification Standards: New Hires/Promotions
The City Manager or designee shall review each application to ascertain the individual applicant’s education, experience and other qualifications for the position offered, concentrating on the essential functions of the job.
Immediate family members (spouses,, domestic partners, children, mothers, fathers, sisters and brothers) shall not be employed in the same City department. The City Manager may waive this practice under special circumstances, such as, if there were a shortage of certain types of personnel and two members of the same family were qualified to practice the specialty in question.
Section 025
Immediate family members may be employed in separate City departments provided that the employee possess all the qualifications required for the job and achieved the highest rating of all applicants in the evaluations used to screen candidates for the position.
Qualifications of an applicant for a position in City service shall be determined on the basis of one or more of the following:
1. Information contained on the application form 2. Written/performance/physical tests, or any combination thereof 3. Qualifications required for certification under State Law 4. Background check of education 5. Background check with previous employer 6. Personal reference check 7. Criminal background check upon a conditional offer of employment. Per
Oregon law, the City of Wood Village does not inquire about the criminal history of an applicant until later in the hiring process.
8. Driving record upon a conditional offer of employment 9. Other requirements as specified in the position classification description
Any examinations required for various positions will be administered by the appropriate supervisor in consultation with the City Manager.
Interview Board
Interviews may be conducted for some positions and the City may use an oral interview board appointed for the purpose of interviewing some applicants. The interview board at a minimum shall consist of the following:
1. The City Manager (for management positions only); 2. The Department Head/Supervisor; 3. Other members of the interview board may be appointed and or approved by the
City Manager.
Safety Sensitive Employees
Due to the nature of the essential functions required to successfully perform safety sensitive jobs, the most qualified applicant applying for a safety sensitive position shall be offered employment, subject to satisfactory results of a physical examination, and under qualifying conditions a drug screen.
If a medical examination is required, the medical examination shall be conducted by a licensed physician at the post-offer stage of the recruitment process for the sole purpose
Section 025
of determining specifically whether the applicant can safely perform the essential functions of the position offered, prior to final appointment.
Onboarding and Orientation
On the first day of employment with the City of Wood Village, employees will undergo an orientation session with Human Resources, administrative training and overview, City mission, goals, and organization with the City Manager, and a City tour. Employees will complete specified training with their department director or supervisor based on their job description and the needs of the City.
Formatted: Centered
Section 027
Layoff and Recall The City Manager may layoff an employee in a regular, part-time or temporary position on account of lack of work or funds.
A. In layoffs, the following shall apply:
1. The order of the layoff shall be determined on the basis of the needs of the City and in conformance with any applicable collective bargaining agreement.
2. When the ability and qualifications of one or more employees who do the work is equal, the determining factor for layoff shall be inverse order of seniority with the last employee hired to be the first employee laid off. The employee’s director with a written recommendation and the City Manager’s approval shall be the judge of the ability and qualifications.
3. Emergency and temporary employees shall be laid off before regular, permanent employees.
B. Two weeks before the effective date of a layoff, the City Manager shall notify the
employee being laid off, in writing, of the following: 1. Reason for the layoff; 2. Certify whether the employee’s service has been satisfactory and a copy of the
notice shall be retained in the employee’s personnel file.
C. An employee who has given satisfactory service and who is laid off shall be eligible for reemployment in other positions if the employee has the minimum qualifications and there is an opening.
Section 030
Employment Classifications All City of Wood Village employees are classified as “exempt” or “non-exempt.”
Exempt
An exempt employee generally holds an executive, administrative, sales or professional position, and regularly exercises independent judgment and discretion and meets all legal requirements for exempt employment. Exempt employees are paid on a salary basis and are not subject to the minimum wage and overtime requirements of state and federal wage-and-hour laws.
Non-Exempt
A non-exempt employee is subject to the minimum wage and overtime requirements of state and federal wage-and-hour laws. Non-exempt employees generally are paid on an hourly basis for each hour worked. Provided budgeted funds are available and pursuant to ORS 653.268, non-exempt employees will be paid overtime rates of time and one- half for all hours worked in excess of forty (40) hours per workweek, or will be converted to time off work (“comp time”) at the rate of 1.5 hours for each overtime hour worked.
Employee Categories
All City of Wood Village employees fall within one of the following categories:
1. Introductory Employee: Employees who have been appointed, hired or promoted to a classification or position and have not yet completed the introductory period (not less than six [6] months and not more than one [1] year), during which such employees are informally and formally evaluated as to their suitability for the position into which they were appointed, hired or promoted.
2. Regular Full-Time Employee: Employees who have satisfactorily completed their introductory period and are regularly scheduled to work forty (40) hours or more per week. All full-time employees shall be compensated monthly; required to participate in the City’s PERS plan; covered by industrial accident insurance; eligible for sick leave and holiday pay; covered by medical, dental, vision, and life insurance benefits on the 1st of the month following a full calendar month of employment.
3. Regular Part-Time Employee: Employees who have satisfactorily completed their introductory period and are regularly scheduled to work twenty (20) hours or more but fewer than forty (40) hours per week. Regular part-time employees are required to participate in the City’s PERS plan if they work fifty (50) hours or more per month or six -hundred (600) hours or more per year. They are covered by industrial accident
Section 030
insurance. Regular part-time employees are eligible for medical, dental, vision, and life insurance benefits on the 1st of the month following a full calendar month of employment, paid vacation, sick leave or leaves of absence prorated to the number of hours worked per week and length of service. If the employee’s schedule includes holidays, theyshe/he shall receive holiday pay for those hours normally scheduled to work. If a holiday or observed holiday falls on a day which is the employee’s regularly scheduled day off, no holiday pay is due.
4. Temporary and Project Employee: Temporary employees and employees hired on a specific project basis for a period of definite duration. A temporary project employee is not eligible for benefits, but must participate in the Public Employee’s Retirement System (PERS) if required by the regulations of PERS.
5. Volunteers: From time to time, the City of Wood Village may enlist the help of volunteers. Volunteers are not employees of the City of Wood Village and shall have no expectation of remuneration for services performed for or on behalf of the City. The service of a volunteer may be discontinued at any time for any reason. Volunteers must abide by all applicable practices and guidelines of the City of Wood Village. Employees of the City of Wood Village may not volunteer to do the same work that they normally do in their paid positions.
At Will Employment
An employee’s position’s classification or categorization does not alter or modify the at will nature of the employment relationship. The City of Wood Village reserves the right to employ “at will,” meaning that either the employee or the City of Wood Village can terminate the employment relationship at any time for any lawful reason, with or without notice.
Resignations
The City of Wood Village encourages employees who desire to terminate their employment to submit a written resignation to the City Manager at least ten (10) working days prior to the effective date of the resignation.
Section 040
Equal Employment Opportunity Commitment to Equal Employment
The City of Wood Village is committed to providing equal employment opportunity in all areas of its employment practices. The City will not tolerate discrimination, harassment, prejudicial remarks, actions, slurs, or jokes of any kind against any employee or applicant because of race, color, creed, religion, sex, marital status, sexual orientationpreference, age, national origin, disability, pregnancy, gender identity, genetic information, domestic violence victim status, military or veteran status, injured worker status, non-supervisory family relationships, or any other protected status or association with members of a protected class. Anyone found in violation of this practice will be subject to discipline, up to and including termination.
This practice extends to all recruiting, hiring, transfers, promotions, training, compensation, benefits, layoffs, terminations and all other terms and conditions of employment.
It is the duty of every employee and council member of this City to create a job environment atmosphere which is conducive to our non-discrimination practice through inspirational leadership and personal example. Cooperation in assisting with the implementation of this practice is a mandatory condition of employment. Failure to comply with the letter and spirit of this EEO practice may lead to disciplinary action, up to and including termination.
If employees believe they have been the victim of violations of this EEO practice, or have observed violations of this practice, they should immediately bring the violations to the attention of their immediate supervisor.
If employees believe a discussion with their supervisor would be inappropriate or would not be helpful because the supervisor is part of the issue or problem, the employee should immediately bring violations to the current City Manager or designee.
If employees believe a discussion with the current City Manager or designee would be inappropriate or would not be helpful because the current City Manager or designee is part of the issue or problem, the employee should immediately bring violations to the attention of the City Council.
All information regarding a complaint will be maintained on a confidential basis to the extent possible. Each complaint will be promptly and completely investigated. Corrective action, if any, up to and including termination, shall be taken once the investigation is complete.
Individuals who report violations of this EEO practice or who participate in an investigation in good faith will not be retaliated against or otherwise treated adversely
Section 040
because of their reporting of the situation or participation in an investigation. Complaints of such retaliation shall be handled pursuant to the practices in this section.
The City of Wood Village will implement this policy and Title VII of the Civil Rights Act of 1964 by means of its Equal Employment Opportunity Program at the City Hall.
Statement Regarding Pay Equity
The City of Wood Village supports Oregon’s Pay Equity Law and federal and Oregon law
prohibiting discrimination between employees on the basis of a protected class (as defined by Oregon law) in the payment of wages or other compensation for work of comparable character. Employees who believe that they are receiving wages or other compensation at a rate less than that which the City of Wood Village pays wages or other compensation to other employees for work of comparable character are encouraged to discuss the issue with their immediate supervisor.
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Genetic Information Non-discrimination Act (GINA)
Pursuant to the federal Genetic Information Nondiscrimination Act of 2008 (GINA), the City of Wood Village respects all employees’ privacy in their genetic information and enforces a strict policy of nondiscrimination on the basis of genetic information. The City of Wood Village will not discriminate, harass, or retaliate on the basis of genetic information regarding any aspect of employment.
Additionally, the City prohibits the use of genetic information to make an employment decision.
According to the Equal Employment Opportunity Commission, genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about any disease, disorder, or condition of an individual’s family members (i.e., an individual’s family medical history).
Family medical history is included in the definition of genetic information as it is often used to determine whether someone has an increased risk of getting a disease, disorder, or condition in the future.
Section 045
Introduction
Anti-Harassment and Discrimination
It is the City’s practice that all employees shall work in an environment free from all forms of discrimination, including harassment. The City of Wood Village will not tolerate any form of discrimination or harassment. Such harassment is prohibited whether committed by a City of Wood Village employee or non-employees (including elected officials, members of the community, volunteers, interns, and vendors).
The City of Wood Village prohibits employees from discriminating against, harassing or sexually harassing co-workers, citizens, or vendors. The City of Wood Village is committed to providing a workplace free from all forms of discrimination and, harassment on the basis of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, disability, pregnancy, gender identity, genetic information, domestic violence victim status, or any other protected status. The City of Wood Village also prohibits any form of retaliation against anyone who resists, complains about or participates in the investigation of any violation of this practice.
Harassment
Harassment is verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his or hertheir race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, disability, pregnancy, gender identity, genetic information, domestic violence victim status, or any other protected status, or that of theirhis or her relatives, friends or associates, and that: (1) has the purpose or effect of creating an intimidating, hostile or offensive working environment; (2) has the purpose or effect of unreasonable interference with an individual’s work performance; or (3) otherwise adversely affects an individual’s employment opportunities.
Harassing conduct includes, but is not limited to the following: (1) epithets, slurs, negative stereotyping, or threatening, intimidating or hostile acts that relate to race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, disability, or any other protected status, or (2) written or graphic material that denigrates or shows hostility or aversion toward an individual or group because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, disability, or any other protected status and that is placed on walls, bulletin boards, or elsewhere on the employers’ premises or properties (i.e., vehicles) or circulated in the workplace.
Sexual Harassment
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature (regardless of whether such conduct is “welcome,”) when, 1. Submission to such conduct is made either implicitly or explicitly a term or
condition of employment;
Section 045
2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
3. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.
Some examples of conduct that could give rise to sexual harassment are unwanted sexual advances; demands for sexual favors in exchange for favorable treatment or continued employment; sexual jokes; flirtations; advances or propositions; verbal abuse of a sexual nature; comments about an individual’s body, sexual prowess, or deficiency; talking about your sex life or asking others questions about theirs; leering or whistling; unwelcome touching or assault; sexually suggestive, insulting, or obscene comments or gestures; displays of sexually suggestive objects or pictures; making derogatory remarks about individuals who are gay, lesbian, bisexual, or transgender, or discriminatory treatment based on sex. This is not a complete list. City employees are required to complete annual sexual harassment training. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual, or (3) such conduct has the
Section 045
purpose or effect of interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
Discrimination
To discriminate means to make a distinction between individuals or groups based upon common characteristics, real or perceived. The City of Wood Village forbids making employment decisions because of an individual’s race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, pregnancy, gender identity, genetic information, domestic violence victim status, disability, or any other protected status.
HIV Discrimination
Acquired Immune Deficiency Syndrome (AIDS) is a fatal, infectious disease that claims a substantial number of lives each year. It is caused by the spread of the AIDS virus, Human Immunodeficiency Virus (HIV). According to the best medical evidence available, casual workplace contacts among employees and citizens infected with HIV does not result in the transmission of the virus. The nature of the disease and its presence in society warrants these practices and guidelines.
The City recognizes that its employees are entitled to a safe working environment. Employees and job applicants who are HIV carriers or are infected with ARC or AIDS are entitled to compassion and legal protection against unlawful discrimination. The City’s practices are:
• Prevent unlawful discrimination; • Educate employees about the ways HIV is spread; • Designate a person to whom a concerned employee can go for information; • Ensure the confidentiality of information about any employee who contracts
the virus; • Address employment concerns of infected employees; • Assure that the public is accommodated and that risks to health are
minimized; • Protect the health and safety of all employees through a program of universal
precaution; and • Avoid disruption or interference with City business that could result from
unfounded health concerns.
The City strongly believes that employees who are educated about the actual medical risks posed by AIDS and HIV will be safer and more comfortable at work. The City will strive to provide the informational resources as a source of education about the transmission of HIV, and will provide confidential access to a designated contact person for further inquiresinquiries.
Section 045
The City recognizes that an employee’s health concerns are confidential. Employees who have been infected with or exposed to HIV may contact the designated contact person confidentially. As with all applicants and employees, medical information is maintained in a separate confidential medical file that is accessible only in accordance with the ADA and other applicable statue, including to inform supervisors and managers of the necessary restrictions on the work or duties of the employee or necessary accommodations.
Employees who obtain knowledge that an employee, guest or other individual utilizing City services is an HIV carrier or afflicted with ARC or AIDS must maintain strict confidentially regarding such information. Failure to observe strict confidentiality may result in discipline, up to and including termination.
An employee who is infected with HIV or afflicted with ARC or AIDS may contact the designated contact person for confidential information about any concerns the employee has related to theirhis/her employment. The City will make an attempt to reasonably accommodate employees infected with HIV or afflicted with ARC or AIDS who are considered disabled under applicable state or federal laws, unless it would be an undue hardship to do so, or would result in a direct health or safety threat to the individual or other persons. The reasonableness of any proposed accommodation will be determined by the City Manager. As with any employee who is in a legally protected class or category, unlawful discrimination against a disabled employee or person(s) will not be tolerated and may result in discipline, up to and including termination.
Upon request, the designated contact person will assist concerned employees in obtaining information about community resources and psychological counseling available to persons with HIV or AIDS and their families.
As a public service organization, the City will not discriminate against citizens on the basis of a disability. If uniform body fluid precautions are followed rigorously and routinely, then the risk of accidental infection when rendering aid to an infected person is minimized. The routine activities of employees dealing with citizens pose no measurable risk of HIV infection to employees. Unlawful discrimination against citizens with or suspected of HIV or AIDS will not be tolerated.
An employee who refuses to work with or perform services for an HIV infected co- worker or an infected citizen may be subject to discipline, up to and including termination. Harassment of known or suspected HIV carriers is expressly prohibited and may result in discipline, up to an including termination.
Section 045
Failure to comply with the letter and spirit of this practice prohibiting discrimination, harassment and sexual harassment could lead to disciplinary action, up to and including termination.
Complaint Guidelines
Any employee who believes that they areshe/he is the subject of discrimination or sexual harassment should report the alleged conduct immediately in accordance with the following guidelines. All information will be held in confidence to the extent feasible and will be disclosed only on a need-to-know basis to investigate and resolve the matter.
Employees, volunteers, or interns who have experienced a sexual assault, any harassment, discrimination in violation of this policy, who have witnessed such behavior, or who have credible information about such behavior occurring are expected to and should being the matter to the attention of the City mManager or Human Resources, or a member of the management team as soon as possible. Employees are strongly encouraged to document the information or incident in any written or electronic forms, or with a voicemail message (or phone call). An employee who experiences or witnesses harassment is encouraged, but not required , to tell the harasser that the behavior is offensive and unwanted, and that they want it to stop.The individual alleging the harassment will report the incident to the City Manager or designee and will be interviewed to discuss the allegations. The employee may also report the incident to their supervisor and/or department director.
Investigation and Confidentiality The City Manager, or Human Resources, or a designee on their behalf designee may conduct a prompt, impartial, preliminary investigation, including interviewing any witnesses. All complaints and reports will be promptly and impartially investigated and will be kept confidential to the extent as possible, consistent with the City’s need to investigate the complaint and address the situation. If conduct in violation of this policy is found to have occurred, the City will take prompt, appropriate corrective action, and any employee found to have violated this policy will be subject to disciplinary action, up to and including termination of employment.
