Chapter 35 EMPLOYEE POLICIES

(A) It is the policy of the city to recruit, hire, promote, transfer and terminate employment without regard to race, religion, color, sex, age, national origin, or handicap, in order to assure all employment with the city is based on an individual’s own merits.

(B) As referenced herein, a FULL-TIME EMPLOYEE shall be defined as an employee working 40 hours per week. A PART-TIME EMPLOYEE shall be defined as an employee working 40 hours or less per week or a maximum of 1,000 hours worked during the calendar year. A SEASONAL EMPLOYEE shall be defined as an employee working as a lifeguard or working for youth sports through the parks system and must work less than 26 weeks during the calendar year. All employees are an at-will employee.

(C) Applications for employment may be obtained at City Hall for all individuals seeking employment with the city. The application will then be directed to the superintendent/supervisory personnel of the department to which applicant would be best suited for employment by the Mayor’s office.

(D) All applicants for interview shall submit to a background investigation to review accuracy of employment, education, references, military record, criminal record and driving record, if applicable.

(E) All applicants that are hired will be required to submit to the hiring superintendent/supervisory personnel a current physical report by a doctor stating that applicant is physically able to perform the duties of the position he/she is being hired for, and will also be required to take a drug test at hiring. The respective department will pay for the physical. The original report shall be placed in a separate locked file in the Clerk-Treasurer’s office and a copy placed in a separate locked file in his/her assigned department. If an employee transfers to a different department, it is the responsibility of the superintendent/supervisory personnel to transfer all records to the newly assigned department.

(F) New employees of the city are subject to a 90-calendar-day introductory period, referred to as the orientation/training period. New employees must demonstrate their ability to handle the responsibilities of their new positions. Rensselaer uses this 90-calendar-day period to determine if the employee meets the expectations for the position for which the employee was hired. During this 90-calendar-day orientation/training period, either the employee or the city may end the employment relationship at will, with or without cause or advance notice.

(G) An employee’s supervisor may extend the orientation/training period if they deem it necessary to work with an employee who is only marginally meeting the requirements for their position.

(H) Employees who transfer to other positions within the city may be required to undergo a 90-calendar-day orientation/training period for the new positions. This will depend upon the nature and skills required by the new position. The decision will be made by the Mayor’s office.

(I) The completion of the 90-calendar-day orientation/training period will be determined as follows: The last day of the pay period following or coinciding with the successful completion of the 90-calendar-day orientation/training.

(J) Parks Department employees will be hired by the Park Board through a park application form upon approval by the Mayor.

(K) Applications for the Police Department can be obtained only from the Police Department. The hiring of officers is the responsibility of the Board of Public Works and Safety.

(L) The Immigration and Reform Act of 1986 was passed to provide greater assurance that only foreign nationals with proper credentials are present in the United States. The city will comply with the law regarding the hiring of aliens. These requirements must be met before any work is performed for the city.

(1) Employees who are not citizens of the United States must possess either a permanent resident alien green card (Form I-151 or Form I-155) or be issued a temporary visa authorizing work in the United States, an H-1 visa. It is the responsibility of the applicant to provide all supporting documents required for the employment application.

(2) All applicants for City positions should be able to read, speak and write English.

(Ord. 16-2012, passed 6-11-2012; Am. Ord. 05-2013, passed 5-13-2013; Am. Ord. 16-2014, passed 6-24-2014; Am. Ord. 04-2016, passed 3-14-2016; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.02 CHANGES IN EMPLOYMENT INFORMATION.

To keep personnel records up to date, you must promptly inform the Clerk-Treasurer’s office, in writing, of any change in any of the following information:

(A) Name, address, or telephone number.

(B) Marital status or number of dependents.

(D) Licenses (to the extent they are required to perform your job responsibilities).

(E) Contact information.

(F) Voluntary payroll deductions.

(G) Beneficiary designee.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.03 FEDERAL EMPLOYMENT ELIGIBILITY VERIFICATION FORM (I-9).

The Immigration Reform and Control Act of 1986 (IRCA) requires that all new employees, both regular and casual, establish their eligibility for employment in the United States. The federal law applies to all U.S. citizens as well as to foreign nationals. An Employment Eligibility Verification (Form I-9) must be on file the day of employment. Employees who do not provide the necessary documentation will not be processed.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.04 ABSENCE FROM THE WORKPLACE.

(A) The city provides employees with time off with or without pay to conduct personal business or outside obligations, for illness or injury, and for vacation and holidays.

(B) It is the responsibility of the superintendent/supervisory personnel to monitor and ensure that the time is appropriately and accurately charged.

(C) Except for sporadic absence time, workers’ compensation and short-term disability, it is expected that employees will provide their superintendents/supervisory personnel with as much advance notice of the dates required for time off as is practical. The superintendent/supervisory personnel have the right to deny the time off if the employee’s absence will interfere with or adversely affect the operation of the workplace.

(D) Employees who are considered by their superintendent/supervisory personnel to have been absent an excessive amount of time from their job, regardless of the reason, will be warned that continued absences may be cause for termination of employment.

(E) It may be necessary to terminate the employment of employees who have been absent because of continuing instances of illness or injury. Such terminations are made necessary because of the need to plan and complete the work of the department or section.

(F) Superintendents/supervisory personnel must consult with the Mayor’s office before taking action in cases involving termination because of absence.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.05 EMPLOYEE CONDUCT.

(A) When dealing with the public personally or during phone conversations, city employees will do so in a courteous and professional manner. Excessive complaints from the public against any employee will be investigated and may result in disciplinary action.

(B) The use or possession of intoxicants on the job, or on city property, may result in immediate dismissal.

(C) The misuse or theft of city materials, equipment, and/or property will result in disciplinary action, possible dismissal, and/or criminal prosecution.

(D) City employees charged with a felony, or found engaged in similar conduct either during working hours or while off duty, are subject to suspension from their position without pay until a plea agreement is entered, and the charges are dismissed, or a court of law establishes innocence or guilt.

(E) If an employee believes that anyone in or associated with the city has requested or directed him/her to do anything that violates the law, or has prohibited the employee from doing anything that the law requires him/her to do, the employee must report this immediately to the Mayor or a Councilmember.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.06 EMPLOYEE HYGIENE AND GROOMING.

(A) As a representative of the city, all employees shall maintain good personal hygiene and appropriate grooming while working. No employee shall have an odor generally offensive to others when reporting to work. An offensive body odor may result from lack of good hygiene, from an excessive application of a fragrant perfume, aftershave, or cologne, or from other causes.

(B) If an employee is inappropriately groomed, the superintendent/supervisory personnel will inform the employee upon his or her arrival at work. The employee may be sent home without pay to take the appropriate corrective action and return to work. An employee who violates this policy may be subject to corrective action as follows: a verbal warning for the first violation, written warning for second violation, third offense will result in a three-day suspension without pay and subsequent violations may result in termination of employment.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.07 COMPUTER/INTERNET ACCESS PRIVILEGE.

City-owned computers, computer files, networks, peripherals, hardware, and software are city property intended for business use. To retain the privilege of use, each employee is expected to meet certain responsibilities and honor certain limitations.

(A) System security. Employees are responsible for the use of their accounts and security of their passwords. As such, an employee may not give account access to anyone else.

(B) Software license. The city purchases and licenses the use of various computer software for business purposes and does not own the copyright to software or to its related documentation. The city does not have the right to reproduce such software for use on more than one computer. No licensed software may be installed on city computers that has not been authorized by the city and is not properly licensed to the city.

(C) Prohibited uses of information resources. Employees shall not deliberately perform acts which are wasteful of computing resources or which unfairly monopolize resources to the exclusion of others. Conduct that presents a risk to the operating integrity of information technologies systems is strictly prohibited.

(D) Use of internet and electronic mail (email). Employees are provided access to the internet and email to assist them in the performance of their duties and such access is intended for business use. The city prohibits use of information technologies in ways that are disruptive, offensive to others, harmful, immoral, or illegal.

(E) Prohibited uses of the internet. Sending, receiving, displaying, printing, or otherwise disseminating material that is fraudulent, harassing, illegal, embarrassing, sexually explicit, obscene, intimidating, or defamatory is prohibited. Commercial or personal advertisements, solicitations, promotions, viruses, political material, social media platforms, chat rooms, or any other unauthorized personal use is strictly prohibited. City employees must comply with all software licenses, copyrights, and all other state and federal laws governing intellectual property and online activity.

(F) Electronic mail. Employees should exercise the same care in drafting email communications in chat groups and posting items to news groups as they would any other written communication. The city email system is subject to public records laws and certain emails between city employees may be deemed as public record.

(G) Monitoring internet and email use. The city maintains the right to monitor all aspects of its computer system, including but not limited to monitoring sites employees visit on the internet, monitoring chat groups and news groups, reviewing material downloaded or uploaded by employees and reviewing email sent and received by employees. Employees do not retain any right to privacy in any documents, messages, or images they create, store, send or receive on the computer or the internet under the Electronic Communications Privacy Act, and any other state or federal law regarding email and internet use. Violations of this policy are subject to disciplinary action, up to and including termination.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.08 PHONE POLICY.