As soon as possible, but not more than five (5) days after receiving the report, the City Manager or Human Resources designee should meet with the alleged harasser and inform themhim/her of the allegations. The City Manager or Human Resources designee will review with the alleged harasser the City’s practices and indicate that a charge of harassment has been made. The alleged harasser will then have the opportunity to reply to the allegations.
The City Manager or Human Resources designee will meet with the alleged harasser’s supervisor and discuss the allegations. The employee may be placed on paid administrative leave. Administrative leave is not disciplinary nor subject to the grievance process.
Determination of the action to be taken, including termination, will be based on the
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Section 045
facts on a case-by-case basis. If the allegations prove not to constitute harassment and there is no other basis for discipline, the alleged harasser will return to work. No record of unfounded allegations will be kept in the alleged harasser’s personnel file.
All employees have a duty to cooperate in the City’s investigation of alleged harassment. Failure to cooperate or deliberately providing false information during an investigation shall be grounds for disciplinary action, including termination.
Individuals who report harassment, sexual harassment, or discrimination violations or participate in an investigation in good faith will not be retaliated against or otherwise treated adversely because of their reporting of the situation or participation in an investigation, even if the allegations are not substantiated. Complaints of such retaliation shall be handled pursuant to the guidelines in this practice. That is, complaints of retaliation should immediately be brought to the attention of the City Manager or Human Resources, and will be investigated as set forth above.
Employees who have been subjected to harassment, sexual assault, or discrimination are encouraged to use the City’s complaint-reporting procedure described above to ensure a timely, thorough investigation and handling of the situation. Employees may, however, seek redress from the Oregon Bureau of Labor and Industries (BOLI) pursuant to ORS 659A.820 to 659A.865, or in a court under any available law, whether criminal or civil. Although the City of Wood Village cannot provide employees with legal advice, employees should be aware of the statute of limitations applicable to harassment and discrimination claims under ORS 659A.030, 659A.082, or 659A.121 (five years). Further, before an employee can take any legal action against the City of Wood Village, the employee must provide written notice of the claim within 180 days of the act or omission the employee claims has caused them harm. When an employee can prove harm as a result of unlawful harassment or discrimination in an administrative proceeding or in a court, remedies available to the employee include enforcement of a right, imposition or a penalty, or issuance of an order to the employee’s employer (in limited circumstances).
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Requests by the reporting party that nothing be done about the event, and that it is reported as “information only” will not be granted.
Section 046
Introduction
Workplace Violence Prevention
It is the practice of the City of Wood Village to provide a working environment that is free from violent acts or threats against a person’s life, health, well-being, family or property. Violence in the workplace may occur between one employee and another, or between any member of the public and a City employee. Such acts or threats of violence by physical acts, words, gestures or symbols are entirely unacceptable and violate the City’s practice. Every employee is required to report acts or threats of violence of which theyhe or she is aware.
Definitions
Threats or acts of violence include, but are not limited to, statements or conduct against persons or property that is sufficiently severe, offensive, or intimidating to alter the employment conditions at the City, or to create a hostile, abusive, or intimidating work environment for one or more of the City’s employees, its volunteers, or any person conducting business with the City.
Examples of Prohibited Conduct
Specific examples of conduct that may be considered "threats or acts of violence" and prohibited under this section include, but are not limited to, the following:
• Hitting, shoving or throwing an object at an individual. • Acts of intimidation including threatening to harm an individual or
theirhis/her family, friends, associates, or their property. • The intentional destruction or threat of destruction of property owned,
operated, or controlled by the City. • Making harassing or threatening telephone calls, letters or other form of
written or electronic communications. • Intimidating or attempting to coerce an employee to do wrongful acts that
would affect the business interests of the City. • Harassing surveillance, also known as "stalking", the willful, malicious and
acts of intimidation repeated following of another person and making a credible threat with intent to place the other person in reasonable fear of their his or her safety.
• Making a suggestion or otherwise implying that an act to injure persons or property is "appropriate".
• Possession of weapons on City property; per section 640.
Section 046
Reporting Acts of Violence
Any employee who believes that they havehe or she has been the target of violence or threats of violence, or has witnessed or otherwise learned of violent conduct by or directed to another employee or other individual must report such incidents to his or hertheir immediate supervisor. It is incumbent upon all employees to immediately report such conditions in order for the City to effectively deal with such situations. Supervisory personnel shall take prompt action when they become aware of any aspect of violence in the workplace.
Violation
Violation by an employee of a provision of this practice, or false reporting under this practice, may lead to disciplinary action up to and including termination.
Section 47
Whistleblower
General It is the responsibility of all City of Wood Village employees to report violations or suspected violations of applicable laws, rules, and regulations. Employees should share their concerns, suggestions, or complaints with someone who can properly address them. Typically, concerns should be shared with a supervisor, department head, human resources or the City Manager.
Acting in Good Faith Anyone filing a complaint concerning a violation or suspected violation must be acting in good faith and have reasonable grounds for believing the information disclosed indicates a violation. Any allegations that prove not to be substantiated and which prove to have been made maliciously or knowingly to be false will be viewed as a serious disciplinary offense.
No Retaliation Discrimination or retaliation against employees who report in good faith alleged violations of applicable laws, rules, or regulations shall not be tolerated. Any employee who believes that he or she hasthey have been subjected to discrimination or retaliation for whistleblowing, or that a violation of this policy has occurred, should immediately contact the City Manager or human resources. The City Manager or designee shall conduct an investigation regarding the complaint maintaining anonymity and confidentiality to the greatest extent possible.
Section 48
Mandatory Meetings
From time to time the City of Wood Village will require employees to attend work related meetings either on or off premises. These meetings will be used to disseminate information, train, or instruct personnel on work related matters. Per ORS 659.785, employees cannot be required to attend employer-sponsored meetings or communications with the employer or the agent, representative, or designee of the employer if the primary purpose of the meeting or communication is to communicate the opinion of the employer about religious or political matters (political party affiliation, campaigns for measures or candidates). An employee may not be disciplined, discharged, or otherwise penalized for refusing to attend or participate in such meetings.
Section 050
Reasonable Accommodation
ADA Practices
The City of Wood Village is committed to complying with all applicable provisions of the Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendment Act (ADAAA). It is the City’s practice not to discriminate against any qualified employee or applicant with regard to any terms or conditions of employment because of such individual’s disability or perceived disability so long as the employee can perform the essential functions of the job with or without reasonable accommodation. Consistent with this practice of nondiscrimination, the City will provide reasonable accommodations to a qualified individual with a disability, as defined by the ADA, provided that such accommodation does not constitute an undue hardship on the City.
Guidelines for Requesting an Accommodation
An employee with a disability who believes theyhe or she needs a reasonable accommodation to perform the essential functions of his or hertheir job should contact the City Manager.
On receipt of an accommodation request, the City Manager, the employee’s supervisor and the employee will engage in the interactive process to discuss and identify the precise limitations resulting from the disability and the potential accommodation that the City might make to help overcome those limitations. The City may request medical information about the disability and workplace limitations as part of the process.
The City Manager will determine the feasibility of the requested accommodation considering various factors, including but not limited to the nature and cost of the accommodation, the availability of tax credits and deductions, outside funding, the City’s overall financial resources and organization, and the accommodation’s impact on the operation of the City, including its impact on the ability of other employees to perform their duties and on the City’s ability to conduct business.
The City Manager will inform the employee of its decision on the accommodation request or regarding how to make the accommodation.
If more than one reasonable accommodation will allow an employee with a disability to perform the essential functions of theirhis or her job, the City may choose the accommodation that best suits its needs.
An employee who has questions regarding this practice should contact the City Manager.
Section 050
An employee who believes that they havehe or she has been discriminated against based on a disability should notify the City Manager, pursuant to the practices provided in Sections 040 and 045. If an employee believes a discussion with the City Manager would be inappropriate or would not be helpful because the City Manager is part of the issue or problem, the employee should immediately bring violations to the attention of a department director or human resources. All such inquiries or complaints will be treated as confidential to the extent permissible by law.
Pregnancy Accommodation Policy
Employees who are concerned that their pregnancy, childbirth, or related medical condition (including lactation) will impact their ability to work should contact Human Resources to discuss their options for continuing to work and, if necessary, leave of absence options. The City will provide one or more reasonable accommodations pursuant to this policy for employees with known limitations unless such accommodations impose an undue hardship on the City’s operations.
Although this policy refers to “employees,” the City will apply this policy equally to an applicant with known limitations caused by pregnancy, childbirth, or a related medical condition.
Requesting a Pregnancy-Related Accommodation
Employees who are concerned that their pregnancy, childbirth, or related medical condition will limit their ability to perform their duties should request an accommodation as soon as it becomes apparent that a reasonable accommodation may be necessary to enable the employee to work. All requests for accommodation should be made with Human Resources and should specify which essential functions of the employee’s job cannot be performed without a reasonable accommodation. In most cases, information from the employee’s doctor may be needed to assist the City and employee in finding an effective accommodation, or to verify the employee’s need for an accommodation. Both the City and employee must monitor the employee’s situation and make adjustments as needed.
Leave of Absence Options for Pregnant Employees
Employees who are pregnant or experiencing pregnancy-related medical conditions should also be aware of their leave absence options under the City’s medical leave policy.
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Section 51
Religious Accommodation
The City of Wood Village respects the religious beliefs and practices of all employees and will make, upon request, an accommodation for such observances when a reasonable accommodation is available that does not create an undue hardship on the City’s business.
Employees may use vacation, personal holiday, or compensatory time for religious holy days or to participate in a religious observance or practice; if accrued leave is not available, then an employee may request to take unpaid leave. Requests for religious leave or accommodation should be made with the employee’s direct supervisor or Human Resources.
An employee whose religious beliefs or practices conflict with theirhis/her job, work schedule, with the City’s policy or practice on dress and appearance, or with other aspects of employment and who seeks a religious accommodation must submit a written request for the accommodation to theirhis/her department director. The written request shall include the type of religious conflict that exists and the employee’s suggested accommodation.
The department director will evaluate the request considering whether a work conflict exists due to a sincerely held religious belief or practice and whether a reasonable accommodation is available which would not create an undue hardship on Wood Village’s business. Examples of an accommodation may include a change in job duties, use of paid leave or leave without pay, exceptions to the dress and appearance code which does not impact safety or uniform requirements, or modification of other aspects of employment. Depending on the type of conflict and suggested accommodation, the department director may discuss the situation with the City Manager and human resources.
The department director and employee will meet to discuss the request and the decision on an accommodation. If the employee accepts the proposed religious accommodation, the department director will implement the decision. If the employee rejects the proposed accommodation, theyhe/she may appeal following the City of Wood Village’s general grievance policy and procedure.
Section 052
Leave aAnd Reasonable Safety Accommodations fFor Victims Of Domestic Violence, Sexual Assault, Stalking, Or Criminal
Harassment
CRIME VICTIMS LEAVE The City of Wood Village provides leave to employees who are victims of domestic violence, sexual assault, stalking, or criminal harassment, or the parents or guardians of a minor child or dependent who is a victim, so they can meet the health and safety needs of themselves or their minor child or dependent while maintaining their employment status. Employees involved in domestic or non-work -related situations that may pose a risk to the workplace are encouraged to inform their supervisor or human resources as soon as practicable.
City employees are entitled to take a reasonable amount of paid or unpaid leave to address domestic violence, sexual assault, stalking, or criminal harassment in accordance with the provisions of ORS 659A.272. To be eligible for leave under this rule, employees must have worked for the City for an average of 25 hours or more per week for at least 180 days (6 months) immediately prior to the date the employee takes leave for an authorized purpose. An “authorized purpose” includes seeking legal or law enforcement assistance or remedies; seeking medical treatment for or recovering from injuries; obtaining counseling or services from a victim services provider; or relocating or taking steps to secure a safe home for the employee or minor child.
Employees shall charge leave for absences under this policy to accrued leave balances in accordance with applicable City rules and collective bargaining agreements. When applicable, such leave shall also count toward the employee’s medical leave entitlement.
REQUESTS FOR REASONABLE SAFETY ACCOMMODATION The City of Wood Village offers reasonable safety accommodation to employees who are victims of domestic violence, sexual assault, stalking, or criminal harassment. When an employee requests a reasonable safety accommodation, the City will engage in discussions with the employee about the nature and scope of a reasonable safety accommodation that will best address the particular safety concern affecting the individual employee.
Requests for leave and reasonable safety accommodation may only be limited or denied when the employee’s leave would create an undue hardship on City operations.
An employee who wishes to take leave under this policy must provide certification as provided in ORS 659A.280(4) that the employee or dependent child is a victim of domestic violence, sexual assault, stalking, or criminal harassment.
Where feasible, the employee will provide reasonable advanced notice of the intent to take leave.
Section 052
A reasonable safety accommodation may include, but is not limited to, reassignment, modified schedule, changed work station or telephone number, email address or work requirement in response to actual or threatened domestic violence, sexual assault, stalking, or criminal harassment.
RECORDS AND CONFIDENTIALITY In accordance with ORS 659A.280(5), all records and information kept by the City regarding an employee’s request for, or use of, leave and/or a reasonable safety accommodation under this rule will be kept confidential and may not be released without the express written permission of the individual, unless otherwise required by law or required for litigation. Documents provided to the City regarding the leave will be maintained in a confidential, locked file separate from employee personnel files.
PROHIBITED CONDUCT No person may refuse to hire an otherwise qualified individual because the individual is a victim of domestic violence, sexual assault, stalking, or criminal harassment.
No person may discharge, threaten to discharge, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation, or other terms, conditions or privileges of employment because the employee is a victim of domestic violence, sexual assault, stalking, or criminal harassment or because the employee requests leave or reasonable safety accommodation under the provisions of this rule.
Section 055
Employment Eligibility Verification
Immigration Reform and Control Act
The Immigration Reform and Control Act requires that, within three (3) days of the date of hire, all employees provide the documents necessary to verify their identity and right to work in the United States. All employment is, therefore, contingent upon the employee’s ability to timely provide and maintain such documentation.
Employee Verification
If, at any time during employment with the City of Wood Village, the employee cannot timely verify theirhis or her identity and/or right to work in the United States, the City of Wood Village may be obligated to terminate the employee’s employment.
Section 060
Introductory Period
New Employees
All new employees (excluding re-employed and reinstated) are classified as introductory employees for the first six (6) months of employment. The introductory employee will receive a written and oral evaluation by the employee’s immediate supervisor concerning the employee’s performance during the regularly scheduled city-wide performance review. At least fifteen (15) days prior to the expiration of the employee’s Introductory Period, the employee’s immediate supervisor will formally evaluate the employee’s performance and submit a report to the City ManagerAdministrator. The supervisor will then meet with the employee to review the formal evaluation and discuss its contents.
Promoted Employees
The first three (3) months after a current city employee fills a vacant or new position that constitutes a promotion will be considered an Introductory Period, except that an employee promoted into a supervisory position will be considered to be in an Introductory Period for twelve (12) months.
At Will Employment
Employment with the City of Wood Village, including the new employee Introductory Period, is “at will,” meaning that either the employee or the city can terminate the employment relationship at any time for any lawful reason, with or without notice.
Section 065
Personnel Records
The City of Wood Village maintains separate confidential personnel and medical files for each employee. These files are the property of the City of Wood Village. An employee may inspect or obtain a copy of their his/her file(s) upon written request to the City Manager. The City may charge a reasonable fee for producing verified authentic copies of requested documents.
Any personal changes such as address, phone number, marital status or changes in the number of an employee’s dependents must be immediately reported to Human Resources in writing.
Unless disclosure is permitted by law or a court of competent jurisdiction, employee records will be accessible only to the employee, the employee’s supervisor on a need to know basis, the City Manager, Human Resource, the City Attorney or an attorney employed by the City or its insurers. Only the City Manager or Human Resource can provide personnel file access.
Section 070
Compensation Plan
Salary Plan Development
In determining salaries, consideration shall be given to current costs of living, the City's financial condition, turnover rates, applicant availability, and suggestions (recommendation) of the City Manager. However, emphasis shall be given to developing a plan based on the prevailing rates of pay for comparable work in the public and private employment sectors. The City shall obtain this salary data by periodically surveying private and public employers in the region. The survey shall include those classes that would be found in other agencies. In addition, classes should be selected that have a significant relationship to classes in their occupational groups, particularly as to the level of difficulty and responsibility, to insureensure effective reference points in relating and establishing the salaries for other classes within their occupational group.
Basic Salary Schedule
The basic salary schedule consists of numbered salary ranges, each of which specifies an entry level wage (minimum), and a maximum wage. Within each range, there are five (5) target zones spread equally throughout the range. Each target zone is given a numerical designation. An employee performing at a Satisfactory or higher level should advance to at least the next target zone on each annual salary advancement date. Target zone #1 is 3.0% to 8.0% above the range minimum, target zone #2 is 8.0% to 13.0% above the range minimum, etc. until target zone #5 which would be 23.0% to 27.7% above the range minimum. The salary ranges are 27.7% from the minimum to the maximum of the range and there is a 5% increment between each target zone. There is a 5% increment between ranges. The Classifications to Wage/Salary Schedule may be amended at any time by resolution of the City Council.
Payroll Conversion
The standard salary schedule establishes the pay rate on the basis of monthly rates. Hourly rates can be computed by multiplying the rate by 12 and dividing by 2080 for full-time positions.
Overtime
These overtime provisions shall not apply to executive, supervisory, administrative, professional, elected, or contractual employees of the City who meet the criteria outlined in Oregon Administrative Rules, Chapter 839, Division 24.