(A) Telephones are provided for business use only and shall not be utilized to make personal phone calls. Employees who wish to make a personal telephone call on an employer telephone must receive prior approval from the employee’s supervisor. Personal long distance calls shall not be made on employer telephones. Employees are further requested to ask friends, relatives and others not to call the employee at work except for emergencies.

(B) Use of employer telephones for any purpose other than business, without approval, may result in disciplinary action up to and including the possibility of termination.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.09 CELLULAR TELEPHONE USE.

(A) The city will make provisions for providing cellular telephone communication capabilities to employees whose duties and responsibilities require they maintain in constant, though intermittent, contact with private citizens, customers and colleagues.

(B) Cellular telephones are acquired with public funds and are so acquired to enable city employees to transact the public’s business in the most efficient and cost effective method possible and will be used in the same manner and with the same care and stewardship as all public resources.

(C) The use of cellular telephones is to conduct official business only. This includes incoming as well as outgoing telephone calls. Text messaging and multimedia messaging, if enabled, are limited to official business only. The department head or elected official will advise the employee if text messaging and multimedia messaging are enabled features available for use.

(D) Employees will not initiate a cellular telephone call while they are driving a motor vehicle. An employee who receives a cellular telephone call while driving a motor vehicle is required to stop the vehicle in a safe location so that communication is held while the vehicle is stopped. The use of “hands free” technology is acceptable as long as it does not interfere with the safe operation of the vehicle. This section will not apply to police officers or employees who are passengers in a motor vehicle.

(E) The employee recognizes and agrees that a city-assigned phone remains the property of the city and as such, communications made and/or data stored on said phone is subject to inspection by the department head or city official and the employee has no right of or expectation of privacy concerning said cell phone usage.

(Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.10 DISCIPLINARY PROCEDURE.

(A) The city expects that all employees will conduct themselves according to generally accepted standards of conduct and performance. When employees do not meet the standards, it is the superintendent/supervisory personnel responsibility to act in a timely manner and initiate a program of remedial steps to address the problem.

(B) This policy presents the basic principles and procedures of a system of progressive remedial action, often referred to as discipline, which is intended to ensure that all employees are treated as consistently and fairly as possible throughout the city. The program has five major purposes:

(1) To ensure that the employee knows what the problem is.

(2) To communicate what the superintendent’s/supervisory personnel’s expectations are in order to correct the problem.

(3) To provide appropriate penalties for improper work conduct.

(4) To establish a period in which the employee is expected to have the problem corrected.

(5) To provide a record of corrective action taken by the superintendent/supervisory personnel.

(C) There are four very basic and simple steps in the progressive discipline process; however, in cases of misconduct or repeated infractions, the process may be shortened and the superintendent/supervisory personnel in consultation with the Mayor’s office may move more directly to a later step in the process, including termination.

All action, be it remedial or disciplinary, should be taken within a reasonable time frame. It is strongly recommended that no more than three days (72 hours) elapse between the time the superintendent/supervisory personnel hears or has knowledge of the offense and the action taken. Oral warnings are appropriate for minor offenses. It is important that superintendent/supervisory personnel not overuse the oral warning for the same type of offense. No more than two oral warnings should be given to the same employee for the same offense.

(1) Step one – Oral warning. The superintendent/supervisory personnel should make it very clear to the employee that the oral warning is the first step in the progressive disciplinary process. Even though it is called an oral warning it is very important to document the warning. The superintendent/supervisory personnel and the employee are required to sign the oral warning documentation. If an employee refuses to sign the warning the superintendent/supervisory personnel is to document the employee’s refusal and sign along with a witness. Oral warning documentation will permanently remain in the employee’s formal records in the Clerk-Treasurer’s office.

After an employee has received an oral warning, a subsequent offense should be addressed by a written reprimand as appropriate. Superintendent/supervisory personnel must review the draft of the written reprimand with the Mayor’s office.

(2) Step two – Written warning.

(a) The written warning must be given to the employee in person.

(b) The written warning should describe as specifically as possible the situation which prompted the warning. Day, date, time, location, situation, those present.

(d) Explain in detail how the employee can correct the problem.

(e) Outline a period for the employee to correct the problem.

(f) State that if the behavior continues or other problems occur additional corrective measures may be taken, which may result in termination of employment.

(g) Written warnings permanently remain in the employee’s formal records in the Clerk-Treasurer’s office.

(3) Step three – Suspension. Suspension is the third step of the disciplinary procedure. It is intended to indicate to the employee the seriousness of the infraction and that the employee can reasonably expect that the next step is termination of employment.

(a) The employee must be notified in writing of the suspension as soon as possible. The letter should outline the reason for the suspension. Suspensions are normally three to seven consecutive workdays. Longer suspensions may be given because of the seriousness of the infraction. The employee should be warned that continuation of the behavior may result in termination of employment.

(b) Normally suspensions are without pay, although if an investigation of events is necessary the employee may be suspended with pay, pending results of the investigation.

(4) Step four – Termination. Termination of employment is the culmination of the progressive discipline process or the penalty for very serious offenses. In all cases of terminations, the superintendent/supervisory personnel must confer with the Mayor’s office.

(a) All steps taken in the progressive discipline process must be documented and placed in the employee’s personnel file located in the Clerk-Treasurer’s office.

(b) In all cases the employee has the right to dispute any disciplinary action and he/she may initiate the grievance procedure. However, the action taken stands until further notice.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.11 GRIEVANCE PROCEDURE.

(A) Purpose. It shall be the policy of the city to provide all employees with the opportunity to air complaints, clarify misunderstandings, and seek remedy where the employee feels he/she has been unfairly treated regarding his or her employment with the city. Employees are encouraged to verbally discuss situations or concerns as soon as possible. Grievance will remain confidential between the aggrieved and all others involved in the resolution of the grievance.

(B) Procedure. The employee shall follow the grievance procedure as stated herein. It should be noted that failure by the employee to comply with the specific procedure time limitations noted herein shall be grounds to dismiss the grievance due to lack of procedural compliance hereto. All written documentation shall be made a part of the employee’s personnel record in the Clerk-Treasurer’s office.

(C) If the grievance action is against another employee who is under the same superintendent/supervisory personnel, the action shall be submitted to the employee’s superintendent/supervisory personnel.

(D) If the grievance action is against the employee’s superintendent/supervisor personnel, or an employee in another department, the action should be submitted to the Mayor’s office.

(E) The grievance action should be submitted in writing and in duplicate within seven working days of the alleged act or occurrence which is the basis for the grievance.

(F) The Mayor for the city will act as the final arbiter and render his/her decision, in writing within seven working days, from receipt of said grievance, if possible.

(G) If the grievance is not successfully settled, the aggrieved employee may submit a written request to appeal the decision of the Mayor to the City Council.

(H) The City Council can hold an informal hearing within 21 days, or appoint a special committee of mediators to hear the grievance if it deems it appropriate. The mediators selected shall meet within 45 days. Upon completion of this review the mediators shall render a written mediation recommendation to the City Council and the employee(s) involved. All parties shall share equally the cost and expenses, if any, of the remediation process.

(I) The City Council when next convened will concur, accept, or modify the mediator’s recommendations and shall render a written decision. This decision by the City Council shall constitute the final authority in all grievance matters.

(J) When filing a grievance the following information shall be provided:

(1) A statement of the grievance and the facts upon which it is based.

(2) The alleged violation of the employee’s right.

(3) The remedy or adjustment sought.

(4) The signature of the aggrieved and the date of submission.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.12 DRUG-FREE WORKPLACE.

(A) The city is committed to providing and maintaining a drug-free workplace.

(B) The unlawful manufacture, distribution, dispensing, possession, or use of controlled substances, which include marijuana, cocaine, heroin, amphetamines and depressants, is a violation of 21 U.S.C. § 812. In addition, any employee convicted of violating such a criminal drug statute in the workplace must notify his or her employer within five days of such conviction.

(C) Adherence to this policy is a condition of employment. Violations will result in disciplinary action up to and including dismissal. City employees will also be required, at employee’s expense, to participate in an approved drug abuse or rehabilitation program.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.13 DRUG AND ALCOHOL POLICY.

(A) It is the policy of the city to provide a safe working environment for all city employees inclusive of safety sensitive positions, employees who drive city vehicles, drive their own for city business and for fire and law enforcement personnel. It is also this city’s policy to assist in rehabilitation for employees who may have a problem with drug and/or alcohol abuse. Our goal is to eliminate the abuse not to eliminate the abuser. Our goal is to help, not to apprehend. This drug and alcohol policy covers those employees not covered under the DOT (CDL) Drug and Alcohol Policy as well as the Pipeline Safety Policy for the Gas Department.

(B) The purpose of the drug and alcohol policy:

(1) To establish and maintain a safe and healthful working environment for all employees.

(2) To ensure the reputation for the city and its employees within the community.

(3) To reduce the number of accidental injuries to person or property.

(4) To reduce absenteeism and tardiness while improving productivity.

(5) To provide rehabilitation information assistance for any employee who seeks such help; and

(6) To comply with the United States Drug-Free Workplace Act.

(1) All applicants who are conditionally considered for employment and those former employees seeking re-employment will, as a final step in the employment process, be required to submit to a drug-screening test. If the applicant tests positive for illegal drug usage, employment will be denied. Refusal to submit to the drug testing shall result in denial of employment or re-employment.

(2) Any current employee who is transferred or promoted to a department where drug testing is required pursuant to state or federal law shall be required to have said drug testing performed. Any employee who is transferred or promoted to a department where said drug testing is required and having a positive drug test result will have said transfer or promotion withdrawn. Refusal to submit to the drug testing shall result in denial of the transfer or promotion. Substance abuse rehabilitation will be offered to the employee at the employee’s own expense.

(D) General policy provisions. The following is the city’s policy concerning substance abuse which will be enforced uniformly with respect to all employees as indicated:

(1) All employees are prohibited from being under the influence of alcohol or illegal drugs during working hours.

(2) The use, sale, possession, transfer, or purchase of illegal drugs or controlled substances on or in city property or while on duty or performing city business is prohibited and shall be subject to employee discipline, including termination.

(3) Any employee who commits an unlawful act involving illegal drugs, alcohol, or controlled substances on or off city premises or whose conduct discredits the city in any way will be subject to discipline, including termination.

(4) No alcoholic beverage will be brought or consumed on the job site. Employees may be tested for post-accident, random and probable cause, at the discretion of the city. Anyone testing above .020 on an evidential breath testing device (EBT) operated by a breath alcohol technician (BAT) will be considered positive. The employee will then be excused for the remainder of the workday.

(5) No prescription drug will be brought on city premises by any other than the one for whom it is prescribed. Such drugs will be used only in the manner of combination and quantity prescribed.

(6) As a continuing condition of employment, each employee agrees to abide by the terms of the policy. Employees shall notify the city of any drug conviction in a court of competent jurisdiction involving alcohol, illegal drugs or controlled substances no later than five days after conviction.

(7) Any employee who requests split specimens to be forwarded to another lab of the employee’s choice will be responsible for the cost of the split test.

(8) Any employee who tests positive and is sent for substance abuse professional evaluation shall be required to pay for the return to duty test. The cost of follow-up testing requested by the Department of Transportation and/or the city will be paid for by the city.

(9) The city will pay for all drug and alcohol testing.

(E) Testing.

(1) All employees will be required to submit to a drug screen test as a condition of employment.

(2) Each employee will be tested for drugs and alcohol:

(a) After a work-related accident;

(b) If the employee has been observed using substances that are suspected to be prohibited substances on the job;

(d) If the city has reasonable cause for testing the employee.

The city may perform baseline testing on all employees or by department at any given time.

(3) Each employee will be tested for drugs and alcohol when such employee is involved in a vehicular accident which results in property damage in the amount of $1,000 or more to city property (city vehicles or other city property) or in personal injury. The testing shall occur regardless of whether the accident occurred during working hours or otherwise. The test shall be done as soon as possible following the accident. Further, any employee involved in an accident, but who has not sustained any injury, may be tested at the discretion of the city.

(4) The city will conduct random drug and alcohol testing of employees at any time with or without cause of suspicion in order to assure compliance with its drug-free workplace policy. Members of the volunteer fire department who are not city employees are not subject to random testing.

(5) Any employee returning from a leave of absence may be required to “retest.” An employee who alters a specimen, fails or refuses to submit to testing when requested to do so, shall be subject to disciplinary action, including termination.

(F) Employee testing positive. Employees who test positive are subject to immediate disciplinary action including termination, but may be allowed to continue employment on a conditional basis on the following terms:

(1) An employee testing positive will be handled as follows:

(a) A call will be made from the Medical Review Officer (MRO) at Indiana Testing to the employee contact number. If a number is not available a call will be placed to the Designated Employee Representative (DER) within the city to obtain a contact number.

(b) If the employee is unable to provide cause (prescription) for the positive test the MRO will then classify the test positive.

(d) The DER will then make notification to the Mayor and superintendent/supervisory personnel of the affected department.

(e) A time will be determined and the employee brought for a meeting with the Mayor, superintendent/supervisory personnel, DER and the employee to go over the treatment options.

(2) The employee agrees to participate in counseling in a certified rehabilitation program and to successfully complete the program.

(3) The employee agrees to and does remain drug and alcohol free during the conditional employment period.

(4) The employee agrees to routine, periodic, and unscheduled drug screen and alcohol tests to ensure that the employee remains drug and alcohol free.

(5) The cost of a rehabilitation program will be payable by the employee.

(6) A second positive test will be grounds for immediate termination.

(G) Prescription drugs. Employees taking prescription drugs shall adhere to the following procedure:

(1) Notify their superintendent/supervisory personnel of any potential adverse effect(s) of the prescribed drug, restrictions, length of use (number of days on medication) and the prescribing physician.

(2) Carry the medication in the original prescription container with no more than the necessary dosage required for the work shift.

(3) Failure to abide by the provisions of this division (G) may subject the employee to disciplinary action, including termination.

(H) Police/Fire Department. Any law enforcement officer or fireman exposed to drugs in the line of duty shall immediately notify their superior. Any officer who is undercover will and shall be exempt from this policy but only during the period of time such officer is performing undercover duties.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 12-2014, passed 3-24-14; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.14 VIOLENCE-FREE WORKPLACE.

(A) Because the city is committed to providing a safe and businesslike work environment, all employees are expected to treat co-workers, superintendent/supervisory personnel, elected officials, customers and all other contacts in the workplace in a mature and professional way.

(B) Under no circumstances will physical violence or threatening behavior be tolerated. The Mayor reserves the right to determine if particular actions are considered physical violence or threatening behavior. Examples include, but are not limited to:

(1) Profane or abusive language;

(2) Insinuation of “getting even”;

(3) Physical aggression;

(4) Dangerous pranks or practical jokes;

(5) Aggressive horseplay;

(6) Fighting;

(7) Assault;

(8) Any form of sexual harassment.

(C) Possession of firearms and weapons on city property or at city-sponsored events endangering the well-being of employees is strictly prohibited, except as to City of Rensselaer Police Officers and at the cemetery for ceremonial purpose. Also, any item that could be used as a weapon (including items that are legal to own) will not be permitted at work or at a city-sponsored event.

(D) Any employee who violates these policies may be subject to corrective action, including immediate termination of employment.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.15 SEARCH OF EMPLOYEES OR PERSONAL BELONGINGS.

(A) The city reserves the right to search employees, personal belongings and employee work spaces where there is reasonable suspicion that an employee is engaged in the illegal or prohibited possession, use, sale, purchase, or transfer of alcohol or illegal drugs on city property or where there is reasonable suspicion to believe that firearms, weapons or stolen property of the city is involved.

(B) A city employee’s personal belongings cannot be searched without the employee’s consent. However, if the employee refuses consent, the employee may be subject to corrective action, including immediate termination.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.16 NEPOTISM.

(A) The city selects employees based on their job qualifications. To make sure this standard is always followed and to protect the integrity of business operations, the city has certain restrictions on when and where relatives of employees can be hired and how related employees can work together.

(B) RELATIVE means any of the following: mother, father, son, daughter, biological sibling, spouse, stepparent, stepchild, step relative, adopted child, niece or nephew, aunt or uncle, in-laws or common-law spouse.

(1) Place them in the same department.

(2) Place them in direct or indirect supervisory or managerial capacity over a relative. The employment of relatives as co-workers in the same work unit may also be prohibited even when there is not a reporting relationship.

(3) Allowing them to directly or indirectly influence salary adjustments, career progress or other managerial activities involving a relative.

(4) Require them to audit or review the work of another relative.

(D) Certification requirement. Each elected officer of a unit must annually certify in writing, subject to the penalties for perjury, that the officer has not violated this statute. Each officer must submit the certification to the executive of the unit not later than December 31 of each year.

(E) Failure to comply. If the State Board of Accounts (SBOA) finds that a unit has not implemented an anti-nepotism policy in compliance with I.C. 36-1-20.2, it must forward the information to the Department of Local Government Finance (Department).

If the unit has not implemented such a policy, the Department may not approve:

(1) The unit’s budget; or

(2) Any additional appropriations for the unit;

for the ensuing calendar year until SBOA certifies to the Department that the unit is in compliance with I.C. 36-1-20.2.

The annual report filed by a unit with SBOA under I.C. 5-11-13-1 must include a statement by the executive of the unit stating whether the unit has implemented a policy under this statute.