Section 070
Overtime shall be paid for all hours in excess of forty (40) hours per week and as follows. Sick days, vacation days or other hours not actually worked will not be included to determine total hours worked for the payment of overtime.
Overtime shall be paid in emergency situations, or when approved in advance by the responsible City supervisor. Anyone working overtime without prior approval may be subject to disciplinary action.
Overtime will be paid at the rate of one and one-half (1.5) the regular hourly rate, or employees who work overtime will be given the equivalent (1.5 hours for each hour worked) in compensatory time off, with the permission of the Department Head up to 40- hour cap. Part-time employees will receive overtime pay as scheduled above, when their total hours of work exceed forty (40) hours per week.
Maximum accrual of compensatory time shall not be in excess of 40 hours. Accrued hours worked (above 40) will be paid at overtime rates as described above.
Administration of Plan
The Salary Plan shall be consistently applied to all City employees.
Maintenance of Plan
The City Manager will maintain the salary plan and all pertinent records. It shall be the responsibility of the City Manager to:
(a) Maintain a continuous up-to-date allocation list which indicates the current range
and placement of each employee in City service as well as the employee's anniversary date.
(b) Conduct periodic surveys of salaries of comparable positions in similar government
jurisdictions and in local private establishments for the purpose of maintaining a balance between pay and position in the service of the City and those in outside agencies.
Range and Wage Determination
New Appointees
New employees are placed at the entry rate within the assigned range unless special qualifications or labor market conditions justify placement above or below that level.will be placed at a pay range that reflects internal wage equity as well as Oregon’s Wage Equity Laws.
Under filling of positions should occur only when the employee hired does not possess the necessary minimum qualifications and qualified employees cannot be recruited - usually due to labor market conditions. Under filled positions should not be placed more than ten (10) percent below the entry rate and a specific plan, including objectives and timeline,
Commented [GD3]: Revise to reflect Oregon’s equity law as well as our new procedure based on objective criteria for wage placement.
Section 070
should be developed to bring the employee within the established salary range during the first six (6) months to one (1) year of employment. Placement of new employees above or below the entry rate must be reviewed and approved by the City Manager.
Salary Increases (Merit Advancement, July 1st)
Salary increases shall not be automatic but shall be based upon the overall performance rating for the appraisal period. Within the adopted salary plan for the City, increases are meant to recognize performance and continued efficient service. Employees appointed at the entry rate may be considered for a salary increase upon satisfactory completion of the Introductory Period and a salary increase on July 1st of each year thereafter. Employees appointed at a level higher than the entry rate who have satisfactorily completed the Introductory Period may be considered for a salary advancement on July 1st of each year thereafter. Advancement to higher wage rates may occur in accordance with the following:
Starting from the employee's present position in the salary range, salary actions (increases) should be planned to move the employee’s rate of pay to a point that corresponds with performance rating.
Based on the employee's overall performance rating, and subject to available funds as adopted in the City’s annual Budget, the following guidelines should be used to make pay increase recommendations. Listed percentages are guidelines and not guarantees. In this matrix X is the amount of the pay structure increase (market adjustment/ COLA) for the current year. Employees who have reached the top of their salary range are not eligible for a Merit Advancement, but are eligible for a Merit Payment as separately identified
Performance Salary Rating Adjustment
Outstanding X + 7 to 8%
Commendable X + 5.5 to 6.5%
Satisfactory X + 5%
Needs Improvement (X) Structure Adjustment Only
Unsatisfactory 0
All salary increases shall be based on the written recommendation from the head of the department in which the employee is assigned and forwarded to the City Manager.
A recommendation for an employee's salary increase will be withheld on the basis of a Needs Improvement rating for an employee above Target Zone # 1 or for an Unsatisfactory
Section 070
rating of the employee's performance, work habits, or unwillingness to perform the assigned duties. The supervisor shall advise the employee in writing that the salary increase recommendation is being withheld and the reason. The supervisor shall provide the employee with a short termshort-term Work Improvement Plan, not to exceed three (3) months, to bring the employee’s performance to at least a satisfactory level. A copy of the communication to the employee shall be forwarded to human resources for filing in the employee’s personnel file and the City Manager shall be notified. The employee may appeal this decision in writing to the City Manager. The employee shall be entitled to a salary status review upon the expiration of three (3) months from the date of final determination in any proceedings resulting from the action of the supervisor. All salary increases shall be made within the scope and limitations of the City personnel practices and salary plan.
Salary Increases (Merit Payment)
This practice applies only when budgeted funds are available as determined by the City Council.
Once an employee reaches the top of their salary range, additional increases shall be limited to the annual market adjustment/ COLA for the current year with one exception. When an employee, who has reached the top of their salary range, receives a Performance Rating of Commendable or Outstanding, such employee shall be eligible for a Discretionary Merit Payment, subject to budgeted funds as follows:
Performance Merit Rating Payment
Outstanding 4-5%
Commendable 1-3.5%
Listed percentages are guidelines and not guarantees
The appropriate Merit Payment percentage is applied to the employee’s base annual salary. The Merit Payment shall be paid in lump sum between July 1st and November 30th of the following fiscal year, as determined by the City Manager..
For example, an employee at the top of their salary range receives a Commendable performance evaluation rating. If the City Council has provided funds for performance bonuses, this employee could receive a lump sum of 1-3.5% times theirhis/her base annual salary before the July 1st market adjustment/COLA is applied.
Promotions (Range Advancement)
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An employee can be assigned to a higher range only when promoted to a class allocated to that range. All requirements of the class as regards education, experience, abilities and skills must be met by the employee, and a position must exist in the class or a new position must be approved.
An employee who is promoted shall have theirhis/her salary raised to a rate in the pay range for the class of theirhis/her new position which will provide an increase over the salary received prior to promotion.
Demotion
An employee who is demoted shall receive the salary for the range to which assigned and be assigned an appropriate wage rate.
Reallocation
An employee who has advanced to a higher pay range through reallocation of theirhis/her position shall have theirhis/her salary placed at a rate in the range for the class to which they arehe/she is reallocated which will provide a salary equal to or greater than the salary received prior to the reallocation. An employee who is reduced to a lower pay range by reallocation of theirhis/her position shall receive the salary for that range and be assigned an appropriate wage rate.
Reinstated Employee
A former City employee returning to City service will be, for range and rate determination, treated as a new employee and subject to the standard six-month Introductory Period and the rules for determination of entry rate. The City Manager, may waive the Introductory Period.
Termination Pay
In addition to any wages due at the time a person is separated from City employment, the employee shall be paid at the regular hourly rate for all accrued vacation credits but not for accrued but unused sick leave although retirement credit of unused sick leave shall be allowed for retirement in accordance with the Public Employees Retirement System (PERS), and all accrued but unused compensatory time.
Section 110
Work Hours and Attendance
Official Working Hours
The City operates around the clock and for this reason different jobs have different hours of work. Official working hours shall be Sunday through Saturday, from 8:00a.m. to 5:00 p.m., or as otherwise specified by the City Manager. Certain departments operate seven-days per week, twenty-four (24) hours per day, and work shifts are established by department head with approval of the City Manager. New employees shall be informed by their immediate supervisor as to the start and end of their work day.
Attendance
Employees shall be in attendance on all work days unless they have received authorization for leave of absence. Employees shall be prompt and at their work stations by the starting time of the work day and shall perform their duties until the close of the work day.
Telecommuting
While working at home is not part of the City’s ordinary work practices, there may be rare circumstances when it is to the City’s advantage to allow an employee to work at home. To maintain a balance between trust and accountability, and to ensure that working at home is efficient and in the best interest of the City, employees who request to work from home for a short period of time must strictly adhere to these requirements:
1. Employees will seek permission of their Department Director. Department
Directors will seek permission from the City Manager. The City Manager will seek permission from the Mayor or from two councilors.
2. Employees working from home will arrange to do so at least 8 hours in advance
so that they have the proper resources.
3. Employees working from home will provide their supervisor with a daily written description of work accomplished (faxed or emailed daily).have pre-arranged work projects and outcomes as agreed upon with their supervisor with regular check-ins to show progress.
4. The number of days allowed will be determined in advance on a case by case
basis.
Commented [BG4]: Do we want to make any changes to this policy?
Commented [GD5R4]: Yes, it could be cleaned up and streamlined a bit.
Section 110
On Call Personnel
All positions requiring on call duty have equal responsibility for covering the twenty- four (24) hour response needs of the City.
The annual on call schedule should be established by January 1st each year. Where possible, the schedule should be arranged to avoid scheduling any two consecutive holidays to any one (1) person. Employee requested changes to the on- call schedule are subject to voluntary arrangements among on call personnel.
To ensure prompt response to emergency situations for the protection of the public’s health, safety and welfare, all emergency response personnel who may be assigned on- call duties must reside within twenty (2030) minutes of City Hall, and when on-call, must stay within a twenty thirty (2030) minute response time.
Tardiness and Absences
Employees shall report to work on time. This means they are at their station/desk and ready to begin work by the start of their shift or workday. When a personal emergency is likely to cause tardiness of more than fifteen (15) minutes, employees shall phone their immediate supervisor and give the expected time of arrival. Habitual tardiness will be subject to disciplinary action.
Except in case of emergency, an employee must call the employee’s supervisor; the employee’s spouse, relative or friend is not to make such call.
Employees who fail to call in, who report to work late without a justifiable excuse or who leave work without notifying their supervisor may be subject to disciplinary action, up to and including termination.
Excessive and/or unexcused absences and/or tardiness will result in disciplinary action, up to and including termination. The City reserves the right to require medical verification of the need for any absence or tardiness that is medically related, including absences for which an employee uses sick leave.
Section 120
Timekeeping
Timesheets
The attendance of all employees shall be recorded daily on the official City timesheet detailing the number of hours worked each day. All time shall be reported in quarter hour increments. All time less than seven and one half (7 ½) minutes shall be rounded down to zero. Time greater than seven and one half (7 ½) minutes shall be rounded up to the quarter hour. The timesheet shall be submitted to the employee’s supervisor at the end of each reporting period. The supervisor shall review, verify and sign the timesheets, and deliver them to the finance department within two (2) days from the end of the reporting period.
The attendance records are the property of the City of Wood Village and care must be exercised in recording hours worked, overtime and absences. Each employee’s timesheet shall be kept on file for a minimum of two (2) years.
Timesheets are to be signed by the employee unless circumstances deem it necessary to verify or approve a timesheet on their behalf. Employees are not to fill in timesheets for other employees. Violations or forgeries of this practice may result in appropriate disciplinary action, up to and including immediate termination.
Commented [GD6]: We actually do this in some cases though. Perhaps add additional language.
Section 130
Breaks and Meal Period
All non-exempt (i.e., hourly) employees are required to take rest breaks and lunch periods each workday. The number of rest breaks and lunch periods an employee is required to take depends upon the length of the employee’s work period. The below chart details the number of rest breaks and meal periods employees are required to take for varying lengths of work periods.
Rest Breaks
All non-exempt employees shall take paid fifteen (15)-minute rest breaks each workday (see chart below). An employee who works an eight-hour shift, for example, must take two fifteen (15)-minute rest breaks each workday. These breaks must be taken as close as possible to the middle of the first four hours of work and the middle of the last four hours of work. An employee may leave the premises during a break but the employee must be at theirhis/her workstation ready to begin work at the conclusion of the break.
Lunch Breaks
All non-exempt employees shall take one (1) unpaid lunch break of at least one-half hour of uninterrupted time. The employee’s supervisor will determine the best time for the lunch break; however, the employee’s lunch break will generally occur at the halfway point of the employee’s workday.
No non-exempt employee may “skip” a rest or lunch break to make up for arriving late to work or leaving work early or to make up for other unpaid time missed from work.
Rest Breaks and Meal Periods Required Based on Length of Work Period
Length of work period Number of rest breaks required
Number of meal periods required
2 hours or less 0 0
2 hours, 1 minute to 5 hours, 59 minutes 1 0
6 hours 1 1
6 hours, 1 minute to 10 hours 2 1
10 hours, 1 minute to 13 hours, 59 minutes 3 1
14 hours 3 2
14 hours, 1 minute to 18 hours 4 2
Section 150
Rest Breaks for the Expression of Breast Milk
The City of Wood Village will provide reasonable rest periods to accommodate an employee who needs to express milk for their children eighteen (18) months of age or younger. If possible, the employee will take the rest periods to express milk at the same time as the rest breaks or meal periods that are otherwise provided to the employee. If not possible, or if the employee is exempt from overtime laws, the employee is entitled to take a reasonable period each time the employee needs to express milk. The City will treat the rest breaks used by the employee for expressing milk as paid rest breaks up to the amount the City is required to provide as paid rest breaks and/or meal periods under applicable personnel rules or collective bargaining agreements. Additional time needed beyond the paid rest breaks and/or meal periods may be taken as unpaid time. The City will make a reasonable effort to provide the employee with a private location within close proximity to the employee’s work area to express milk. For the purposes of this policy, “close proximity” means within walking distance from the employee’s work area that does not appreciably shorten the rest or meal period. A “private location” is a place, other than a public restroom or toilet stall, in close proximity to the employee’s work area for the employee to express milk concealed from view without intrusion by other employees or the public. If a private location is not within close proximity to the employee’s work area, the City will identify a private location the employee can travel to. The travel time to and from the private area location will not be counted as part of the employee’s break period.
Notice
An employee who intends to express milk during work hours must give their supervisor or Human Resources reasonable oral or written notice of their intent to do so in order to allow the City time to make any preparations necessary for compliance with this rule.
Storage
Employees are responsible for storing expressed milk. Employees may bring a cooler or other insulated food container to work for storing the expressed milk. If an office provides access to refrigeration for personal use, an employee who expresses milk during work hours may use the available refrigerator.
Payday and Payroll Periods
Payday Payday shall be the last regularly scheduled working day of each month. Net pay will be directly deposited into the employee’s bank account, unless an employee
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requests otherwise. If an employee requests to pick their check up from the City, only the employee named on the paycheck will be allowed to do so unless the employee provides written permission to the City for someone else to receive the check.
Draws and Advancements in Pay
There shall be no advance pay except during the first month of employment, at which time an employee may make a written request for a mid-month draw of salary earned to that date, less payroll deductions.
Garnishments
The City of Wood Village will comply with any valid order to garnish an employee’s wages. A garnishment will reduce the employee’s take-home pay.
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Section 210
Holidays
Paid Holidays
The following are legal holidays observed by the City of Wood Village:
New Year’s Day (January 1) Martin Luther King, Jr. Day (Third Monday in January) Presidents’ Day Memorial Day (Last Monday in May) Independence Day (July 4) Labor Day (First Monday in September) Veteran’s Day (November 11) Thanksgiving Day (Fourth Thursday in November) The day after Thanksgiving (Friday) Christmas Day (December 25) Floating personal holiday (Only regular employees receive a floating personal holiday, and it must be taken during the calendar year).
Holiday Practices
When an observed holiday falls on a Sunday, the following Monday shall be observed as the holiday. When an observed holiday falls on a Saturday, the previous Friday shall be observed as a holiday. This rule shall also apply when an authorized holiday falls on an employee’s regularly scheduled day off.
Employees who are required to work on Martin Luther King Jr.’s Birthday, Presidents Day, Veteran’s Day, or the Day after Thanksgiving will be compensated at their regular rate for all hours worked, in addition to receiving their holiday pay. Employees who are required to work on any other holiday will be compensated at time-and-a-half of their regular rate for all hours worked, in addition to receiving their holiday pay.
To be eligible for holiday pay, employees must be in pay status (not on leave without pay) both on the day before and on the day after the observed holiday worked.
Section 220
Vacations
Vacation Accrual
The City of Wood Village encourages employees to use their accrued vacation time away from work to relax. After six (6) months of employment, regular full-time and part-time employees will accrue vacation each pay period retroactive to the employee's original date of hire.
VACATION SCHEDULE
Years of Employment Annual Vacation Accrued Year 1 through 5 6.67 hrs./mo. or 80 hrs./year
6 through 10 years 10 hrs./mo. or 120 hrs./yr. 11 through 14 years 12 hrs./mo. or 144 hrs./yr. 15 through 19 years 13.33 hrs./mo. or 160 hrs./yr.
Year 20+ 16.67 hrs./mo. or 200 hrs./year
Vacation Pay
Vacation pay is based on an employee’s regular pay rate.
Vacation Scheduling
The scheduling of an employee’s vacation is based on the needs of the employee’s department. All vacation requests must be submitted in writing to the employee’s supervisor by February 1st of each year for the current calendar year and approved by the employee’s supervisor. In case of conflicting dates requested, seniority shall prevailEmployees will be given reasonable opportunities to use their accrued vacation and compensatory time, however, the scheduling of an employee’s vacation is based on the needs of the employee’s department. Employees will provide their immediate supervisor with a written request for leave and approval will be based on a “first come, first served” basis. Employees requesting leave in excess of three consecutive days shall submit a written request for leave to their supervisor at least fourteen (14) days in advance of the first day of requested leave if possible. Leave requests of three days or less can be submitted with a minimum of 48 hours notice. Leave requests that are submitted less than 48 hours in advance will be up to the discretion of the department director or City Manager for approval. All requests are subject to supervisor discretion and staffing needs of the City. For leave that coincides with paid holidays, the observed holiday will not be deducted from the accrued vacation or compensatory time.
Employees with duties involving public funds must schedule at least one (1) week (40 hours) off consecutively each year. All City staff are encouraged to take a consecutive week off during the year to maximize physical and mental wellbeing.