(F) Exclusions. An individual who is employed by a unit on July 1, 2012, is not subject to these policies unless the individual has a break in employment with the unit. Breaks in employment do not include the following:

(1) The individual is absent from the workplace while on paid or unpaid leave, including vacation, sick, or family medical leave, or workers’ compensation.

(2) The individual’s employment with the unit is terminated followed by immediate reemployment by the unit, without loss of payroll time.

The Mayor oversees this policy and ensures it is consistently enforced.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 14-2018, passed 8-13-2018; Am. Ord. 09-2023, passed 3-13-2023)

35.17 JOB PLACEMENT REQUIREMENTS.

(A) The city prohibits discrimination against any “qualified individual with a disability.”

(B) For the purpose of this section, the term DISABILITY means, with respect to any individual:

(1) A physical or mental impairment* that substantially limits one or more of the major life activities of any individual;

(2) A record of such an impairment; or

(3) Being regarded as having such impairment.

*IMPAIRMENT means any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems; neurological, musculoskeletal, special reproductive, digestive, genitourinary, hemic and lymphatic, skin or endocrine.

Included also are any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities.

(C) The phrase PHYSICAL OR MENTAL IMPAIRMENT does not include homosexuality or bisexuality, simple physical characteristics or environmental, cultural, economic or other disadvantages. Nor is age a disability.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.18 RESIDENCY REQUIREMENTS.

(A) All on-call or emergency employees hired before September 25, 2017, may maintain their current primary residences. However, if they move, their new residence must comply with the 15-mile limit imposed by this chapter.

(B) All on-call or emergency employees of the city hired after September 25, 2017, shall retain their primary residences within 15 miles of the corporate limits of the city.

(C) All new employees who are on-call or emergency personnel shall have one year from the date of hiring to move within 15 miles of the corporate limits.

(D) All non-on-call or nonemergency employees shall reside within Jasper County or a contiguous county.

(E) Police Department employees (officers and dispatchers) shall be exempt from the residency requirements of divisions (A) through (D) of this section. Police Department employees may reside in a county that is contiguous to the county in which the city is located (Public Law 235, amending I.C. 36-8-42).

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.19 WITHHOLDING.

(A) The city is required by law to withhold from each employee’s pay federal, state, and local income taxes, and the employee’s portion of Social Security/Medicare taxes (Federal Income Insurance Contributions Act, FICA).

(B) Before a new employee may commence work, he/she must have a W-4, I-9 and WH-4 properly filled out and filed with the Clerk-Treasurer’s office at least 48 working hours prior to commencing work.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.20 INSURANCE.

(A) The hiring superintendent/supervisory personnel shall obtain a packet from the Clerk-Treasurer’s office containing information, cost and application forms for the various insurance programs offered to full-time employees on the date of hire. An appointment must be made with the Clerk-Treasurer’s office if an employee needs help completing the application form or has questions concerning insurance coverage. Completed forms shall be returned to the Clerk-Treasurer’s office by the date of employment.

(B) The city offers several types of insurance coverage to its full-time employees, including two health plans, dental, vision, life and Aflac. The city pays the health insurance premium for the employee only, with the employee being responsible to contribute $1 annually for health insurance. The employee has a choice of either a PPO health plan or an HSA health plan. For those employees who choose the HSA plan the city may contribute an annual amount (to be determined by Council each year during budget time) to each employee HSA plan.

(C) The city also contributes $110 monthly to the employee to be applied toward any additional insurance of their choice.

(D) Employees are included in the company selection of elective insurance coverage. Employees are welcome to attend council meetings during selection time or be represented by their supervisors. All insurance coverage must be approved by Council prior to change.

(E) Notification of insurance open enrollment dates and premium costs will be provided annually in the payroll checks by the Clerk-Treasurer’s office. The health, dental and vision insurance contract is renewed January 1 of each year, making open enrollment/changes for health insurance due to the Clerk-Treasurer’s office by November 30. Open enrollment/changes for all other insurance (i.e., Aflac, etc.) are due by December 1 of each year in the Clerk-Treasurer’s office.

(F) COBRA insurance (health, dental, vision and Aflac) is available to employees upon termination of employment (see payroll clerk for appropriate forms).

(Ord. 16-2012, passed 6-11-12; Am. Ord. 08-2014, passed 2-24-14; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.21 RETIREMENT.

(A) The hiring superintendent/supervisory personnel shall obtain a packet from the Clerk-Treasurer’s office containing information and an application form for the Public Employees Retirement Fund (PERF/INPRS). Participation is mandatory for employees working 600 hours or more per year, if hired before July 1, 1982, and 1,000 hours or more per year if hired after June 30, 1982. There is a 3% retirement contribution deducted from each paycheck, forwarded with an additional contribution from the city to the PERF/INPRS fund. Officers of the Police Department have their own retirement program.

(B) An appointment must be made with the Clerk-Treasurer’s office if an employee needs help completing the application form or has questions concerning the retirement fund. Completed forms are to be returned to the Clerk-Treasurer’s office by the day of employment.

(C) In reference to the Police Department. Any recruit must be accepted by the Indiana Police Pension (IPP) in order to become a police officer.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.22 ELECTIVE PAYROLL DEDUCTIONS.

(A) Deferred 457 Retirement Plan (Hoosier Start).

(B) First Trust Credit Union.

(D) Voluntary HSA contributions.

(E) Voluntary additional insurance: Aflac, American Fidelity, Combined Insurance, Liberty.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.23 JOB CLASSIFICATION AND SALARIES.

(A) Any employee’s raise adjustment must be recommended to the Mayor, on the city’s adopted payroll change form, by the respective superintendent/supervisory personnel. Final approval of any job classification or salary adjustments must be authorized by the Mayor. Any disputes shall be addressed by the Mayor and Council.

(B) Classification changes. Any employee, whose classification is changed during the year and the schedule for the new position shows a cut in pay, will begin at the closest amount above current pay. This will only affect classification changes within their respective department intended for the sole purpose of a promotion.

(C) Evaluation of employees. Performance reviews are conducted from time to time to provide both you and your supervisor the opportunity to discuss your job responsibilities, identify weaknesses, encourage and recognize strengths, and discuss methods for improving your performance. Please understand that a positive performance review does not guarantee an increase in salary, a promotion, or even continued employment.

The original evaluation form shall be kept in the employee’s permanent personnel file in the Clerk-Treasurer’s office and a copy afforded each to the Mayor and the respective superintendent/supervisory personnel and shall include the following:

(1) All hourly employees – evaluated by their respective superintendent/supervisory personnel.

(2) All Utility Office employees at City Hall – evaluated by Utility Office Manager.

(3) All Treasurer office employees at City Hall – evaluated by Clerk-Treasurer.

(4) Superintendents, Utility Office Manager, Building Commissioner, Mayor’s Secretary, Project Coordinator, Electric Operations Manager – evaluated by Mayor.

All employees shall be subject to an evaluation prior to and upon consideration for a promotion.

(D) Police Department provision. The following provisions shall apply to administrative/investigative classes. Only one officer can occupy the following classifications/ranks:

(1) Chief;

(2) Senior Officer;

(3) Investigative class.

These classifications/ranks will not be automatically filled without a particular promotion approved by the Board of Public Works and Safety. All classifications changes/promotions for the police officers, except Chief of Police, shall be approved by the Board of Public Works and Safety.

(E) Minimum hours for police pay period. A police officer’s bi-weekly salary will require a minimum of 80 hours worked in a 14-day work period. If any officer works in excess of 86 hours in a 14-day work period, then the officer will be entitled to overtime pay calculated one and one-half times his/her computed hourly wage.

(F) Payday for city employees. Paychecks are directly deposited bi-weekly. Paycheck stubs will be emailed to each employee that supplies an email, on Thursday at 2:00 p.m. the day before payday containing a link to retrieve pay stubs. (W2s are received by the same link.) Otherwise a paper copy will be made available to superintendent/supervisory personnel prior to 10:00 a.m. on Fridays. If the normal payday falls on a holiday, paychecks will be issued prior to the holiday.

(G) On-call pay for utility personnel.

(1) Compensation for on-call duty Friday morning to the following Friday morning will be as stated under the Eight Hours On-Call column of the current salaries and wages ordinance. An employee working on-call and is called out, shall be compensated at the rate of one and one-half times the employee’s on-call hourly rate. Any call out shall consist of at least two hours pay. If the call lasts more than two hours, the pay will be for the actual time at one and one-half times the employee’s on-call hourly rate. No more than one call-out will be paid in a two-hour period. Any employee called out to assist an on-call employee shall be compensated for a minimum of two hours and shall be paid for that time at the rate of one and one-half times the employee’s regular hourly rate.

(2) Any and every call-out, including plant checks, will be logged in and out with the police dispatcher for a matter of record. Plant check personnel will be compensated for actual time at the rate of one and one-half times the employee’s regular hourly rate.

(3) All employees will have the opportunity and obligation to work on call for their departments if duly qualified. It is the responsibility of the particular superintendents/supervisory personnel to train new personnel to become qualified for this duty.

(4) The superintendent/supervisory personnel will be responsible for maintaining the on-call rosters and proper notification to the on-call personnel.

(H) Call-out for Police Department.

(1) Police officers shall be given a minimum of two hours’ time for an emergency call-out and shall be included in the 160 hours that must be maintained within a 28-day pay period.

(2) For nonexempt police employees, they will be paid no less than two hours for an emergency call-out.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.24 TIME CARDS.

(A) All employees, regardless of exemption status, are required to maintain a time card.

(B) The city uses a Department of Labor approved rounding method in the calculation of hours worked; therefore, non-exempt employees reporting for a scheduled workday are not permitted to clock in more than seven minutes prior to their scheduled start time or clock out seven minutes past their scheduled end time without prior approval from their supervisor.

(C) The employee is responsible for maintaining and signing his/her own time card. Clocking in or out for another employee is considered fraudulent and is strictly prohibited and subject to disciplinary action, up to and including termination. Your department head is authorized and required by the city to review and approve time worked for your department.

(D) Completed time cards, signed by department head and employee, will be forwarded to the Clerk-Treasurer/Payroll Department by 9:00 a.m. on Monday mornings.

(E) Superintendents are required to submit to the Mayor’s office an absence request form when they plan to be away from work for (i.e., sick days, vacation, funeral days, personal days, training, schooling and re-certifications) for the purpose of naming person in charge in the absence of the superintendent. The absence request form will be copied to the Clerk-Treasurer’s office for payroll purposes.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.25 EMPLOYEE RECOGNITION.

Employees should be recognized at the following stages of employment with the city*:

(A) Ten years of service. An employee celebrating 10 years of continuous service shall receive a lump sum dollar amount of $100 after the anniversary of this milestone in his/her paycheck.

(B) Twenty years of service. An employee celebrating 20 years of continuous service shall receive a lump sum dollar amount of $200 after the anniversary of this milestone in his/her paycheck.

(C) Thirty years of service. An employee celebrating 30 years of continuous service shall receive a lump sum dollar amount of $300 after the anniversary of this milestone in his/her paycheck.

(D) City employees with over 40 years and those retiring will also be recognized on a case-by-case basis. The Mayor’s Secretary will oversee the program and the cost funded from the Public Relations Fund.

*This does not include elected officials.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.26 HOLIDAY PAY.

(A) All full-time employees, except orientation/training personnel, working on a paid holiday will receive the following pay, eight hours for the paid holiday, plus time-and-one-half for hourly employees for the hours actually worked, except employees of the Police Department. Holiday hours will not have to be made up before overtime will be paid.

(B) Orientation/training program. Employees must complete their orientation/training period of 90 days before they are eligible for paid holidays. The orientation/training period can be extended or reduced at the discretion of the department head with the Mayor’s approval.

(D) All full-time city employees will receive the following holidays with pay, except in cases of emergency operation of any department.

Mayoral Holiday	July 4
New Year’s Day (January 1)	Labor Day (first Monday in September)
Martin Luther King, Jr. Day	Veterans Day
President’s Day	Thanksgiving Day and the day after
Good Friday (Friday before Easter)	Christmas Eve (December 24)
Memorial Day	Christmas Day (December 25)
Juneteenth (June 19)

(E) The Mayoral Holiday (per Ordinance 20-2003) is to be designated by the Mayor in writing and approved by the Common Council in a public meeting held prior to the day designated as the Mayoral Holiday.

(F) If the holiday falls on a Saturday, it will be observed on the previous Friday.

(G) If the holiday falls on a Sunday, it will be observed on the following Monday.

(H) In the case that the holidays do not fall under the above categories, Council will make a decision.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 15-2021, passed 9-13-2021; Am. Ord. 09-2023, passed 3-13-2023)

35.27 SICK LEAVE.

(A) All full-time employees will be eligible for sick days. Eight sick days will begin accumulation after employee completes the 90-day probationary period. Days are awarded on a calendar year basis at the rate of four sick days on January 1 and four sick days on July 1st of each year. Employees hired during the year will be eligible for prorated sick days after completing the 90-calendar-day probationary period. Days may not be used until earned.

(B) All sick days may be taken in one-hour increments. Sick days will not have to be made up before receiving overtime pay.

(C) The Clerk-Treasurer will keep an individual up-to-date record on all personnel. Each superintendent/supervisory personnel will keep an individual up-to-date record on the personnel in his/her department.

(D) Sick days may be used for such circumstances as an employee’s own illness, for an employee’s doctor appointment, or when an employee is responsible for the care/treatment of his/her sick dependent.

(E) The employee shall make the determination as to what type of days they will use whenever they request time off from work, such as vacation, personal or sick.

(F) Benefit days cannot be combined in one working day.

(G) Use of sick days will be at the discretion of the superintendent/supervisory personnel.

(1) Employees with five years or more vested with the City of Rensselaer will sign a contract for the number of accrued sick days they have as of December 31, 2002. The number of days will be paid upon retirement or termination from the city employment at the rate of the employee’s wages on June 30, 2003, if the employee has not used the days for illness prior to termination.

(2) As of June 30, 2003, all sick days accrued in an employee’s accrued sick leave will roll over and be added to the employee’s sick days. The accrued sick leave will also be abolished and the employee will have only one account titled “sick days.”

If an employee uses sick days that reduces their accumulation lower than their original contract, a new contract will be signed by the employee and Mayor. The remaining days exceeding the new contract will be paid at $100 per day to a maximum of 60 days.

(3) City will only pay an employee for their sick days at time of termination if the employee has five years or greater vested with the city.

(4) Sick leave may not be used just prior to termination for purposes of being paid at a higher rate. The employee may not apply for sick day leave to be paid as sick days without a doctor’s slip stating condition of the employee’s health condition.

(5) As of December 31 of each year, all unused personal days will be converted to sick days. On January 1 of each year, all unused sick days will be carried forward as sick days to a maximum of 60 days.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.28 PERSONAL DAYS.

(A) All full-time employees will be eligible for personal days. Four personal days will begin accumulation after employee completes the 90-day probationary period and will be given on January 1 of each year. Employees hired during the year will be eligible for prorated personal days after completing the 90-calendar-day probationary period. Days may not be used until earned.

(B) All personal days may be taken in one-hour increments. Personal days will not have to be made up before receiving overtime pay.

(C) Personal days will not be carried forward from the previous year. However, unused personal days are converted to sick days at the end of year for carry-over purposes, at which time they will be considered sick days and will be treated as such.

(D) The Clerk-Treasurer will keep an individual up-to-date record on all personnel. Each superintendent/supervisory personnel will keep an individual up-to-date record on the personnel in his/her department.

(E) The employee shall make the determination as to what type of days they will use whenever they request time off from work, such as vacation, personal or sick.

(F) Benefit days cannot be combined in one working day.

(G) Use of personal days will be at the discretion of the superintendent/supervisory personnel.

(Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.29 VACATION.

(A) All full-time employees will be entitled to a vacation with regular pay, in accordance with the following schedule:

One year’s continuous service	5 days
Two years’ continuous service	10 days
Ten years’ continuous service	15 days
Sixteen years’ continuous service	16 days
Seventeen years’ continuous service	17 days
Eighteen years’ continuous service	18 days
Nineteen years’ continuous service	19 days
Twenty years’ continuous service	20 days
Twenty-one years’ continuous service	21 days
Twenty-two years’ continuous service	22 days
Twenty-three years’ continuous service	23 days
Twenty-four years’ continuous service	24 days
Twenty-five years’ continuous service	25 days
Twenty-six years’ continuous service	26 days
Twenty-seven years’ continuous service	27 days
Twenty-eight years’ continuous service	28 days
Twenty-nine years’ continuous service	29 days
Thirty years’ continuous service	30 days

(B) The Police Department vacation schedule shall be the same as above, with the exception of the following:

One year’s continuous service

10 days

(C) Regarding the vacation days referenced in divisions (A) and (B) of this section, one day shall equal eight hours. All vacation days shall be taken in four- or eight-hour increments. Vacation scheduling will be at the discretion of the employee’s respective superintendent/supervisory personnel. All vacation scheduling for superintendents/supervisory personnel will be at the discretion of the Mayor. Only regular scheduled workdays may be counted as vacation days. The maximum amount of unused vacation time eligible for carry-over from any one year to the next shall be 10 working days. Vacation days will not have to be made up before overtime will be paid.

(D) Benefit days cannot be combined in one day.

(E) Vacations will be earned on the employee’s anniversary date.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.30 NONPAID LEAVE OF ABSENCE.

(A) Any full-time employee, who has been employed by the city for at least 12 months and who has provided at least 1,250 hours of service, shall be given up to 12 unpaid work weeks of leave during any 12-month period to recover from a serious health condition, care for a newly born or adopted child, or care for a spouse, parent, or child who is suffering from a serious health condition.