Vacation Period
Commented [BG7]: Does this mean the holiday is paid as a holiday or does it mean it would be paid as a vacation day?
Commented [BG8]: Not sure why this was deleted. It’s a good policy to have for financial people and it might be a good idea to make it applicable to other departments as well.
Commented [GD9R8]: We need to keep this section and mandate as part of our Internal Controls.
Section 220
Vacations must be taken within the twelve (12) month period between anniversaries unless otherwise approved by the City Manager. Example: An employee at year three (3) may not carry over more than 80 hours of vacation by their anniversary. An employee at year 12 may not carry over more than 144 hours of vacation by their anniversary. Any overages must be approved by the City Manager or cashed out.
Section 220
Payment of Accrued, Unused Vacation upon Separation
Upon termination, resignation or retirement, employees who have successfully completed their Introductory Period shall be paid for all accrued vacation time.
Section 230
Sick Leave
Sick Leave
The City of Wood Village expects all employees to assume diligent responsibility for their attendance and promptness. Recognizing, however, that illnesses and injuries may occur, the City provides paid sick leave to compensate regular, full and part-time employees. The existence of paid sick leave does not alter the essential requirement of attendance, and employees may be subject to discipline for unacceptable attendance even if sick leave has not been exhausted.
Eligibility
All employees shall be eligible to receive sick leave credits upon hire, andhire and may begin using their accrued sick leave after 90 days of continuous employment with the City.
Sick Leave Accrual
Proportionate sick leave credits shall be earned and credited at the end of each pay period. Sick leave shall accrue at the rate of one (1) day per full calendar month of service, but not less than 1 hour of sick leave for every 30 hours worked. An employee may not accumulate more than 720 hours of sick leave.
Sick Leave Donation
An employee may annually donate up to a total of 40 hours of accrued but unused vacation, personal holiday or comp time leave to any regular employee(s), and provided that the receiving employee has used all of his or hertheir own accrued paid time off, including sick leave, vacation time, and compensatory time, and requires additional leave to recover from an illness or injury. An employee who chooses to donate time must notify the City in writing of the donation.
Authorization
Employees who are unable to work because of illness or injury must notify their direct supervisor (either in person or by leaving a voice mail) before the beginning of theirhis/her next regularly scheduled shift. An employee who becomes ill or injured during the workday must first notify theirhis/her supervisor prior to leaving work, except in case of emergency.
An employee who is absent from work because of illness or injury must contact theirhis/her supervisor no later than the beginning of each workday while on sick leave unless the employee has a pre-authorized sick leave of more than three (3) consecutive workdays. Failure to properly notify the appropriate supervisor is grounds for disciplinary action and possible loss of eligibility for sick leave pay.
Section 230
Verification
In all cases, the City of Wood Village reserves the right to require medical verification of the need for and duration of any absence for which the employee requests paid sick leave or to otherwise excuse an absence due to illness or injury.
Any fraudulent use of sick leave will result in loss of sick leave pay and will constitute grounds for disciplinary action and/or termination.
Application of Sick Leave for Illness or Injury
Employees must request payment of sick leave within seventy-two (72) hours after returning to work. Employees may take accrued sick leave when unable to perform their duties by reason of illness, or injury.
In the event of an accident to an employee compensable by Workers Compensation Insurance, the employee may, at theirhis/her option, elect to coordinate use of accrued sick leave to insure a total payment of an amount equivalent to the monthly wage without overtime.
Should an employee become ill during theirhis/her vacation, the employee may take sick leave for the period of theirhis/her illness in lieu of vacation leave upon the condition that a written verification of the illness is provided to the City.
No sick leave pay shall be granted to an employee for an injury resulting from employment with any employer other than the City of Wood Village.
Application of Sick Leave for Non-Injury and Non-Illness Situations
An eligible employee may use accrued sick leave for routine medical or dental appointments. Such leave must, however, be approved in advance by the employee’s supervisor.
Sick leave is not available for use because an employee’s child is not in school, for a reason other than illness, or for child care problems.
Sick Leave Upon Separation
No compensation shall be made for unused sick leave in the event of resignation or termination. Adjustment will be made on the “average annual wage” computations of PERS benefits using unpaid sick leave upon retirement, however, subject to the PERS policy in effect.
Commented [BG10]: I think this should be removed.
Section 235
Medical Leave
FMLA and OFLA FMLA (Family Medical Leave Act) and OFLA (Oregon Family Leave Act) are Federal and State of Oregon family and medical leave provisions and laws. FMLA and OFLA apply to many private and all public employers. Therefore, the City of Wood Village is a covered employer. However, FMLA regulations state that employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the 12 months immediately prior to the leave, if there are at least 50 employees working within 75 miles of the employee's worksite. The City employs less than 50 employees; therefore, no City employee is eligible for FMLA leave. OFLA applies to employers with 25 or more employees in the current or previous year. Again, the City employs less than 25 employees; therefore, no City employee is eligible for OFLA leave either.
MEDICAL LEAVE While employees of the City do not qualify for FMLA or OFLA leave, the City does recognize that employees need support in balancing their work with personal and family responsibilities. Accordingly, eligible employees may be granted unpaid medical leave for their own serious health conditions, or to attend to a family member’s serious health condition. Only in rare circumstances would this leave extend beyond 12 weeks within a 12 month period.
ELIGIBILITY Fulltime employees may be granted medical leave once they have been employed for at least
six months.
QUALIFYING EVENTS A. When the employee is unable to perform the essential functions of the job because of
a serious health condition, including pregnancy-related conditions; and/or
B. In the event of the birth or adoption of a child; and/or
C. To care for a spouse, parent, or child under the age of 18 who has a serious health condition or a mentally/physically impaired child aged 18 or over. Additional people in need of care may qualify under an in loco parentis relationship.
REQUEST FOR LEAVE All leave requests need to be in writing and submitted to the employee’s supervisor per the following situations:
A. Anticipated Situations In situations where the need for medical leave is known or anticipated, employees must give at least thirty (30) days notice to take medical leave. If the leave is
Section 235
anticipated less than thirty (30) days in advance, employees must give notice as soon as is practical.
B. Unanticipated Situations
In unanticipated or emergency situations where there is no opportunity to give notice, employees must notify their supervisor verbally within two (2) working days of the emergency situation, and then in writing as soon as practical.
Upon notice and approval, the supervisor will provide the employee with the required forms. The employee will be required to complete a Medical Leave Request Form and have the applicable certification form completed and returned to theirhis or her supervisor prior to the start of medical leave. If a bona fide emergency situation prevents the employee from complying with the above time schedule, the employee shall complete and submit all forms as soon as practical.
MEDICAL CERTIFICATION Certification of the need for medical leave is required. In the event of a personal health condition or that of a family member, the certification must be provided by a medical professional within fifteen (15) days of the request for medical leave.
If medically necessary, medical leave may be authorized and taken on an intermittent or reduced schedule. Details of the proposed schedule should be verified by the certifying medical professional. Employees shall discuss the need for intermittent leave with theirhis or her supervisor. The employer may require updated medical certifications during intermittent leave periods.
GENERAL PROVISIONS
A. Definition of Year and Week Employees may be authorized to take medical leave for their own serious health conditions, or to attend to a family member’s serious health condition. Only in rare circumstances would this leave extend beyond 12 weeks within a 12 month period. The twelve (12) month period is tracked on a rolling-backward period from the date the employee requests leave.
B. Use of Accrued Leave
Employees must use accrued sick leave while out on medical leave. Employees must may elect to use accrued vacation or comp time during the otherwise unpaid portion of the leave as noted in medical leave section. Accrued time off must be taken in the following order:
1. Accumulated Sick Leave until all consumed 2. Administrative Leave if previously authorized 3. Vacation Time until all consumed, 4. Personal Holiday, 5. Compensatory Time
Commented [BG11]: Should be changed to must use available leave time as noted elsewhere in the personnel manual.
Section 235
If an employee elects to use any additional paid time off other than sick leave, it must be used continuously throughout the leave period without gaps in use. At the time leave is approved, the employee should receive information about what paid leave may be used during the medical leave. No vacation or sick time will accrue during the otherwise-unpaid portion of medical leave.
C. Reinstatement
Employees returning from medical leave will be reinstated to the same or an equivalent position with equivalent benefits, pay and other terms and conditions of employment, unless their former positions have been eliminated for bona fide business reasons.
D. Medical Release
Employees returning from medical leave taken for their own health condition may be required to provide a medical release to return to work prior to or upon return indicating they are able to return to work and whether there are any restrictions.
E. Continuation of Benefits
For employees on an authorized medical leave, the city will continue employee benefits, including group medical insurance, provided that the employee continues to pay theirhis/her portion of the premiums. Payment, if any, must be received by the city finance office no later than the 25th of the month for the following month’s payment. In certain situations, the city reserves the right to recover any premiums paid on an employee’s behalf for group medical insurance during leave. For example, if, after a leave, the employee decides not to return to work for reasons other than a serious medical condition of the employee or family member or other circumstances beyond the employee’s control, the city reserves the right to recover those premiums paid on the employee’s behalf for medical insurance during the unpaid leave.
(Revised 5-2013)
Section 240
Jury and Witness Duty
Notification
The City of Wood Village recognizes the occasional civic obligation of its employees to serve on juries.
When an employee receives a summons for jury duty or is subpoenaed as a witness, theyhe/she must immediately notify theirhis/her supervisor and provide the supervisor with a copy of the jury summons or witness subpoena. Absence for jury duty will be recorded as such on the employee’s timesheet. Since the City of Wood Village is small, and without the benefit of cross trained employees, the City may request, at the City Manager’s discretion, that an employee be excused from jury duty.
Payment
The City of Wood Village will pay the wages of employees under proper summons as a juror, prospective juror, or subpoenaed to serve as a witness by any legally constituted court or government unit; and those employees are, in turn, obligated to transfer to the City any compensation received for the performance of such duty, excluding court provided mileage reimbursement.
Court time for personal business will not be compensated.
Section 250
Leave for Death in Immediate Family
Length of Leave
In the event of a death in the employee’s immediate family, an employee may be granted up to three (3) day’s leave of absence with full pay to enable the employee to attend a funeral and/or make funeral arrangements. Employees may take an additional two days of bereavement leave if necessary, using sick, vacation, personal holiday, or compensatory time. If the employee has no time accrued, these days may be approved as leave without pay by department director or the City Manager.
Definitions
Immediate family includes spouse, mother, stepmother, father, stepfather, brother, sister, stepbrother, stepsister, child, stepchild, foster child, son-in-law, daughter-in law, mother-in-law, father-in-law, sister-in-law, brother-in-law, grandparents, aunts, uncles, nieces, nephews and grandchildren. In relationships other thenthan those set forth above, and/or exceptional circumstances, such leave or additional leave may be granted by the City Manager upon request.
Section 255
Unpaid Leaves of Absence for Personal Reasons
A personal unpaid leave of absence, not to exceed ninety (90) days, may be granted to regular full or part-time employees in the sole discretion and judgment of the City Manager. Requests for absence will be considered based on the employee’s length of service, performance, responsibility level, the reason for the request, the length of the requested leave, whether other individuals are already out on leave and the expected impact of the leave on the City.
Written Request
A written request for a personal leave must be provided to the City Manager at least thirty (30) days in advance, specifying the reason for the leave, the anticipated length of the leave, and the date on which the employee expects to return to work. In a true emergency, an employee may be allowed to request a personal leave with fewer than thirty (30) days’ notice. In all cases, a personal leave requires the advance written approval of the City Manager.
Unpaid Leave
All personal leaves are unpaid; however, employees who have accrued, unused vacation, compensatory or personal holiday time must first use such leave before unpaid leave will be granted.
Reinstatement to Position
The City will make every effort to reinstate an employee to theirhis or her same (or similar) position; however, this may not always be possible. In those instances, the employee generally will be offered a vacant position for which the employee is qualified. It is important to remember, though, that an employee who takes a personal leave of absence is not guaranteed re-employment or reinstatement.
Return to Work
An employee who does not return to work the first work day following expiration of the leave will be considered to have voluntarily resigned without notice.
Continuation of Benefits
An employee who is on an approved personal leave of absence will have theirhis or her health insurance benefits continued for the remainder of the month in which approved personal leave status begins. If the leave exceeds this period and the employee wishes to continue coverage, the City provides continued access to medical insurance in accordance with the requirements of COBRA.
Section 255
During any unpaid personal leave of absence, the employee will not accrue vacation or sick leave and will not be entitled to holiday pay or other benefits based on time worked. Additional information concerning COBRA and other benefits is available from the City Manager.
Section 256
Administrative Leave
The City Manager has the authority to grant up to an additional one week of administrative leave for management staff. This leave shall be granted as warranted to compensate for excessive overtime related to meetings outside of normal working hours. The leave shall be credited each anniversary date (from the date of employment started) and must be used by the following anniversary date or it will be lost. The first crediting of leave will be upon completion of the introductory period.
Section 265
Military Leave
Unpaid Leave
Employees who are ordered to or who volunteer for extended military training or active duty in the Armed Forces of the United States, the Coast Guard, the U.S. Public Health Service or a National Guard component, or who are ordered to or who volunteer to take part in weekend, weekly or monthly training, will be granted an unpaid leave of absence for the duration of the service and reinstated in accordance with applicable state and federal laws and regulations, including the Uniformed Services Employment and Reemployment Rights Act (USERRA) and ORS 408.225 to ORS 408.290.
Use of Accrued Paid Leave
An employee may choose to use any accrued, unused paid leave for military leave.
Employees should contact the City Manager with any questions concerning military leave or to request military leave.
The City’s Medical Leave policy (See Section 235) provides leave to care for injured service members. Pursuant to state and federal laws, certain leaves regarding qualifying exigencies related to calls to active duty for certain relatives may also apply.
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Benefits
Benefits may be subject to federal and state law and eligibility and issues concerning benefits may be described in plan documents or state law. The following briefly summarizes benefits offered by the City of Wood Village.
Health, Vision and Dental Insurance
The City of Wood Village participates with employees and their dependents to provide health, vision and dental insurance to cover non-occupation injuries and illnesses. Subject to plan terms, all introductory and regular employees are eligible for City contributions to health care coverage. Health care information is available from human resources, and the City’s healthcare insurance provider.
It is important that an employee and theirhis/her dependents verify their eligibility or coverage before undergoing any treatment in order to ensure that the treatment is covered. Questions about eligibility for health benefits or what is covered by the group insurance should be directed to human resources.
Workers Compensation
All employees shall be covered by Workers’ Compensation Insurance for injuries incurred in performing their duties. The amount of compensation and eligibility for receiving benefits is determined by the regulation of the plan. All premiums are paid by the City.
Unemployment Insurance
Employees are covered by unemployment insurance and, therefore, may be eligible for compensation under this program in the event of termination from City service.
Social Security
All employees shall be covered by Social Security. The City and employee contribute an amount determined by federal law to the employee’s social security account. Benefits from this fund are determined in accordance with the fund’s rules and regulations in effect.
Continuation of Benefits (COBRA)
An employee who is voluntarily or involuntarily separated from employment may have the option to temporarily continue theirhis/her health benefits under the federal COBRA law at the employee’s cost. The employee will be provided with information regarding this option shortly after theirhis/her last day of employment.
Section 270
Life Insurance
The City of Wood Village provides a group life, accidental death and dismemberment insurance for all qualified employees. For questions or information, contact human resources.
Employee Assistance Program
The City of Wood Village provides an Employee Assistance Program (EAP) to employees and dependents who are enrolled in the City’s medical coverage. The EAP provides confidential counseling services and educational tools such as resources relating to elder care, childcare, legal consultation, financial coaching, identity theft, and others. The City cannot provide legal resources to its employees or referrals to specific attorneys. Employees may contact the Oregon State Bar Association for more information: http://www.osbar.org/public.
Service Recognition
It is the practice of the City to recognize its employees for their years of service, with a gift at five-year increments. Regular employees will be recognized on their individual anniversary dates by receiving a gift of the employee’s choice selected from a list of gifts assembled by the City. The value of the gift selection shall be equivalent to a percentage of the maximum monthly salary of the City’s salary schedule for the median position of all authorized regular positions:
Five Years: 1.5% Twenty Years: 6%
Ten Years: 3% Twenty-Five Years 7.5%
Fifteen Years: 4.5% Thirty Years: 9%
Retirement
There is no mandatory retirement age for City employees except as required by state law for public safety employees. The City of Wood Village provides retirement benefits for its qualified employees through the Public Employees Retirement System (PERS) and alsoand pays payroll taxes for Social Security). Employees who work in excess of fifty (50) hours per month or 600 hours per year are eligible for PERS retirement benefits after six (6) months of employment. City and employee contributions are established by PERS and are based on gross wages. Employees should consult the PERS Summary of Member Benefits for further information. Contributions to F.I.C.A. are shared equally between the City and the employee, based on gross earnings.
Retirement Recognition
Whenever an employee with five or more years of service with the City retires, arrangements will be made to appropriately recognize this significant event in an
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employee’s career. This form of recognition should be tailored to the individual’s interest. Arrangements must be approved by the City Manager and any use of City funds may not be in the form of a gift of cash. Funds for an employee’s retirement recognition shall be double the appropriate Service Recognition percentage for that employee.
A person is considered to be retiring from employment if as a result of age or disability; theyshe/he will promptly begin receiving retirement benefits from the Public Employees Retirement System (PERS).