(B) A SERIOUS HEALTH CONDITION is an illness, injury, impairment or physical or mental condition, involving either inpatient care or continuing treatment by a health care provider.

(C) An employee may take leave for birth or placement of a child only within 12 weeks of that birth or placement, and an employee must provide 30 days’ advance notice before the date on which the leave would begin. If the employee is unable to provide 30 days’ notice, he/she must provide such notice as is practical.

(D) The employee shall use his/her paid vacation, personal days and sick leave for any part of the 12-week period. This will be included in the 12 allowable weeks.

(E) The employee desiring to take leave due to his/her own or a family member’s serious health condition must provide certification of the condition from a health care provider including the following:

(1) The date on which the serious health condition in question began.

(2) The probable duration of the condition.

(3) Appropriate medical facts regarding the condition.

(4) A statement that the employee is needed to care for the family member along with an estimate of how long the care will be required, or a statement that the employee is unable to perform his/her duties because of the serious health condition.

(F) Insurance coverage during a leave of absence will continue without interruption until the employee has used all paid days (i.e., sick, vacation, personal). At that time arrangements will need to be made to pay said insurance premiums on the first of the month in the Clerk-Treasurer’s office.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.31 THE FAMILY AND MEDICAL LEAVE ACT (FMLA).

(A) The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 work weeks of unpaid job-protected leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave.

(B) The FMLA allows employees to balance their work and family life by taking reasonable unpaid leave for certain family and medical reasons. The FMLA seeks to accomplish these purposes in a manner that accommodates the legitimate interest of employers, and minimizes the potential for employment discrimination on the basis of gender, while promoting equal employment opportunity for men and women.

(C) Recent amendments to the FMLA were enacted on January 28, 2008. The amendments provide two new leave entitlements to eligible specified family members.

(1) Up to 12 weeks of leave for qualifying exigencies arising out of a covered family member’s active military duty, and

(2) Up to 26 weeks of leave in a single 12-month period to care for a covered service member recovering from serious illness or injury. Eligible employees are entitled to a combined total of up to 26 weeks of all types of FMLA leave.

(D) For more information pertaining to the Family and Medical Leave Act (FMLA), please contact the City Clerk-Treasurer’s office.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.32 ON-THE-JOB INJURY.

(A) All on-the-job injuries are to be reported to the Mayor and Safety Director by the superintendent/supervisory personnel immediately. A workers’ compensation injury report must be filed with the Clerk-Treasurer and copied to the Mayor within 48 hours of the injury, regardless of how insignificant the injury may appear. Such reports are necessary to comply with laws and initiate insurance and workers’ compensation before benefits are paid. It will be the responsibility of the Clerk-Treasurer’s office to notify the city’s insurance provider.

(B) If an employee is off 21 calendar days or longer, workers’ compensation will then pay the employee for the seven-day waiting period. If the employee is off less than 21 days, the city will then pay the employee for the days regularly scheduled to work in that seven-day waiting period after the employee returns to work.

(C) It is the employee’s responsibility to provide to the superintendent/supervisory personnel all documentation related to treatment and/or follow-up.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.33 FUNERAL DAYS.

(A) In the case of death of a father, mother, step-mother, step-father, mother-in-law, father-in-law, spouse, child or step-child, or sibling of a full-time employee, the employee shall be excused with pay, without loss of compensation, for a period extending not more than five consecutive workdays for the purpose of attending the last burial rites and attending to other personal matters of the deceased.

(B) In the case of death of a grandchild, grandparent, grandparent-in-law, brother-in-law, sister-in-law, son-in-law or daughter-in-law of a full-time employee, the employee shall be excused with pay, without loss of compensation, for a period extending not more than three consecutive workdays for each such occurrence for the purpose of attending the last burial rites and attending to other personal matters of the deceased.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.34 FAMILY ILLNESS DAYS

A full-time employee shall be allowed to be excused with pay up to three days in any one year, without loss of compensation, in case of serious illness or surgery of a parent, sibling, spouse, child, step-child, grandparent, grandchild, father-in-law, mother-in-law, sister-in-law or brother-in-law, son-in-law, or daughter-in-law. Serious illness would be hospitalization or treatment for cancer, heart attacks, strokes, Alzheimer’s disease, life-threatening injuries or complications related to childbirth. This will be at the discretion of the superintendent/supervisory personnel and properly documented.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.35 COMPENSATION FOR JURY DUTY/SUBPOENAED WITNESS

All full-time employees will receive the full amount of his/her regular salary and then, in turn, turn over the warrant received for serving as a juror or witness to the Clerk-Treasurer. The Clerk-Treasurer shall receipt the warrant into the fund from which the regular salary was paid.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.36 NATIONAL GUARD DUTY AND MILITARY LEAVE.

(A) Officers and employees of the city are entitled to a leave of absence without loss of vacation time from their municipal duties and shall be allowed compensation from the city of up to 15 days in any calendar year for National Guard or military service.

(B) The compensation shall be in addition to the military leave pay received by the officer or employee.

(C) The compensation shall only be paid for regular days of city employment missed. The compensation shall not result in “bonus pay” such as pay for weekends, regular days off, etc.

(D) The compensation should be for up to 15 days military leave of absence during each calendar year, and the days are not required to be consecutive.

(E) The officer or employee is required to furnish the city proper certification with training duty order to support the claim for compensation while absent on military duty.

(F) The Uniformed Services Employment and Re-employment Rights Act defines UNIFORMED SERVICES to be all armed forces, including the Army National Guard and the Air National Guard, whether engaged in active duty for service or training or inactive duty for training.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.37 ALLOWED TRAVEL/TRAINING EXPENSES.

(A) The following policies shall be used in providing or reimbursing the Mayor, Council, Clerk-Treasurer, appointed officials and employees for travel accommodations when travel has been authorized and budgeted. Registration fees, fees and charges associated with travel and lodging expenses, shall be reimbursed within 72 hours upon being presented to the Clerk-Treasurer’s office unless the meal is during a one-day event and overnight stay was used. In the case of a one-day event and the employee has meal receipts to turn in for reimbursement, these meals are a taxable fringe benefit and are subject to tax. In this case the original, itemized receipt, along with supporting documentation of the event calling the employee out of town, will be turned in with the employee’s timecard and will be reimbursed to the employee on his or her paycheck. This situation will not be subject to the 72-hour reimbursement rule. Prior to departure, employees need to be oriented as to the acceptable type of itemized receipts needed to be collectable for reimbursement. Conference registration must accompany receipts prior to reimbursement.

(B) The conference registration must also be copied and attached to time card prior to turning in to payroll in order to get paid for days absent from work to attend.

(1) Registration fees. Registration or similar fees for conferences, seminars and other similar meetings or functions related to City affairs, will be provided for or reimbursed when supported by original receipt.

(2) Transportation. When a personal vehicle is used, reimbursement is at the rate equal to the rate being paid by the federal government. Travel by commercial airlines, rail service, bus or similar common carrier mode will be provided for at the prevailing “coach” or “tourist” rate, when authorized and supported by original receipts. Fees and charges associated with travel expenses will be reimbursed.

(3) Lodging. Lodging shall be provided for or reimbursed when supported by original receipts in the following manner:

(a) Single occupancy will be provided at actual cost.

(b) Double occupancy will be provided at actual cost when both parties are eligible for reimbursement.

(c) Double occupancy will be provided at the single occupancy rate when only one party is eligible for reimbursement, unless room is a one-rate charge.

Reimbursement for lodging costs shall include room cost, associated local taxes, necessary business-related telephone charges and any other fees and charges associated with lodging expenses. Room service will not be reimbursable.

(4) Meals while traveling.

(a) Meals will be reimbursed only when supported by original receipts up to $125 (including tax and tip) per day. Such gratuity should be reasonable and should not exceed 20% of the total cost of any one meal.

(b) When separate checks are not available, an employee may claim reimbursement for other authorized employees up to the maximum amount provided for in division (C)(4)(a) of this section, multiplied by the number of employees. Each employee must be identified by name on the receipt, and an original receipt must be provided. Payment for meals will be made to only one individual (whoever submits receipt/claim).

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 14-2018, passed 8-13-2018; Am. Ord. 09-2023, passed 3-13-2023)

35.38 USE OF CITY-OWNED VEHICLES.

The personal use of city vehicles is strictly prohibited. The following is the city’s official policy:

(A) VEHICLE. Any motorized wheeled vehicle, including an automobile manufactured primarily for use on public streets and highways.

(1) Category 1. Clearly marked police and fire vehicles and trucks which carry and store equipment for utility repair. The limited personal use of these vehicles is not considered to be income, and therefore is not taxable.

(2) Category 2. Vehicle permitted by the city to be used for commuting purposes. These are vehicles that do not fall within Category 1 but which the city permits the employee’s use to commute to and from work.

(B) All municipally owned vehicles may be used for city business only, with the exception of vehicles specifically authorized by the Mayor to be used for commuting purposes.

(C) When municipally owned vehicles are not in use, these vehicles are to be kept on city property, or in areas designated for municipal vehicle storage, except when these vehicles are elsewhere for repairs/service.

(D) Any employee taking home a city-owned vehicle is not allowed to use the vehicle for personal purposes, other than for commuting or de minimis personal use (such as a stop for a personal errand on the way between a job-related trip and the employee’s home).

(E) Employees that take home a city-owned vehicle, which is classified under division (A)(2) of this section, will be taxed on a benefit of $1.50 per one-way commute – from home to work or from work to home.

(F) Only the following types of vehicles are exempted from both the record keeping and taxation requirement:

(1) Clearly marked police and fire vehicles;

(2) Unmarked law enforcement vehicles when used for authorized purposes and operated by a full-time law enforcement officer;

(3) Delivery trucks with seating only for the driver, or only for the driver plus a folding jump seat;

(4) Flatbed trucks;

(5) Cargo carrier with over a 14,000-pound capacity;

(6) School and passenger buses with over a 20-person capacity;

(7) Ambulances;

(8) Hearses;

(9) Bucket trucks;

(10) Cranes and derricks;

(11) Forklifts;

(12) Cement mixers;

(13) Dump trucks;

(14) Garbage trucks;

(15) Specialized utility repair trucks;

(16) Tractors;

(17) Certain pickup trucks and vans not over 14,000 pounds loaded gross vehicle weight, and be clearly marked with permanently affixed decals or special painting or other advertising, equipped with at least one of the following: a hydraulic lift gate, permanently installed tanks or drums, permanently installed side boards or panels materially raising the level of the sides of the bed of the truck or other heavy equipment such as an electric generator, welder, boom or crane. A van must have a seat only for the driver or the driver and one other person, and either permanent shelving has been installed that fills most of the cargo area, or the cargo area is open and the van constantly carries merchandise, material or equipment used in the city’s trade, business or function.

(G) Clearly marked police cars, owned or leased by the city, will be excluded from the police officer’s income if the police officer is on call at all times to use to commute. However, it will be prohibited for personal use (other than commuting) outside the limit of the police officer’s arrest power. Any police officer employed by the city must be authorized by the Rensselaer Board of Public Works and Safety for personal use of an unmarked police car owned or leased by the city. The personal use must be necessary to help enforce the law, such as being able to report directly from home to a stakeout or to an emergency. Use for vacation or recreation trips is not an authorized use.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.39 GUIDELINES FOR USE OF PERSONAL VEHICLES.

(A) Employees who use their personal vehicles for work-related activities on behalf of the city are reimbursed for that use at a set rate per mile driven in accordance with the city’s travel policy. You must submit expense reports to your superintendent/supervisor or elected official requesting reimbursement and provide appropriate documentation.

(B) Each employee using his personal vehicle to conduct city business is required by state law to carry liability insurance. The city’s liability insurance covers only claims against the city and it does not cover you or your personal vehicle when you are using that vehicle to conduct official city business. In the event you are injured as a result of an accident while you are using your personal vehicle to conduct city business, you may be entitled to certain workers’ compensation benefits, depending on the circumstances and state workers’ compensation law.

(Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.40 REMEDIAL TRAINING (EMPLOYEE DISCIPLINE).

A primary objective of the City of Rensselaer is to ensure prompt, efficient, and courteous service to the public. To meet this goal, the city superintendents/supervisory personnel are responsible for training, assisting, motivating, directing, and correcting behavior of staff. It is essential that certain standards of personal conduct and work performance be maintained at the highest level possible. Superintendents/supervisory personnel are responsible for informing their subordinates of management’s expectations. When problems with employee’s behavior or work performance arise the superintendents/supervisory personnel should seek to correct the deficiency with the least amount of disruption possible.

(A) Progressive remedial training. Progressive remedial training is utilized for city employees and may include oral (verbal) counseling, written warning, suspension, and ultimately discharge. The goals of progressive remedial training are to:

(1) Inform the employee of inadequacies in performance or instances of improper behavior.

(2) Clarify what constitutes satisfactory performance or behavior and instruct the employee on what action must be taken to correct the performance or behavior problem.

(3) Outline a feasible time frame in which the employee has to correct the deficiencies.

(4) Inform the employee of what action will be taken in the future if the expectations are not met within the time frame specified.

(B) Under certain circumstances, progressive remedial training becomes inappropriate or inadequate for the incident and therefore termination becomes the proper recourse. Such determinations are at the sole discretion of the Mayor’s office.

(C) It is very important to document all remedial training as it occurs. This information will be maintained in the employee’s personnel file.

There are other reasons for remedial training besides inadequate performance. Some additional reasons are listed below:

(1) Violation of a city rule, procedure or policy.

(2) Failure to comply with rules, procedure or policy.

(3) Failure or refusal to perform work as assigned.

(4) Gross misconduct.

(5) Misuse, abuse, or theft of city property.

(6) Willfully falsifying reports or records including time keeping records.

(7) Commission or alleged commission of felonious act.

(8) Willful negligence of city-owned property.

(9) Conduct endangering safety of self or co-workers.

(10) Use of illegal drugs or alcohol while on duty.

(11) Conduct unbecoming a city employee.

(12) Various other acts or actions not listed that would be considered offensive by an ordinary citizen.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.41 TERMINATION.

(A) Voluntary termination. An employee voluntarily resigning from employment shall provide written notice of resignation to the superintendent/supervisory personnel or Director at least two weeks prior to the last day of employment.

(B) Involuntary termination. Causes for involuntary termination are many and varied and may include but are not limited to the following:

(1) Violation of a city policy.

(2) Theft or unauthorized use of city property or services.

(3) Conviction of a felony.

(4) Falsification of documents or records, including time keeping records and employment application.

(5) Damage to city property through willful negligence.

(6) Conduct prejudicial to good order and discipline.

(7) Violation of safety rules endangering self or others.

(C) Employees who are terminated may be eligible for insurance continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA) after leaving employment. Please direct questions to the Clerk-Treasurer’s office.

(D) All employees terminating employment with the City of Rensselaer, shall schedule an exit interview with the Clerk-Treasurer’s office. Not all terminated employees will be given an exit interview. Superintendents/supervisory personnel will notify the Clerk-Treasurer’s office once the exit checklist is completed.

(E) Exit interview.

(1) Purpose. To ensure employees voluntarily ending their employment with the city are made aware of benefits option that may be available to them, also to identify any potential personnel problems that might exist within the city’s work force. And when possible, take necessary steps to correct situations and circumstances that contribute to these problems.

(2) Policy. All individuals who are ending their employment with the city will be required to undergo an exit interview prior to the last day of their employment (preferably the last of employment). Those individuals who do not attend an exit interview will receive a certified letter from the Payroll Clerk advising them of available insurance options (COBRA).

(3) During the exit interview the employee will have the opportunity to express their views on the operation of city government to include the effectiveness of their supervisor.

(4) Supervisors are accountable to ensure individuals separating from employment are aware of this policy.

(5) Consolidated Omnibus Budget Reconciliation Act (COBRA).

(a) This act requires employers to continue to offer coverage in their group health plan to certain former employees, retirees, spouses, and dependent children.

(b) The length of continuation coverage offered depends on the “qualifying event.” QUALIFYING EVENTS are certain types of events that would cause, except for COBRA continuation coverage, an individual to lose health coverage. The type of qualifying event will determine who is entitled for continuation coverage under COBRA. For example, in the event a covered employee voluntarily or involuntarily terminates employment for reason other than “gross misconduct” or reduces the number of hours worked (which results in loss of coverage) the covered employee, spouse, and dependent children will be entitled to continue coverage in the group health plan for up to 18 months. A covered spouse and dependent child(ren) are eligible to continue coverage for up to 36 months in the event of divorce, legal separation, or death of the covered employee, or whenever the children no longer meet the requirement of a dependent child under the health plan.

(d) Employees and their dependents must be notified of their rights to extend health plan coverage at the time they become plan participants and any time a qualifying event occurs.

(e) The required period of continued coverage may be terminated by the employer if the individual fails to make the required payments by the first of each month, becomes enrolled in another health plan that does not contain any exclusion or limitation with respect to any pre-existing condition, becomes entitled to Medicare, or if the employer’s group health plan is terminated.

(6) The above information is a summary only and in no way intended to be legal advice. For further information, please contact the Clerk-Treasurer’s office.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.42 KEEPING ACCOUNTS WITH CITY CURRENT.

(A) All persons employed by the city and on the city payroll shall keep all accounts with the city in current standings, including but not limited to utility service.