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Educational Development
The City may grant a regular employee time away from work with pay and other related costs associated with educational development that are deemed appropriate by the City Manager to a given situation. This benefit is contingent on the following:
• Classes and/or testing must be related to the employee’s assigned work and
must be approved in advance; and
• The employee must satisfactorily complete the class and/or testing by obtaining a final grade of “C” or better or “Pass” in a Pass-Fail Grading System.
The City will reimburse employees for the costs of education development that meets the above criteria.
Required Training and Certification
The City will reimburse employees for the costs of required certifications and for required training (including materials.) employees will be paid at their regular rate for hours spent in required training, based on the training schedule (not including lunch periods), including travel time to and from Wood Village to the training site if the employee is currently working. Employees will generally not be paid for travel time to and from the employee's home and the training site based on the training location. If the employee is required to use the employee's personal automobile to travel to training, the City will reimburse the employee for mileage at the current IRS rate. The City will reimburse employees for meals at the current IRS adopted rate. The City will also reimburse employees for reasonable lodging costs if the training requires an overnight stay. Employees must provide proper receipts to be reimbursed. As required by the IRS, some reimbursements may be classified as a taxable benefit to the employee.
Optional Training and Certifications
Employees who choose to obtain training and certifications not required by the City must do so on their own time. The City will not reimburse such employees for time, travel, certifications, or training costs.
Death
Employees who die or are killed while employed by the City shall have paid to their appointed beneficiary all pay, and vacation time due them.
Travel Expenses
Eligibility
Commented [BG12]: Do we want to revisit this?
Commented [GD13R12]: Perhaps add a qualifier such as “in general” or “based on the training location”
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Approved travel outside the City for the conduct of City business and/or attendance at conferences, seminars or training sessions, shall be paid for by the City.
Approval
Any City employee seeking approval of travel expenses shall, prior to incurring such expenses, submit a request to the appropriate supervisor who shall, in turn, seek the City Manager’s approval.
Expense Allowances
An employee may request an advance for approved travel and other expense allowances that have not been prepaid by the City. A properly documented per diem form, including receipts, shall be submitted to the employee’s supervisor within 24 hours after returning to work.
Lodging
Full single rate cost of hotel or motel rooms shall be paid upon submittal of voucher at the actual cost up to per diem rates established by the U.S. General Services Administration each October 1st. Government rates shall be requested when an employee is attending a class or a conference at a location at which the employee’s supervisor has approved an overnight stay. The City will pay the room rate that is offered at the hotel at which the conference or class is being held, regardless of the allowed per diem rate.
Meals
When traveling outside the City on City business, meals shall be paid by the City at the actual cost up to the per diem rates established by the U.S. General Services Administration. An employee may claim meals as follows:
BREAKFAST: Breakfast is reimbursable if business requires that the employee be away from home before 6:00am and is not expected to return to the worksite until at least 10am.
LUNCH: Lunch is reimbursable if business requires that the employee be away between the entire period between the hours of 10:00am and 2:00pm.
DINNER: Dinner is reimbursable if the employee has been away from at least 3pm, and business requires the employee to not return back to the point of origin until after 7:00pm
The City will pay the actual cost for meals that are an integral part of the meeting/class/conference being attended; not limited to the per diem rates. Employees will not be reimbursed for meals in addition to meals that are part of the meeting/class/conference being attended. Example: A dinner is provided as part of a conference,conference; the employee would not be reimbursed for a second dinner meal that same evening.
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As required by the IRS, some reimbursements may be classified as a taxable benefit to the employee.
Transportation
Full cost of the round-trip coach airfare and taxi or limousinetransportation costs to and from the airport shall be paid in cases where air travel is necessary. Mileage, when authorized to use a personal car, is paid at the current IRS deductible rate per mile.
If an employee elects to use a personal car for a trip where air travel would normally be used, the City will pay an amount equal to the airfare.
Part Time Temporary Employees
Employees working part time on a temporary or short-term basis shall receive no benefits listed in this section, but must participate in the Public Employee’s Retirement System (PERS) if required by the regulations of PERS.
Part Time Regular Employees
Employees hired to work part time on a regular or long termlong-term basis are eligible for all benefits discussed in this Section.
Change of Information Notification
An employee must notify human resources, in writing, of any changes in address, marital status or if the number of the employee’s dependents changes.
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Personal Conduct
Ethics
At the City of Wood Village, we believe in treating people with respect and adhering to ethical and fair business practices. We expect employees to avoid situations that may compromise their or the City’s reputation or integrity, or that might cause their personal interests to conflict with the City or citizens. We at the City of Wood Village are public employeesservants, and as such, are also subject to the State of Oregon’s ethics law. In some cases, these laws provide additional limitations on employees, such as prohibitions on gifts and strict definitions of conflict of interest. If you are coming to the City from work in the private sector, you may find that some activities that are common business practices are prohibited in the public sector. Information on these laws is available at the Oregon Government Ethics Commission website: http://www.oregon.gov/OGEC. If you have questions about whether an activity meets the City’s or Oregon’s ethics standards, please contact the City Manager or Human Resources. Employees who violate the Ethics Policy, or who violate Oregon ethics law, may be subject to criminal charges and disciplinary action up to and including termination.
Open Door Policy
The City’s Open-Door Policy is based on our belief that open, honest communication between managers and employees should be a common business practice. The City’s managers and supervisors are responsible for creating a work environment where employee input is not only welcomed but encouraged, and where issues are identified early and shared without fear or retaliation (when the employee provides input in good faith). If you have a complaint, suggestion, or question about your job, working conditions, or the treatment you are receiving from anyone in the City, please raise them with your immediate supervisor, Human Resources, or City Manager.
Conflicts of Interest
All City of Wood Village employees are subject to and must abide by Oregon Ethics laws for public officials. Employees shall not participate in or vote for any contract, sale, purchase, service, or other transaction between the City and a business firm in which they have a financial interest. Employees shall be required to disclose such financial interest, if any, at the time of hiring and this information shall become part of their official employment record.
Gifts
An employee shall follow all applicable state government ethics laws, and shall not accept or solicit anything of economic value, such as a gift, gratuity, favor, entertainment, or loan, which may appear to influence their official conduct. This does not prohibit the acceptance of unsolicited advertising material of insignificant value.
All employees of the City of Wood Village will be expected to meet minimum standard competencies including but not limited to the following:
1. Is familiar with all job aspects including required equipment use; Performs job properly
and accurately with the appropriate amount of supervision, and within established time frames; Meets or surpass established goals.
2. Identifies and resolves problems in a timely manner; Gathers and analyzes information skillfully; Develops alternative solutions; Works well in group problem solving situations; Uses reason even when dealing with emotional topics.
3. Manages difficult or emotional customer situations; Responds promptly to customer needs; Solicits customer feedback to improve service; Responds to requests for service and assistance; Meets commitments.
4. Focuses on solving conflict, not blaming; Maintains confidentiality; Listens to others without interrupting; Keeps emotions under control; Remains open to others' ideas and tries new things.
5. Speaks clearly and persuasively in positive or negative situations; Listens and gets clarification; Responds well to questions; Participates in meetings.
6. Balances team and individual responsibilities; Exhibits objectivity and openness to others' views; Gives and welcomes feedback; Contributes to building a positive team spirit; Puts success of team above own interests; Able to build morale and group commitments to goals and objectives; Supports everyone's efforts to succeed; Recognizes accomplishments of other team members.
7. Treats people with respect; Keeps commitments; Inspires the trust of others; Works with integrity and ethically; Upholds organizational values.
8. Works within approved budget; Identifies and supports the implementation of cost saving measures; Contributes to profits and revenue; Conserves organizational resources.
Confidentiality
Employees shall hold confidential all information deemed not to be for public consumption as determined by City and departmental regulations. Employees shall also respect the confidentiality of people served in the course of the employee’s duties and use information gained in a responsible manner.
Identity Theft Prevention Practices
• Safeguarding Personal Information: The City of Wood Village shall implement and
maintain reasonable safeguards to protect the security and confidentiality of personal information, including its proper disposal. Personal information includes an employee’s or customer’s name in conjunction with a Social Security Number,
Commented [BG15]: Does this belong in the personnel manual? It is covered under individual job descriptions and evaluations.
Commented [GD16R15]: Having this in the personnel policies has added to our ability and strength to address performance issues.
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passport number, driver’s license or State issued ID number or card, or financial, credit or debit card numbers along with a security or access code.
• Social Security Numbers (SSN): The City will safeguard SSNs on all City materials. Except when required by law, SSNs shall not be printed on mailed materials not requested by the employee or customer unless redacted, shall not be printed on cards used to access products, services, or City buildings, and shall not be included on public postings or displays, including the City’s website. Exemptions include requirements by the State of Oregon, federal laws including forms such as W-2, W-4, 1099, et al, records used for internal verification or administration processes, and records used for enforcing a judgment or court order.
• Notification of Security Breach: The City shall provide notification of a security breach as soon as possible in writing, or electronically if it is the primary manner of communication with the employee or customer, or by telephone if the person is contacted directly. The exception is if the notification would impede a criminal investigation.
• Assessment of Controls: The City shall review the use of personal information and document in writing the technical controls established to safeguard personal information stored on documents or in electronic format
• Employees: All employees shall adhere to this practice and any internal processes as directed by their supervisor. Noncompliance may result in formal disciplinary action up to and including termination of employment. New employees shall be trained on this practice. Employees shall contact their supervisor if they have any questions about compliance with this practice.
Conflicts of Interest
All City of Wood Village employees are subject to and must abide by Oregon Ethics laws for public officials. Employees shall not participate in or vote for any contract, sale, purchase, service, or other transaction between the City and a business firm in which she/he has a financial interest. Employees shall be required to disclose such financial interest, if any, at the time of hiring and this information shall become part of his/her official employment record.
Gifts
An employee shall follow all applicable state government ethics laws, and shall not accept or solicit anything of economic value, such as a gift, gratuity, favor, entertainment, or loan, which may appear to influence his/her official conduct. This does not prohibit the acceptance of unsolicited advertising material of insignificant value.
Public Relations
Employees shall be courteous, considerate, and prompt in dealing with and serving the public.
Commented [BG17]: Maybe move up to the section on Ethics.
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Personal Visitors
An employee may receive personal visitors provided that these are kept to a minimum in time and frequency and do not impede the employee or other City employees from performing their jobs in an acceptable manner. There shall be no baby-sitting or pets allowed in the various City offices by employees. This is also construed to mean that school children will not be allowed to wait in the City offices for their parents after school closing time.Children, pets, and other visitors may be allowed in City buildings for special events or situations with prior authorization from a Director or City Manager.
Political Activity
Employee involvement in political activities is a protected first amendment right. As a public employee, all applicable state and federal laws must be followed regarding political activity. Employees of a City department which is financed in whole or in part by federal funds are subject to the provisions of the Hatch Act, which prohibits taking active part in political management or in political campaigns. This includes the holding of a partisan office, or service on or for any committee of a political party organization. However, nothing in this section is intended to restrict the right of a public employee to express theirhis/her personal political views.
The restrictions imposed by the law of the State of Oregon (ORS 260.432(2)) on employees’ political activities are that “No public employee shall solicit any money, influence, service or other thing of value or otherwise promote or oppose any political committee or promote or oppose the nomination or election of a candidate, the gathering of signatures on an initiative, referendum or recall petition, the adoption of a measure or the recall of a public office holder while on the job during working hours. However, this section does not restrict the right of a public employee to express personal political views.”
It is therefore the policy of the City of Wood Village that employees may engage in political activity except to the extent prohibited by state law when on the job during working hours.
Other Employment
An employee shall not engage in outside or other employment which is not compatible with the full and proper discharge for the duties and responsibilities of theirhis/her position with the City, or which tends to impair theirhis/her capacity to perform the job in an acceptable manner. Written approval of outside employment must be received from the employee’s supervisor with the approval of the City Manager prior to accepting secondary employment. Accepting such employment without prior approval is grounds for dismissal.
Commented [BG18]: Do we want to change this? We did permit Jennifer to bring her baby to work.
Commented [GD19R18]: Let’s update this to be a bit more open and accommodating. I have no issue with just keeping the first sentence and enabling special events or situations.
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Smoking
Smoking or use of any tobacco products inside City of Wood Village premises or property is strictly prohibited and is a violation of Oregon law. Smoke may be detrimental to our equipment and is hazardous to the health of all employees and others who may be on site.
Section 305
Use of City Property
General Property Use
An employee shall not, directly or indirectly, use or allow the use of City property, supplies or equipment; both owned and leased, for purposes other than official conduct of City business and activities. Employees who use City equipment for purposes other than official conduct of City business and activities may be subject to discipline, up to and including termination. Any copies made for personal reasons needs to be paid at the citizen copy rate before the copies are made.
Landscaping
Landscaping on City property such as plants and plant materials are for the visual enjoyment of the entire community. Flowers are not to be picked for personal use by any employee or citizen. Flowers may be cut for use within City Hall, but are not to be taken off the premises. If a citizen should ask if they can take a flower, we need to tell them the City’s practice is “no” because they need to be maintained for the visual enjoyment by everyone. Edible fruit from any tree or plant material may be removed on a first-come, first-serve basis. Removal should be encouraged of any fruit which creates a nuisance such as the chestnut trees on City Hall grounds. The digging or searching of artifacts or items of monetary or historic value is prohibited on City property unless authorized by law, or City contract.
Occasionally a tree will fall or will need to be removed from City property. Only authorized Public Works employees or contractors are to remove trees and other plant material from City property. If remaining wood has value as fire wood or other value, it must be stacked and placed where the general public can have access to it on a first-come, first-serve basis.
City Vehicles
Unless approved in advance by the Public Works Director or the City Manager, all City vehicles shall be returned to City premises at the end of the work day and housed there at all times except when being used for City business. On a call-out the employee shall pick up a vehicle at the City and return it to the City premises at the completion of that day’s required work. No passengers other than City personnel including elected and appointed officials or contracted agents shall be permitted in City vehicles, except in emergency situations. Emergency Preparedness Vehicles will not be driven outside the City limits except for required maintenance, repair services, or as authorized by the Public Works Director.
Section 310
Computer, E-Mail and Voicemail Use
Business Use Only
Beyond de minimus use, the City of Wood Village’s e-mail and voicemail systems are for business use only. Employees are prohibited from sending messages that are inappropriate, non-business-related or harmful to other employees, job applicants, customers, vendors, the City of Wood Village’s reputation, public image or business activities. This includes personal notes, sexually explicit material, language or innuendo, etc. Employees should have no expectation of privacy in use of any City electronic or communication devices.
All City Practices Apply
Employees shall follow all City practices and guidelines when utilizing the City’s computer resources, including but not limited to those relating to confidentiality, harassment, solicitation, scanning for viruses, outside employment and business ethics, and encryption of data sent across the Internet.
The City’s Anti-Harassment and Discrimination practices apply to the use of the City’s computer resources, including all electronic communications systems. No one may use electronic communications in a manner that might be construed by others as harassment based on race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, disability, pregnancy, gender identity, genetic information, domestic violence victim status, military or veteran status, injured worker status, non-supervisory family relationships, or any other protected status or association with members of a protected classrace, color, creed, religion, sex, marital status, sexual orientation, age, national origin, disability or any other protected status, or as sexual harassment. No attempts at humor on these bases should be transmitted over the City’s electronic communications system.
No Solicitations
Additionally, the City’s electronic communications systems may not be used to solicit for religious or political causes, outside organizations or any personal matters or commercial activity unrelated to the business of the City.
Limited Access
No one may access or attempt to obtain access to another employee’s electronic communications without appropriate authorization of the City Manager.
No anonymous communications are to be made using the City’s computer resources. No aliases may be used in conjunction with any use of the City’s computer resources.
Penalties for Violations
Violators of this practice may be subject to discipline, up to and including termination.
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Internet Access
All Practices Apply
These Internet guidelines are designed to help you understand the City of Wood Village’s expectation for use of the Internet and to help you use those resources wisely. In addition to the requirements of this Internet Access practice, all existing City practices apply to an employee’s use of the Internet when accessed through the City’s network or when City information is accessed from anywhere.
Right to Monitor
No employee should have any expectation of privacy as to theirhis/her Internet usage at work. Users should be aware that the City reserves the right to monitor use of the Internet over the City’s network and/or with City equipment at its discretion, including e-mail messages, postings and downloads, as well as the names of Internet sites visited, without specific notice to the user. Users accessing the Internet over the City’s network and/or with City equipment consent to such monitoring and acknowledge that it is within the City’s discretion to block access to particular sites, apply further restrictions to Internet access, and/or revoke a person’s access to the Internet.
Authorized Use of the Internet
Employees shall only use the the City of Wood Village’s computer network, including its connection to the Internet for business-related purposes during work time. Employees may use the internet on their authorized break period for personal purposes, but all City practices and guidelines still apply. Internet access is authorized only through the use of an appropriately configured browser as distributed by the City. All users are responsible for ensuring that they use their Internet access privilege in an effective, ethical and lawful manner, and that such use enhances rather than interferes with their productivity.
Unauthorized Use of the Internet
Unauthorized use of the Internet through the City’s network or with the City’s equipment is strictly prohibited. Unauthorized use includes but is not limited to posting, downloading or connecting to Internet sites which contain pornographic material; engaging in computer “hacking” and other related unauthorized or illegal entry activities; attempting to evade or compromise the security of information contained on City of Wood Village computers; solicitation of non-City business or other activities for personal financial gain; or any illegal activity. Specifically, using the Internet to transmit or retransmit offensive, harassing, demeaning or disruptive messages or postings is strictly prohibited. This includes but is not limited to messages that are inconsistent with City of Wood Village practices and guidelines concerning equal employment opportunity and sexual or other unlawful harassment. Employees must also comply with the City’s policies concerning
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political activity and confidentiality (Section 300) when using the City’s computer network.
Specific Internet Practices
The City of Wood Village practice regarding specific Internet aspects is as follows:
Internet E-Mail. The City’s email system is intended for business purposes only and should be used only to transmit messages and documents to customers or concerning customer matters with the permission of the customer. All Internet e-mail and postings should have the real name of the sender attached to it and no messages or postings should be transmitted under an assumed name. Employees are responsible for the content of all text, audio or images they place or send over the Internet. Employees may send brief personal emails while on break time, but must do so from a personal (non-City) email account subject to the requirements of this section.
Newsgroups/Mailing List Postings. Subscriptions to news groups and mailing lists are permitted when the subscription is for a work-related purpose. Any other subscriptions are prohibited. Because postings placed on the Internet may display the City’s address, make certain before posting information on the Internet that the information reflects the professionalism standards and practices of the City of Wood Village.
Expressing Personal Opinions. Expressing personal opinions on the Internet during work time or related to work is prohibited. Under no circumstances shall customer information or other information of a confidential, sensitive or other proprietary nature be placed on the Internet. If employees have questions about the confidential status of any information, they should check with their supervisor, as appropriate.
Copyright. Do not post, transmit or otherwise reproduce on the Internet information that has been authored by others without the express permission of the author or copyright holder(s). Copyrighted material downloaded from the Internet may not be republished in violation of the copyright or without the written consent of the copyright holder.
External Connections. Users may not establish Internet or other external network connections that could allow unauthorized persons to gain access to the City network and information, including but not limited to hosts with public modem dial-in, World Wide Web home pages and File Transfer Protocol (FTP).
Downloading Files. All files downloaded from the Internet must be checked for possible computer viruses. It is all users’ responsibility to check that their virus-checking software is operational and to report problems to the City’s IT service provider. Users should be sensitive to the size of files downloaded from the Internet and the possible effect on the performance of the City’s network of large downloads, such as graphics and
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multimedia files. Only files pertaining to business should be downloaded. Downloading free or beta software or different versions of firm software is strictly prohibited.
Secure Sites. Access to certain secure sites is prohibited.
System Security
The great benefit of access to the Internet also opens the door to significant risks to the City’s data and overall system. The overriding principle is that security is to be everyone’s first concern. That concern for security may require the prevention of certain machines with sensitive data or applications from connecting partially or entirely to the Internet. Additionally, all messages or information created, sent, or retrieved over City of Wood Village Internet/e-mail are the property of the City.
Penalties for Violations
Any employee who violates this practice will be subject to discipline, up to and including termination. The City of Wood Village also reserves the right to advise law enforcement officials of any violations of this practice that may constitute illegal activity.
Section 325
Social Networking and Blogging
The City of Wood Village takes no position on any employee’s decision to start or maintain a social media blog or participate in other social networking activities. However, it is the right and duty of the City to protect itself from unauthorized disclosure of information. The City of Wood Village’s social networking policy covers City-authorized social networking and personal social networking and applies to all employees (see Authorized Social Networking and Personal Blogging/Social Networking below).
General Provisions Blogging or other forms of social media or technology include but are not limited to video or wiki postings, sites such as Facebook and Twitter, chat rooms, personal blogs or other similar forms of online journals, diaries or personal newsletters not affiliated with the City.
Unless specifically instructed, employees are not authorized and therefore restricted to speak on behalf of the City of Wood Village. Employees are expected to protect the privacy of other employees and clients and are prohibited from disclosing personal employee and nonemployee information and any information to which employees have access through work. This policy does not prohibit employees from exercising their rights under applicable employment relations laws.
Authorized Social Networking Authorized social networking is social networking or blogging on behalf of the City which has been authorized by the City. Authorized social networking and blogging is used to convey information about City services, promote and raise awareness of activities and events, and issue or respond to breaking news or negative publicity.
The goal of authorized social networking and blogging is to become a part of the community conversation and promote web-based sharing of ideas and exchange of information. When social networking, blogging or using other forms of web-based forums, the City must ensure that use of these communications maintains our integrity and reputation while minimizing actual or potential legal risks, whether used inside or outside the workplace.
Currently Authorized Social Networking is done on a case by case basis, and direction and monitoring of such authorized activity is conducted by the appropriate Department Director and City Manager.
Personal Blogs/Social Networking The City of Wood Village respects the right of employees to write blogs and use social networking sites, the City does not want to discourage employees from self-publishing and self-expression, and does not discriminate against employees who use these media for personal interests and affiliations or other lawful purposes.
If you choose to identify yourself as a City of Wood Village employee, please understand that some readers may view you as a spokesperson for the City due to your content including
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text and images. Because of this possibility, we ask that you state that your views expressed in your blog or social networking area are your own and not those of the City, nor of any person or organization affiliated or doing business with the City of Wood Village. In order to avoid misrepresentations, employees should not portray themselves in City uniforms or any official capacity on non-work authorized networking mediums.
Employer Monitoring Employees are cautioned that they should have no expectation of privacy while using the internet at work, subject to lawful access to public postings. Postings can be reviewed by anyone, including the City of Wood Village. The City reserves the right to monitor comments or discussions about the City, its employees, and clients.
Employees are cautioned that they should have no expectation of privacy while using city of Wood Village equipment or facilities for any purpose, including authorized blogging.
Section 330
Substance Abuse
Statement
The City of Wood Village has the responsibility and a commitment to all its employees to provide a healthy and safe workplace and environment.
Employees of the City of Wood Village have the responsibility to arrive at work free from the effects of drugs, alcohol and other job-impairing substances. These responsibilities result in the objective of establishing a work environment where all employees are free from the effects of drugs, alcohol and other job-impairing substances.
The City of Wood Village recognizes that chemical dependence and/or alcohol-related problems are treatable conditions and offers referral to the City’s Medical Benefits Program for employees seeking counseling and treatment. The existence of chemical dependency, alcohol-related problems or the existence of referral assistance does not waive the employee’s responsibility to comply with City employment practices. Employees who suspect they or a family member may have an alcohol or drug abuse problem are strongly encouraged to seek assistance from the Employee Assistance Program before it affects job performance and requires disciplinary action. The Employee Assistance Program is available 24 hours a day and information on the program can be obtained from a department director or human resources.
It is every employee’s responsibility to support and abide by the prohibitions and requirements of this practice as a condition of employment. Employees who encounter possible violations of this practice at work are expected to report such incidents to their supervisor, department head, human resources, or the City Manager. Such reports shall remain confidential to the extent feasible. During investigations of these matters, employees are expected to respond honestly and cooperatively. Employees who are dishonest or do no cooperate are subject to disciplinary action up to and including termination.
Purpose
Drug and alcohol abuse leadslead to more accidents on the job, lower job performance, lost productivity, increased absenteeism, high medical costs and rising thefts. Impaired employees on the job are potentially dangerous to themselves and could jeopardize the health, life or safety of fellow employees. While the City has no intention of intruding into the private lives of its employees, it does require them to report for work in fit condition to perform their duties in a safe manner.
Any employee who fails to comply with the City’s practice that governs the use, sale, possession, distribution, manufacturing, or effects of controlled substances or alcohol in the workplace may be disqualified from unemployment benefits.
Section 330
Substance Abuse Prevention Program
The City of Wood Village prohibits the use, sale, manufacturing, possession and/or distribution on its premises, facilities and/or workplaces of any of the following: alcoholic beverages, intoxicants and narcotics, illegal or unauthorized drugs (including marijuana), and related drug paraphernalia. In addition, a City employee will not be allowed to report for work under the influence of any drug, alcoholic beverage, intoxicant or narcotic or other substance (including legally prescribed drugs and medicines) which will, in any way, adversely affect theirhis/her working ability, alertness, coordination or response, or adversely affect the safety of others on the job.
Such use, possession, distribution or impairment during working hours (breaks and lunches included) and/or on City premises will be grounds for disciplinary action, up to and including termination. All drug testing and results obtained under the requirements of the Substance Abuse Prevention Program will be coordinated with and authorized by the City Manager or theirhis/her designee. All such activities will be kept confidential.
Voluntary Drug and/or Alcohol Rehabilitation
Employees who have a drug or alcohol abuse problem are encouraged to use the Employee Assistance Program. Effective treatment requires that the employee acknowledge the seriousness of the problem and make a commitment to a plan for rehabilitation. Any employee who enters a drug treatment program that requires absence from work may be put on medical leave of absence subject to a physician’s authorization for Return to Work. Such admission will not be used as a basis for disciplinary action and will not be used against the employee in any disciplinary proceeding. It will not be a defense, however, to the imposition of disciplinary action based on unrelated breaches of the City’s personnel practices.
Criminal Drug Conviction
To continue employment employees must notify the City Manager of any criminal drug statute conviction for a violation in the workplace, no later thenthan five days after such conviction. Employees convicted shall be required to successfully complete a drug abuse assistance or rehabilitation program and remain drug free. Any employee who enters a drug treatment program that requires absence from work may be put on medical leave of absence subject to a physician’s authorization for Return to Work. Nothing in this practice, however, prohibits the City from taking disciplinary or other action based on drug use or a criminal conviction.
Medically Authorized Drugs
While prescription drugs are normally used for therapeutic reasons, such use may lead to the misuse and abuse of the drug. Accordingly, the use of prescription drugs is also
Section 330
covered by this section. It is the employee’s responsibility to inquire of theirhis or her physician whether a drug will affect his or hertheir ability to work safely and productively according to theirhis or her job description. If the drug in question may impair performance essential to job functions, the employee shall inform his or hertheir supervisor, and the supervisor shall inform Human Resources of the use in advance of beginning work. The City will consider a reasonable accommodation for an employee who needs to use a legally prescribed drug per section 050 of this manual. Employees who take a drug not in accordance with the prescribed dosage by a physician will not be given the benefit of this provision.
Definitions
Drug/Alcohol Testing: An analysis of a urine or blood specimen provided by the employee.
Reasonable Suspicion: Specific observations that relate to significant changes in work performance, appearance (including, for example, noticeable odor of an alcoholic beverage), behavior or speech of an employee. In cases involving an accident that results in physical injury or property damage which occurs during the employee’s scheduled work shift or while engaged in City business and when such accident cannot otherwise reasonably be explained, reasonable suspicion is deemed to exist. All employees involved in an accident, regardless of injury, may be tested at the discretion of the City.
Under the Influence: Having drugs or alcohol in one’s system (including but not limited to blood and urine). It also includes being hung over, or having consumed alcohol or drugs so recently that there is a reasonable possibility of impairment to safe and efficient functioning.
Employees with a blood alcohol concentration of .02 or above will be considered to be under the influence and subject to disciplinary action up to and including termination.
Grounds for Searches
If there is reasonable suspicion to suspect an employee may be in possession of a drug or alcohol on City premises, that employee may be required to submit to a search of his/hertheir personal belongings on City premises. Refusal to allow such a search shall be cause for immediate suspension without pay pending further investigation. Disciplinary action up to and including termination may result.
Schedule for Testing
Human resources will arrange for an employee to take a drug/alcohol screen test at a licensed medical laboratory for pre-employment purposes or if the employee’s action gives rise to reasonable suspicion, as defined above.
If a pre-employment drug screen is positive for illegal or unauthorized substances, the City reserves the right to deny employment to the individual. If the employment continues, the employee may be subject to additional drug screening at any time during the six-month introductory period. Employee who test positive for illegal or unauthorized substances during their six-month introductory period are subject to disciplinary action up to and including termination.
Commented [BG20]: Need to discuss at management team how we want to handle marijuana and testing.
Section 330
Guidelines for Testing
1. Employees who are being tested will be suspended from work with pay until the test results are received.
2. If a medical clinic is used to collect urine or blood specimens for forwarding to a licensed medical laboratory for analysis, the City Manager or theirhis/her designee will verify that the clinic ensures that the “chain of custody” is well-documented and controlled for accurate recording.
3. The employee will be taken to the medical laboratory or medical clinic for the test by a City employee designated by the City Manager.
4. If the employee refuses to submit to the test or sign a consent form, theirhis or her employment may be terminated.
5. If the collector determines that a specimen may be unsuitable for testing, the employee may be required to remain at the collection site until theyhe or she provides a specimen that is suitable for testing. Employees will be notified of any results showing a specimen to be invalid or unsuitable for testing and be given an opportunity to provide a medical explanation. If no reasonable medical explanation exists, the employee will be considered to have refused the test.
6. If the initial urine or blood screen is negative, the employee will return to work and be made whole for all wages, hours and benefits, including overtime hours previously agreed upon unless said overtime was cancelled or rescinded.
7. If the initial urine or blood screen is positive, the result will be confirmed.
8. If the confirmation test is negative, the employee will return to work and be made whole for all wages, hours and benefits, including overtime hours previously agreed upon unless said overtime was cancelled or rescinded.
9. Following a positive confirmation test, an employee will be subject to disciplinary action and/or termination of employment.
10. Any conduct that has the purpose or the effect of interfering with the substance abuse testing procedure may be subject to disciplinary action and/or termination of employment.
Employee Rights
Any employee who tests positive and is terminated by the City based upon test results can request and will receive from the City copies of all written documentation available from the testing laboratory which verifies the accuracy of the equipment, the qualifications of lab personnel, the chain of custody of the specimen and the accuracy rate of the laboratory.
Section 350
Dress and Appearance
Expectations
Employees are expected to present an appropriate and/or professional appearance and practice daily hygiene. Employees who regularly meet with customers or members of the public are expected to dress appropriately. Significant or repeated departures from accepted appearance and hygiene standards may result in disciplinary action up to and including termination.
Employees must present themselves in such a way as to generate trust, confidence and respect from the public they serve. It is not the goal to regulate or dictate matters of personal style and taste except to the degree that individual appearance decisions would lessen public confidence in the City of Wood Village. The City will also take into consideration religious accommodations for dress and appearance per section 051 of this manual.
The following are examples of appropriate dress:
1. Office Employees. Appropriate dress for office employees includes full-
length or calf length pants, blouses and shirts, sweaters, suits, sport coats, dresses and skirts, casual or dress shoes, and sandals. Flip flops, tennis shoes and jeans are not considered appropriate for work unless authorized by the City Manager as part of a special day, occasion or event. Casual wear flexibility is at the discretion of the City Manager when weather or other circumstances allow. City employees must maintain business casual attire for public meetings and outside trainings.
2. Field Employees. Appropriate dress for field employees includes jeans or
work pants and City-issued shirts. Hats must be City-issued unless a certified medical condition requires the use of a non-City issued hat approved by the Director. Footwear must be OSHA-approved and safety gear must be worn at all times per OSHA and/or Safety Committee requirements.
Commented [BG21]: Do we want to make changes to this for allowing more casual wear &/or shorts?
Commented [GD22R21]: Yes, let’s discuss this section and potential revisions.
Section 355
Parking
Reserved Parking
Parking spaces near the entrances of City Hall are reserved for residents and customers of the City. There are no reserved employee parking spaces.
Liability
Parked vehicles should be locked at all times. The City of Wood Village is not responsible for damage to personal vehicles. Additionally, the City of Wood Village is not responsible for the loss or theft of personal items left in vehicles parked on City property or from City vehicles parked anywhere.
Section 360
Inclement Weather
Office Closures
Citizens of Wood Village expect the City to offer continued public service and emergency services during periods of inclement weather. All departments and offices of the City will be open for regularly scheduled business during inclement weather conditions except in extreme circumstances the City offices may be declared closed by the Mayor or theirhis/her designee.
If the Mayor or designee closes City Hall offices, employees shall receive full pay as regular work hours. Non-exempt employees who work any hours during official office closure times shall receive compensation equal to actual time worked at their straight time hourly rate in addition to full pay as regular work hours.
Employees
(a) Employees are expected to report to work unless their personal safety would be endangered due to travel conditions. Only the employee can assess the individual situation and decide whether it is safe to report for work. Employees who decide not to report or are unable to report to work must notify their supervisor as soon as possible.
(b) An employee who chooses not to report for work, reports to work late, or chooses to
leave work early during inclement weather conditions shall use vacation time, compensatory time, or their personal holiday for time lost. Leave without pay can only be taken in accordance with section 255 Unpaid Leaves of Absence. Sick leave may not be used for lost time under these conditions.
(c) Supervisors may permit employees to make up short periods of absence due to
inclement weather provided such activity does not conflict with City practices and guidelines and that such work time does not result in overtime compensation or liability.
(d) Employees already in an approved leave status at the time of closure will remain in
that leave status unless called in to work and actually work during the official office closure period.
Commented [BG23]: I’m not sure, but I think previous weather related closures were determined by the City Manager.
Section 365
Personal Telephone Calls and Faxes
Phone Calls
Beyond de minimus use, except in cases of true emergency, employees should not make or receive personal and non-emergency telephone calls or text messages during working time. Whenever possible, such calls must be made during an authorized rest or lunch break. Personal long-distance calls must be charged to an employee’s home phone number or calling card or personal credit card. Employees who make or receive excessive non- business telephone calls during work time or who charge non-business long distance or toll calls to the City are subject to disciplinary action, up to and including termination.
Faxes
Employees may use the City fax machine for occasional (infrequent), use. If you need to use the fax machine for personal reasons you may do so by filling out the long-distance slip by the fax machine and marking it “personal”. When the bill arrives, the Finance Department will collect from you the cost of the fax including all taxes.Beyond de minimus use, employees should not send regular faxes of a personal nature.
Pagers
Except in cases of true emergency, employees may not respond to personal pages during work hours. Employees who respond to non-emergency pages during work time are subject to discipline, up to and including termination.
City-Owned Cell Phones
Employees who carry City-owned cell phones may not use those phones to initiate or receive non-emergency personal calls. This includes local and long- distance calls. The use of cellular telephones while driving is strictly prohibited.
The City of Wood Village may monitor and periodically audit the usage of city-owned cell phones. Employees shall have no expectation of privacy when using such city-owned devices including smart phones
Employee-Owned Cell Phones
Beyond de minimus use, except in cases of true emergency, employees may not make or receive non-business telephone calls or other communication on their personal cell phones during work hours. Whenever possible, such calls must be made during an authorized rest or lunch break. Employees who make or receive excessive non-business telephone calls during work time are subject to discipline, up to and including termination. The use of cellular telephones while driving on City business is strictly prohibited.
Commented [BG24]: This hasn’t been done in a long time. When people did send faxes to a long-distance number, the actual invoice was well under a dollar. It costs more in finance personnel time than the City recoups.
Section 365
Cell Phones and Pagers During Business Meetings
Cell phones and pagers must be silenced during all City business meetings unless required for emergency or customer response purposes.
Section 374
Disciplinary and Grievance Practices Applies to employees hired prior to March 13, 2002
Disciplinary Procedures
The principles of progressive discipline shall normally be used in disciplining City employees. [New 7/92] Salaried employees not entitled to overtime compensation are subject to suspension but not without pay. [New 12/94] Progressive disciplinary action shall include, but not be limited to the following: [New 7/92]
Disciplinary action may be imposed upon any employee for failing to fulfill his/her responsibilities as an employee. Conduct reflecting discredit upon the City or which is a direct hindrance to the effective performance of City functions shall be considered good cause for disciplinary action. Such cause may also include misconduct, inefficiency, incompetence, insubordination, misfeasance, malfeasance, the willful giving of false information or the withholding of information when making application for employment, willful violation of City policy, departmental rules or for political activities forbidden by State laws. [New 7/92] [Rev. 4/99]
If a supervisor has reasons to discipline an employee, s/he shall make reasonable efforts to impose such discipline in a manner that will not embarrass or humiliate the employee before other employees or the public. [New 7/92]
(A) Information Notice
If an employee receives an informational notice, a copy shall be placed in the employee's personnel file. The informational notice advises the employee of a potential problem area that could, if continued, result in disciplinary action or dismissal. [New 7/92]
(B) Correction Notice
An employee shall receive a copy of any correction notice, and it shall be made a part of his/her personnel file. A correction notice advises the employee that s/he has violated a rule, regulation or policy of the City. It is the intent of this type of notice to make the employee aware that, if such
Section 374
infraction or violation does not cease, s/he shall be subject to immediate dismissal or disciplinary action. [New 7/92]
(C) Suspension
The City Manager shall have the power, depending upon the nature and gravity of misconduct, to suspend employees without pay and benefits and without notice, for reasonable periods not exceeding sixty (60) days.
An employee shall receive written notice of all charges and shall be given the opportunity of formal appeal to the City Council whose decision shall be final. Such suspension may result in permanent separation of employment. [Rev. 5/00]
(D) Dismissal
The City Manager may remove any employee with regular status for cause. Cause shall include misconduct, inefficiency, incompetence, insubordination, indolence, malfeasance, or failing to fulfill responsibilities. The City Manager shall furnish the employee with a written statement of the specific grounds and reasons for dismissal in sufficient detail to apprise the employee of the facts before removing the employee.
In cases of: dishonesty, conviction of any crime where the conviction would impair effectiveness as a City employee or bring discredit or reproach upon the City, physical violence including engaging in acts of bodily harm or attempting to inflict bodily harm, physical intimidation or verbal or written threats of violence, insubordination, theft, under the influence of alcohol or drug, use or abuse of a controlled substance, and/or unexcused absences, the employee may immediately be dismissed without prior written notification. An employee may be separated or dismissed without the right of appeal at any time during his/her initial introductory period of employment. [Rev. 4/99] [Rev. 5/00]
Employee Right to Protest
An employee may request an investigation of his/her dismissal or suspension or any correction notice and shall have the right to protest any such dismissal, suspension or correction notice in accordance with the City's grievance practices contained in Section 375.
Section 375
Disciplinary and Grievance Practices
Disciplinary Practices
It is the practice of the City of Wood Village that disciplinary actions should be corrective and progressive whenever possible. However, the City reserves the right to skip over any and all steps at any time as the City deems appropriate under the circumstances and employees may be terminated at will. The following disciplinary methods are, therefore, established:
A. Oral Warning
An oral warning may be used to correct minor conduct or job performance violations. The supervisor shall discuss the violation privately with the employee and shall explain to the employee what actions will be required to prevent the violation from recurring. The supervisor shall document the oral warning, a copy of which shall be maintained in the employee’s personnel file.
B. Written Warning
A written warning may be used to correct first-time major or repeated minor conduct or job performance violations. Supervisors shall discuss the contents of the written warning privately with the employee and shall explain in the written warning what actions will be required to prevent the violation from recurring. The supervisor shall document the written warning, a copy of which shall be maintained in the employee’s personnel file.
C. Suspension
Suspension may be imposed when it is determined by the City Manager that it is in the best interest of the City to temporarily remove an employee from theirhis/her official duties.
There are two types of suspensions, which are as follows:
(1) Administrative Suspension
Employees may be placed on administrative suspension when formal written charges have been filed against the employee for alleged illegal acts, major conduct violations or when it is apparent that it is in the best interest of the City to temporarily relieve the employee from official duties. Employee shall receive full pay and benefits while on administrative suspension.
A complete investigation of the incident shall be conducted by the City Manager or designee whenever an employee is placed on administrative suspension. Results of
Section 375
the investigation and consequent action to be taken shall be prepared in writing and provided to the employee.
Whenever possible, investigations related to administrative suspension shall be completed within five (5) working days. Should unusual circumstances cause an investigation to take longer than five (5) days, the employee shall be informed in writing. In the event that the investigation clears the employee of the charges, the employee will be reinstated and all reference to the investigation shall be removed from the employee’s personnel file.
(2) Disciplinary Suspension
Employees may be suspended for a single major conduct violation or a series of continuing minor violations. Disciplinary suspensions should be for not less than three (3) or more than thirty (30) calendar days. Employees suspended for disciplinary reasons shall not be paid during the period of suspension. Final decisions regarding disciplinary suspensions and reinstatements shall be reviewed and approved by the City Manager.
D. Dismissal
Any employee may be dismissed from employment with the City for any lawful reason.
Dismissals shall be in writing, clearly stating the reason(s) for the action. Final decisions regarding dismissals shall be approved by the City Manager.
The City will make reasonable efforts to impose disciplinary action in a manner that will not embarrass or humiliate the employee before other employees or the public.
Grievance Practices
The City shall promptly consider and equitably address employee grievances relating to employment conditions and relationships. Furthermore, the City desires to address the causes of grievances informally. Whenever possible, both supervisors and employees should resolve problems as they arise using the City’s Complaint Practice, Section No. 410. Complaints of harassment should be made in accordance with Section No. 045 of these employee guidelines and practices.
In the event that the informal complaint procedure fails to resolve the issue in contention to the satisfaction of the employee and, in order to preserve the rights of all parties, the City of Wood Village hereby establishes the following steps, which shall be followed in submitting and processing grievances:
Section 375
(1) The aggrieved employee or group of employees shall present in writing the grievance to the appropriate supervisor or department head within seven (7) working days of its occurrence, not including the day of occurrence.
The supervisor or department head should provide a written reply within ten (10) working days of the date of presentation of the grievance, not including the date of presentation.
(2) If the grievance is not settled, the written grievance shall be presented to the department head or City Manager, together with all pertinent correspondence, records and information accumulated to date, within seven (7) working days after the response is provided by the supervisor or department head.
The department head or City Manager should reply to the grievance in writing, within ten (10) working days after its presentation, not including the date of presentation, unless they arehe or she is out of town or on leave, in which case, the period shall commence upon the first working day following theirhis/her return to work.
(3) If the grievance is not settled, and the grievance was presented to a department head, it shall be presented to the City Manager within seven (7) working days after the written response is presented to the employee or group of employees by the department head.
The City Manager should reply to the grievance in writing, within ten (10) working days after its presentation, not including the date of presentation, unless they are he or she is out of town or on leave, in which case, the period shall commence upon the first working day following theirhis/her return to work. The written decision of the City Manager shall be final and binding on the employee or group of employees and shall be binding upon supervisory personnel, as well.
Timeliness Defenses
Grievances not initiated and carried forward by the complainant within the time limits established in this section shall render the grievance null and void; that is, the grievance is to be considered not to have existed. Any grievance not taken to the next method of the grievance practice shall be considered settled on the basis of the last reply made and received in accordance with the provisions of section 375.
Section 380
Privacy in the Workplace
Right to Search
The City of Wood Village reserves the right to search the contents of City-owned vehicles, structures, equipment and furniture of any kind, including offices, desks, lockers, files and file cabinets, at any time and for any reason. Employees have no reasonable expectation of privacy in these items. Employees may within reasonable bounds have personal equipment andare encouraged to personalize their workstations with decorations such as plants and pictures at his/her workstationand other items that reflect their personality and motivation to serve the public, however, personal items are not encouraged and employees should refrain from storing on or in City-owned property any personal article (including personal correspondence) they wish to protect from inspection by City officials.
Implied Consent
By accepting continued employment, each employee of the City is deemed to have consented to unannounced searches of his/hertheir work area upon request for legitimate business purposes. Searches of employees’ personal containers such as purses, briefcases and lunch pails will not be conducted without the employee’s consent.
Section 410
Complaint Practice
Statement
Open and honest communication between employees and supervisors is essential to the successful performance of each job. The City believes that most issues can be addressed informally and resolved with step one (as described below) if approached promptly and objectively. There may be instances relating to employment conditions and relationships where an affected employee or the supervisor cannot resolve the issue and, in those cases, either party may defer to succeeding steps of the complaint resolution practice outlined below. Also, employees automatically have the discretion to skip step one (1) if theyshe/he thinks the issue will not be resolved with step one (1). All employees are required to follow the complaint resolution practice as a means to provide readily accessible avenues for communication and review of problems in a timely manner. For complaints regarding harassment and discrimination please see section 045 Anti- Harassment and Discrimination.
Definition
Complaint. A complaint is defined as a condition of employment or application of a practice that the employee believes may be unjust or inequitable. For purposes of this practice, a “complaint” could also arise from a disagreement between two employees about the way a particular task or job should be done, or as the result of a “personality conflict.”
Practices
1. Step One: The employee shall present the complaint or issue in writing to theirhis/her
supervisor within ten (10) calendar days of the date of the occurrence or the date that the employee first had knowledge of the occurrence or issue. The supervisor should research and gather relevant information on the matter, and will normally give the employee a written reply within ten (10) calendar days of receiving the written complaint. The complaint will be kept confidential to the maximum extent possible.
2. Step Two: If the employee’s problem is not resolved after discussion with theirhis/her
supervisor, or if the employee feels that a discussion with theirhis/her supervisor is inappropriate or would not be helpful because the supervisor is part of the issue or problem, the employee is encouraged to present the complaint in writing to the City Manager. Similar to Method One, the complaint must be presented within ten (10) calendar days of the date of the occurrence or the date that the employee first had knowledge of the occurrence or issue. The City Manager will research and gather relevant information, and may, at his/hertheir discretion, also review the matter with the City council. The employee will normally receive a written reply within ten (10) calendar days after submitting a written complaint to City Manager. The complaint will be kept confidential to the maximum extent possible. The decision of the City Manager is final and binding.
Section 410
Retaliation
The City of Wood Village does not tolerate any form of retaliation against employees availing themselves of this complaint practice, or against employees who participate in a complaint investigation. Any employee or supervisor who is found to have engaged in retaliation of any type will be subject to discipline, up to and including termination.
Bona fide Complaint
If at any point in the complaint process the City determines that the complaint is not bona fide, or that an employee has provided false information regarding the complaint, disciplinary action may be taken against the individual who filed the complaint or who gave the false information.
Section 510
Employee Performance Evaluations
Purpose
The City of Wood Village performance evaluation practice is designed to:
1. Make employees more effective and successful in their jobs;
2. Communicate to employees how management rates an employee’s work efforts;
3. Set future performance goals;
4. Determine eligibility for increase to base pay; and
5. Identify any training needs.
Evaluation Practice
Each employee shall receive a performance evaluation by theirhis/her supervisor in June of each year for the purpose of objectively assessing accomplishments during the preceding year and to plan next year’s goals. The evaluation shall be reviewed by and discussed with the employee. The employee is encouraged to ask specific questions and to comment about theirhis/her evaluation during the employee’s meeting with theirhis/her supervisor. The employee will be provided the opportunity to write comments on the evaluation form, and theyhe or she will be requested to sign the form to indicate that theyhe or she has read it and discussed it with theirhis/her supervisor.
While employees are encouraged to request assistance at any time during the year, one required interim performance review discussions with their supervisors on or around the month of December will provide a more formal opportunity to ask for needed resources and/or identify barriers to successful job performance.
Introductory period employees will receive a written and oral evaluation by the employee’s Department Director at least fifteen (15) days prior to the expiration of the employee’s Introductory Period. The employee’s Department Director will formally evaluate the employee’s performance and submit a report to the City Manager.
Only employees who receive satisfactory or above performance evaluations may be eligible for an annual step increase or promotion (See Policy No.070). Adjustments in pay are not guaranteed.
Section 610
Safety
Expectations
The City of Wood Village is comprised of several different departments, providing a wide range of services to its patrons. The City realizes that its employees are its most valuable resource and places the highest priority on safety and health in all working conditions and operations.
Employees are expected to take an active role in the City’s Safety Program and abide by all rules and regulations established by the City. The City shall maintain a Safety Committee, which shall report directly to the City Manager. All employee concerns, and accident reports shall be brought to the Safety Committee for consideration and review.
Every employee must be safety-conscious and responsible for helping the City achieve the goal of providing a safe workplace. Employees shall report any unsafe or hazardous condition to their supervisor immediately.
City of Wood Village Safety Program
Purpose Wood Village is committed to accident prevention in order to protect the safety and health of all our employees. Injury and illness losses due to hazards are needless, costly and preventable. To prevent these losses, a joint management/worker safety committee will be established. The purpose of the safety committee is to bring workers and management together in a non- adversarial, cooperative effort to help the City promote and maintain a safe and healthful workplace. Only through the dedication of all employees can the City build a program which lasts. The safety committee should be an effective problem-solving team, providing guidance and leadership in safety and health matters to ensure a safe and healthful workplace.
Safety Committee Membership
There will be at least three representatives on the City's Safety Committee. The members will be comprised of management and non-management representatives with one (1) public works employee and one (1) administrative employee on the committee. Managers and employees are both encouraged to volunteer as members of the committee. There will be more employee representatives than management representatives. There will be one (1) standing Safety Committee Chairperson selected by the Safety Committee. Other Safety Committee members will serve a continuous term of two (2) years. Length of membership will be staggered so that at least one experienced member is always serving on the committee.
Section 610
Safety Committee Responsibility The safety committee has the following responsibilities: • Meet monthly to discuss safety and health issues • Conduct quarterly inspections of City property • Communicate with employees about safety and health issues • Identify hazardous conditions and unsafe work practices • Recommend strategies to eliminate hazards • Take minutes of meetings to comply with all OSHA
requirements and regulations • Maintain and update the Safety Manual
Safety Committee Recommendations
Safety committee written recommendations will be submitted to the City Manager for review.
Duties of Safety Committee Members
• Report unsafe conditions and practices • Attend all safety and health meetings • Review all accidents and near-misses • Recommend ideas for improving safety and health • Set an example by working in a safe and healthful manner • Observe how safety and health is enforced in the workplace • Complete chairperson/committee assignments • Represent employee safety interests
Section 615
Driving Qualifications and Practices
Purpose
Driving is among the most hazardous tasks performed by employees. Collisions can result in death or disabling injuries to the driver or passengers. This section includes requirements for the prevention of driving-related incidents, reporting of incidents, and requirements for employees to report citations.
Safe Driving Practices
Authorized drivers will follow safe driving practices. Safe driving practices include steps to ensure the driver's total concentration and safe operation of vehicles, such as, but not limited to, determining clear directions before departing, not manipulating radios, personal data assistants or other equipment while the vehicle is moving, not using a cell phone while the vehicle is moving, not reaching for objects if you have to take your eyes off the road, and not operating a vehicle when the driver's ability to react is impaired. Drivers are expected to follow defensive driving principles and laws and regulations to prevent accidents in spite of unsafe driving by others and/or adverse driving conditions. Only authorized passengers are allowed to ride in City vehicles.
Drivers and passengers are required to use seat belts at all times. Headlights are encouraged to be on at all times while operating a vehicle and are rquiredrequired to be on in adverse weather or low light conditions.
All employees who are required to drive in order to perform their job duties must be at least eighteen (18) years of age and possess a valid driver's license from their state of residency.
When required, the license must have the appropriate commercial endorsement. DMV record checks are conducted as a condition of employment for employees who are required to drive as part of their job. Employees who are required to drive will also be entered into the Oregon DMV automatic reporting system.
Use of employee owned vehicles to accomplish City business, including travel to training, must be approved by their supervisor. Approval may be event specific or for an extended time period.
Employees and other individuals who are required to drive in order to perform their job duties must have an acceptable driving record. Examples of offenses that may render a driving record unacceptable include but are not limited to:
a. A major traffic offense in the last twenty-four (24) months. This can include reckless driving, driving under the influence of intoxicants, failing to perform the duties of a driver, criminal driving while suspended or revoked, fleeing or attempt to elude a police officer;
Section 615
b. A felony revocation of driving privileges or felony or misdemeanor driver
license suspension within the last twenty-four (24) months;
c. Three or more moving traffic violations in the last twelve (12) months;
d. A careless driving conviction in the last twelve (12) months; or
e. Class A moving traffic infraction in the last twelve (12) months.
f. Failure to use a seat belt while driving to conduct official business or operating a City vehicle.
Failure to maintain an acceptable driving record will result in the City revoking the authorization to drive on City business, and may result in discipline, up to and including termination.
A supervisor shall not permit an employee to drive either a City, or privately- owned vehicle on City business prior to a review and approval of their DMV record.
Authorized drivers shall notify their supervisor of convictions on or off the job as described in this section. Failure to notify the supervisor in writing of a conviction, suspension, or revocation, or driving with a suspended or revoked license may be cause for disciplinary action up to and including dismissal. Driving convictions received in the course of City business may be considered grounds for disciplinary action up to and including dismissal.
There may be a review of driving records of employees who will drive on City business:
• Upon hire; • Following a collision; • Upon notification of a citation; • Upon receipt of a second citizen complaint relating to operation of the motor
vehicle; • Upon their annual performance evaluation; • Any situation where an employee has to drive a privately owned or City
vehicle on City business.
An authorized driver shall not operate any vehicle that is unsafe. City-owned vehicles shall receive a safety check prior to the vehicle's first use on each shift. Authorized drivers shall be instructed on the process for reporting defects with City-owned vehicles. The Safety Committee shall, as part of the quarterly worksite inspection, include inspection of available City-owned vehicles.
Authorized drivers shall report any incident occurring while they are driving a City- owned vehicle, or driving a private vehicle on City business. Supervisors will promptly investigate and respond in response to citizen complaints or citations.
Section 615
Parking tickets and moving violation tickets received while driving on official City business are the responsibility of the driver.
Section 620
On the Job Injuries/Illnesses
Qualifications for Worker’s Compensation Insurance
An employee who is injured while performing theirhis/her job duties may be eligible for the City of Wood Village’s Workers’ Compensation Insurance. To determine whether an on-the-job accident or illness is covered by Workers’ Compensation Insurance, it is necessary for the injured or ill employee to fill out a Report of Injury form as soon as possible but in no case later than the day on which the injury or illness occurs (except in case of true emergency). An employee who fails to timely complete a Report of Injury form jeopardizes theirhis/her right to Workers’ Compensation benefits.
All workplace injuries and illnesses, no matter how slight, must immediately be reported to the employee’s supervisor, even if the employee does not need medical treatment. Except in the case of an emergency, an employee may not leave the premises without reporting an injury that occurred on the job. First-aid kits are maintained at all City of Wood Village buildings. All employees should be familiar with where first-aid kits are located at their work location.
Reporting Practices:
Timely reporting of injury information is an obligation of the City of Wood Village. Human resources will coordinate the administration of Workers' Compensation claims and should be contacted if there are any questions regarding claims.
If an employee is injured during the course and scope of employment, the employee (if physically able) must contact theirhis immediate supervisor as soon as possible after the accident.
Fatalities and severe injuries must be reported immediately and no later than 8 hours after occurrence, and no later than 24 hours for overnight hospitalizations by phone to the Accident Prevention Section of the Workers’ Compensation Division of the State of Oregon
A Supervisor’s Report of Injury must be immediately completed by the supervisor and employee (if physically able) whether or not an injury requires medical treatment. One copy of the Report will be kept by human resources and one copy will be retained by the employee.
If an injury requires medical treatment, a Workers’ Compensation Form 801: Report of Occupational Injury or Disease must be completed by the injured employee (if physically able) and the immediate supervisor and human resources within twenty-four (24) hours of injury occurrence. (Refer to CIS Risk Management Manual, Claims Management, Incident Reporting, Workers' Compensation for proper completion of Form 801.)
Section 620
An employee with an injury that at first seems minor may seek medical treatment at some later date. A Form 801 must be completed on the date the employer first knew the employee sought medical attention for the injury. The Supervisor's Report of Injury may be used to complete Form 801.
Within 48 hours of injury occurrence the supervisor will submit Form 801 to human resources.
HR will send the 801 Form not later than five (5) days from date of injury or date employer knew of the injury.
Employees should contact human resources if they have any questions regarding their claim.
NOTE: The Supervisor's Report and 801 Form will be submitted within the designated time frames even if all information is not available. Additional facts can be provided later. Timely reporting of claims, to avoid penalties, is more important than completing every item on the forms. The City Manager is to be notified of all injuries requiring medical treatment beyond first aid as soon as practical given the specific situation.
Return to Work Assignments
The following practices must be followed by employees who wish to return to work following an on-the-job injury that has resulted in absence from work.
• All requests to return to work must be made in writing, dated, and signed by the
employee and delivered to the City Manager.
• All requests to return to work must be accompanied by a dated, written release signed by the attending physician. This release must clearly specify if the employee is released by the physician to return to the demands of the former job or if the employee is restricted in any way and include any request for any reasonable accommodation.
• Requests to return to work must be made no later thenthan seven (7) days
following the date of the physician’s signature on the written release. Failure to make a timely request may terminate the employee’s right of reinstatement or reemployment.
• If the employee refuses an offer from the City to resume work, the employee will be
considered to have voluntarily terminated employment with the City and abandons any rights of reinstatement or reemployment.
Light Duty Work Assignments
Disabled employees who are temporarily assigned light duty as a reasonable accommodation but are unable to perform the essential duties of their job may be required to provide a medical evaluation after thirty (30) days from the treating physician so that the City may determine whether the employee is capable of
Section 620
performing the essential functions of the job, with or without reasonable accommodation. The City offers light duty accommodations only for those employees whom the City Manager may anticipate will recover the ability to perform all the essential functions of the job within a reasonable time. If recovery becomes doubtful, the City may discontinue the light duty assignment. No light duty assignment is intended to become permanent.
Section 630
Fire Extinguishers
Fire Safety
Fire extinguishers are located in several locations throughout all City of Wood Village buildings, vehicles and departments. Employees should be familiar with the location and operation of the fire extinguishers.
Emergency Situations
In emergency situations, an employee (when available, a supervisor or manager) shall call 911 for the fire department. All employees and visitors should immediately be notified to vacate the building in case of fire. Emergency exists are clearly marked and should be used in case of fire. All employees are to meet in the designated evacuation meeting area once leaving a City building or facility. Periodic evacuation and emergency drills will occur to ensure the safety of all City employees.
Alarm Reporting
Any City facility protection alarm that is sounded will be immediately investigated by the supervisor. The written “Supervisor’s Alarm Report” shall be filled out and submitted to the department head and a copy forwarded to the City Manager before the end of the first work day following the alarm occurrence. The investigation is to determine if the alarm was true or false and if the situation which caused the alarm can be eliminated to preclude a reoccurrence.Upon receipt of notice of alarm, the City Manager or designee will investigate the cause or nature of the alarm.
Commented [GD25]: I don’t think we’ve ever done this.
Section 640
Weapons Prohibited
Weapons Prohibited
Employees may not, at any time while on any property owned or leased by the City of Wood Village possess or use any weapon. Weapons include, but are not limited to, guns, knives or swords with blades over three (3) inches in length, explosives, and any chemical whose purpose is to cause harm to another person.
Regardless of whether an employee possesses a concealed weapons permit or is allowed by law to possess a weapon, weapons are prohibited on any City property or in any location in which the employee represents the City for business purposes.
Employees who violate this practice will be subject to disciplinary actions, up to and including termination.
Revised 6/2009: Resolution 14-2009
RESOLUTION 14-2020
A RESOLUTION OF THE WOOD VILLAGE CITY COUNCIL REVISION THE CITY PERSONNEL POLICIES AND PROCEDURES
WHEREAS, the City Council may amend, modernize, and update various policies including policies and procedures set forth in the City’s personnel manual; and
WHEREAS, several updates to the personnel manual have been identified to help bring the manual into compliance with new laws, best practice, and revisions to City programs and procedures.
NOW, THEREFORE, the Wood Village City Council resolves to approve the revisions to the City of Wood Village Personnel Policies and Procedures as presented in Exhibit A.
Motion to approve by ____________________, seconded by ____________________ and approved this 12th day of May, 2020.
YEAS ____ NAYS ____
____________________________ T. Scott Harden, Mayor
ATTEST:
____________________________ Rose Douglass, City Recorder
City Council Agenda Item Staff Report Meeting Date: May 12, 2020
TO: Mayor and Councilors FROM: Greg Dirks: City Manager Authored by: Rose Douglass, Assistant to the City Manager DATE: May 5, 2020 SUBJECT: Cancellation or Postponement of Nite Out 2020 Requested Council Action Council is requested to determine if the Nite Out event should be cancelled due to COVID-19 or postponed to a time when social distancing restrictions have been eased or lifted. Background The Nite Out event features food and drink provided by the City, demonstrations by MCSO, a blood drive provided by the Red Cross, and other activities for families in Wood Village. On March 23, 2020, Governor Kate Brown issued an Executive Order to stay home in an effort to stop the spread of COVID-19. The Executive Order forbids all Oregonians from leaving their home unless absolutely necessary. Several businesses were ordered to close and major gatherings of more than 10 people were cancelled. The date to ease these restrictions is yet to be determined. If restrictions are still in place in July, the Nite Out event cannot be held on the proposed day of July 17th. One possible option is to completely cancel the event for 2020 and revise the event structure for 2021, This could include adding more activities, inviting additional vendors to participate, or other proposed ideas. Another option is to postpone the Nite Out event until later in 2020. Provided that social distancing restrictions are lifted, the Nite Out event could be postponed to late August or September. Any later than September would potentially conflict with the Pumpkin Fest. A third option is to combine some of the aspects of the Nite Out event with the Pumpkin Fest including blood drive, MCSO demonstration, live music, and parade. Next Steps Council can discuss the different options of how to move forward with the Nite Out event. If cancelled, all community partners who were involved with the event will be notified. Fiscal Impact
If the event is cancelled, the money allocated for Nite Out could be spent at another time in the fiscal year or a substitute event could be created that would utilize the funds. None of the options presented would spend any additional funds. City Goal By discussing different ways to maximize the safety and wellbeing of residents and staff, the following goals are satisfied: Goal 1: A safe, clean, inclusive community with a sense of pride and strong identity. Goal 3: High quality, cost-effective public utilities, parks, and events. Goal 4: Long-term financial stability, economic vitality, and growth. Suggested Motions “I move to approve the revisions to the Nite Out event as discussed.”
City Council Agenda Item Staff Report Meeting Date: May 12, 2020
TO: Mayor and Councilors FROM: Greg Dirks: City Manager DATE: May 4, 2020 SUBJECT: Ordinance 3-2020 Amending the Wood Village Municipal Code Revising
Membership to the Planning Commission and Parks Commission Requested Council Action Review and adopt Ordinance 3-2020 amending the membership requirements to serve on the City’s Planning Commission, and Parks Commission. Background The City’s Municipal Code Sections 2.20 and 2.24 authorize the City’s Parks Commission and Planning Commission and outlines the requirements and duties of each commission. Once appointed to a position by the City Council, a member can only be removed for misconduct or for missing three consecutive meetings. In addition, there is no residency, business, or other type of Wood Village related activity requirement on either Commission. In most cases, members are residents or have a business in Wood Village. While it is unlikely that a person would be appointed to a Board that does not have a Wood Village interest such as a home or business, it is possible for a member to relocate during their time on a board. If that were to occur, a person without Wood Village interests would be making recommendations and decisions that impact the City and its residents, businesses and guests. While it may be advantageous to have such a member, especially in the case of unique interests and skill sets, it may also be disadvantageous in achieving and sustaining the City’s vision and goals. Having members serve at the pleasure of the Council, would allow the dismissal a member with or without cause. Another mechanism would be to add qualifications such as personal or business residency and require resignation if a member ceases to have those qualifications. The proposed code revision adds a business or residency requirement to both Boards. It is not uncommon for members who move or relocate to resign their position, and this revision is in keeping with that practice without delegating additional dismissal requirements to the Council. Next Steps If approved, the revisions will not be applied to existing members, and will only apply to Board members appointed after the effective date. It will take 30 days for the ordinance to become effective, and staff would update the code at that time.
Alternatives The Council may elect to pursue and adopt a number of alternatives including:
• Add that serving on a Board or Commission is at the pleasure of the majority of the Council
• Have a Wood Village residency requirement. • Not amend the code • Adopt the staff recommendation of adding a residency or business requirement to
the qualifications. Fiscal Impact There is no fiscal impact anticipated with this revision. City Goal Appointments on the City’s Boards and Commission can impact all seven City Goals. Suggested Motions “I move to adopt Ordinance 3-2020 Amending the Wood Village Municipal Code Revising Membership to the Planning Commission and Parks Commission to include a residency or business requirement.” Note: If the above motion is not approved by all Council members present at the meeting, it must come back at a future meeting for a second reading and vote.
ORDINANCE NUMBER 3-2020
AN ORDINANCE AMENDING SECTIONS 2.20.020 AND 2.24.030 ESTABLISHING ADDITIONAL QUALIFICATIONS FOR MEMBERSHIP IN THE PARKS COMMISSION AND PLANNING COMMISSION
WHEREAS; 1. The City Council has the authority to create various Boards and Commissions, and
appoint members to those bodies, and2. The Wood Village Municipal Code outlines the roles, duties, responsibilities, and
membership requirements for the City’s Boards and Commissions, and3. To help ensure that Board members have the City’s residents, business, and guests best
interest in mind, revisions to the membership to the Planning Commission, and ParksCommission is needed.
THE CITY COUNCIL DOES ORDAIN AS FOLLOWS: The Wood Village Municipal Code is amended as follows with additions in Italics:
2.20.020 Terms of office and vacancies The first appointments shall be made so that the terms of three of the Commission members, including the City Council member, expire on December 31, 1992 and the terms of the two remaining members, including the Parks Commission member, expire on December 31, 1991. Thereafter, appointments shall be for terms of two years. Three consecutive unexcused absences for any commissioner shall constitute an automatic resignation and the position is then vacant. An unexcused absence is any absence from a regular or special meeting of the Commission without the prior authorization from the Commission Chair. Should the Chair require an absence, the Chair must report such in advance to the City Manager. Members must live in, or have a business in Wood Village to be eligible to serve, and shall constitute an automatic resignation for any member who does not live or have a business in the City and the position is then vacant. Vacancies shall be filled by the City Council for the unexpired portion of the vacant term. (Ord. 3-1990 § 2; Ord. 14-2010)
2.24.030 Terms of office and vacancies At the first meeting of the Commission the members thereof, except the ex officio members, shall choose their terms of office by lot as follows: one for one year, two for two years, two for three years, and two for four years. Immediately thereafter, the members shall notify the Council in writing of such allotment. Their successors shall hold office for four years; vacancies shall be filled by the City Council for the unexpired portion of the vacant term. A member may be removed by the City Council after hearing for misconduct or nonperformance of duty. Three consecutive unexcused absences for any commissioner shall constitute an automatic resignation and the position is then vacant. An unexcused absence is any absence from a regular or special meeting of the Commission without the prior authorization from the Commission Chair. Should the Chair require an absence, the Chair must report such in advance to the City Manager. Members must live in, or have a business in Wood Village to be eligible to serve, and shall constitute an automatic resignation for any member who does not live or have a business in the City and the position is then vacant.
PASSED by the Common Council of the City of Wood Village, Oregon this 12th day of May, 2020
Motion for adoption by Councilor ________________ seconded by Councilor ______________ and adopted with the following vote:
AYES _______ NAYS ________
____________________________ T. Scott Harden, Mayor
ATTEST
__________________________ Rose Douglass, City Recorder
City of Wood Village
Proclamation
Whereas, public works services provided in our community are an integral part of our citizens’ everyday lives; and
Whereas, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as water, sewer, streets, and public buildings, solid waste collection; and
Whereas, the health, safety and comfort of this community greatly depends on these facilities and services; and
Whereas, the quality and effectiveness of these facilities, as well as their planning, design, and construction, are vitally dependent upon the efforts and skill of public works officials; and
Whereas, the efficiency of the qualified and dedicated personnel who staff public works departments is materially influenced by the people’s attitude and understanding of the importance of the work they perform.
Now, therefore, I, Scott Harden, Mayor of the City of Wood Village, do hereby proclaim the week of May 17 - 23, 2020 as
“National Public Works Week” In the City of Wood Village and I call upon all citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort, and quality of life.
Given under my hand and Seal of the City of Wood Village, Oregon, this 12th day of May 2020