(B) If any such employee becomes indebted to the city, said employee shall, upon satisfying the Mayor and Council, make arrangements to pay any overdue accounts with the utility office. Arranged payments shall be made monthly until the overdue account(s) is paid in full. The Mayor and Council shall decide the minimum payment allowed and the time frame allowed to pay such overdue account(s) in full. In case of failure of such employee to meet his/her accounts, as herein provided, or in case of complaint being made, said employee shall be given a hearing before the Mayor, Council and Clerk-Treasurer. Upon his/her failure to show good reason why his/her account(s) have again become overdue, said employee shall be discharged from the service of the city and be subject to the city’s means for collecting its losses.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.43 SEXUAL HARASSMENT.

(A) The city will not tolerate any form of sexual harassment. An employee suffers sexual harassment if he/she is asked to provide sexual favors in order to obtain employment, avoid discharge, or gain some other work-related benefit. The perpetrator of the harassment may be an employer or an employer’s agent, such as a supervisor, or an officer holder.

(B) There is also a second form of sexual harassment which occurs when an employee is subjected to a hostile or abusive working environment. In this kind of harassment, the offensive actions may be directly related to sexual matters, such as explicit sexual language, sexual joking, or sexual posters in the workplace; however, nonsexual harassment aimed at an employee solely because she is a female may also create a hostile environment.

(C) Any employee who has a sexual harassment complaint will first register his/her complaint with the superintendent/supervisory personnel, unless the complaint involves the employee’s immediate superintendent/supervisor, at which time the sexual harassment complaint will first be registered with the Mayor. The superintendent/supervisory personnel shall then inform the Mayor of the complaint. An initial investigation by the Mayor and/or the City Attorney shall then be conducted promptly and thoroughly. All investigations shall be confidential and may include the following:

(1) Warning;

(2) Discipline;

(3) Suspension without pay;

(4) Termination of employee;

(5) No action; or

(6) Request for further investigation.

(D) If either the alleged victim or alleged perpetrator is dissatisfied with the action taken by the Mayor, said individual may file a written complaint to the Mayor and Council, who may elect to hold a hearing. The decision of the Mayor and Council will be final.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.44 WORKING HOURS.

(A) City of Rensselaer departmental operating hours are 7:30 a.m. to 4:00 p.m. Monday through Friday, excluding holidays. Your direct supervisor will establish and approve your work hours. All employees working a regularly scheduled day will be afforded a lunch period. Lunch period will not exceed one-half hour. Time of day that lunch is taken will be dependent upon your responsibilities and day-to-day assignments and/or supervisor discretion.

(B) Superintendents/supervisory personnel have the authority to set working hours for employees of their respective departments (keeping in mind the 40-hour work week provision) for the purpose of accomplishing a specified task/job that calls for extensive working time beyond the normal (7:30 a.m. to 4:00 p.m.) Monday through Friday eight-hour work zone.

(C) Employees are allotted two 15-minute breaks, one in the morning, and one in the afternoon. All employees should take breaks at their respective locations or as determined by the superintendent/supervisory personnel.

(D) Hourly employees working in excess of 40 hours in any work week shall be compensated at a rate of one and one-half times the employee’s hourly total compensation rate.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.45 SAFETY AND WORKING CONDITIONS.

(A) Establishment and maintenance of a safe work environment is the shared responsibility of the city and all employees. The city will take all reasonable steps to ensure a safe environment for employees, customers, and visitors and to ensure compliance with federal, state, and local safety regulations.

(B) Employees shall obey rules and exercise caution in all work activities, and shall immediately report any unsafe conditions to an elected official or their superintendent/supervisor. Reports and concerns about workplace safety issues may be made without fear of reprisal. All employees are expected to correct unsafe conditions as promptly as possible. Employees who violate safety standards that cause hazardous or dangerous situations, or who fail to report or, where appropriate, remedy such situations, may be subject to disciplinary action, up to and including termination of employment.

(C) During emergency conditions and for worker safety, if approved by Mayor or City Council President, food and/or hydration can be purchased from a city appropriation or utility operating fund (as applicable) and provided to city employees.

(Ord. 16-2012, passed 6-11-12; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.46 EMERGENCY CLOSINGS.

(A) Periodic emergencies, such as severe weather, can disrupt city operations and sometimes require the decision to close city offices. In the event that an emergency occurs, the Mayor’s office will provide an announcement to the media as well as city officials and department heads regarding the decision to close city operations. It is the responsibility of the department head and/or elected official to notify employees. Part-time employees will not be compensated for hours not physically worked, regardless of the declared city closure.

(B) All scheduled hourly employees will receive their normal eight hours pay for the day. In the event that employees are required to work, it will be at the discretion of the department head and/or elected officials, those physical hours worked will be paid at one and one-half times their normal rate, in addition to their eight hours of regular pay. It is up to the department head’s discretion to be paid at one and one-half times their normal rate when working from home with approval from the Mayor.

(C) In the event that the employee is on scheduled benefit time, the benefit time will be returned to the employee. When an emergency occurs that requires a city closure for a partial day, the Mayor’s office will determine the closure based on clock hours.

(Ord. 14-2017, passed 9-25-2017; Am. Ord. 03-2022, passed 2-28-2022; Am. Ord. 09-2023, passed 3-13-2023)

35.47 CREDIT CARD POLICY.

(A) The use of credit cards shall be limited to specific users as follows: Cards are to be used primarily for travel-related expenses and for registration fees for conferences and educational seminars. Credit cards may also be used for the purchase of goods and supplies where a merchant charge account has first been requested but cannot be established for any valid reason, as the use of merchant charge accounts remain the preferred method of purchasing supplies, goods and services for the city. The purchase of goods and supplies includes purchases over the internet. Employees are cautioned to exercise appropriate judgment related to security and should buy only from vendors whom they have otherwise scrutinized and deemed to be legitimate and trustworthy. No city credit card may be linked in any manner to personal internet site or account such as PayPal, Ebay, Amazon, etc. The cards may not be used to intentionally bypass the normal accounting and claims approval process of the city, nor used for personal purchases. Original detailed credit card receipts must be attached to claims for payment from credit card billing and forwarded to the appropriate financial office of the Clerk-Treasurer. A photocopy shall be kept in the appropriate department. Credit card payments will not be made on the basis of the account statement only. Travel-related expenses include hotel or motel rooms; hotel or motel room charges for telephone calls pertaining to city business; meals, including gratuities not to exceed 20%; gasoline for city-owned vehicles; parking; and registration fees for conferences and educational seminars. Nonallowable charges include alcoholic beverages, room service, nonbusiness-related telephone calls, in-room movies, personal purchases and cash advances.

(B) Credit cards shall have credit limits as follows:

(1) Mayor: $5,000;

(2) Clerk-Treasurer: $2,500;

(3) Chief of Police: $2,500;

(4) Patrol Supervisor: $2,500;

(5) Fire Chief: $2,500;

(6) Utility Office Manager: $2,500;

(7) Electric Superintendent: $10,000;

(8) Line Supervisor: $5,000;

(9) Gas Superintendent: $2,500;

(10) Street Superintendent: $5,000;

(11) Special Projects Superintendent: $5,000;

(12) Building Commissioner: $2,500;

(13) Park Superintendent: $2,500;

(14) Cemetery Superintendent: $2,500.

(15) Department credit cards for the following:

(a) Street and Water Departments: issue one card to share between the two departments with a limit of $2,500;

(b) Gas Department: issue one card with a limit of $2,500;

(d) Electric Department: issue one card with a limit of $3,000; Electric Department Linemen issue one card with a limit of $3,000.

Issuance to additional positions and credit limits shall be approved by the City Council.

(C) Employees to whom cards are issued may permit use of the card by other employees in his/her department. However, the official to whom the card is issued is responsible for ensuring purchases are authorized, legitimate and appropriate, and is responsible for the custody and security of the card. If the credit card has inappropriate charges or charges not authorized by this chapter it is the personal responsibility of the party making the charge or his/her supervisor to immediately pay such inappropriate or unauthorized charge.

(D) The department head shall maintain an activity log showing the date, amount, and purpose of each charge, name and title of person who charged the purchase and from whom the purchase was made. The log shall also track the balance due, date, and payment amounts on the account. Because purchases made with a credit card are paid to the vendor outside the normal claims approval process, each department head shall provide to the City Council each month a copy of the activity log coinciding with the claim to the credit card issuer which the City Council is being asked to approve. This copy shall be provided to the Clerk-Treasurer’s office in time for it to be copied for the Council meeting.

(E) The city is permitted to pay sales tax when an employee uses the city credit card to purchase meals. Before traveling and when making hotel/motel reservation inform the booking clerk that the city does not pay sales tax and the employee will fax a copy of the tax exempt certificate for the hotel/motel records. The same process is to be used when purchasing air, train or bus travel tickets. If the situation is documented that the hotel/motel, airline, train or bus company will not waive the sales tax the city is permitted to pay the sales tax when a city credit card is used by a city employee.

(F) Department heads or officials are responsible to personally pay interest charges and all extraneous charges such as over-the-limit and late fees. Employees should be aware of the time period between charge card statement date, date of claim approval by the appropriate board or city official and payment posting by the credit card company, and that at times this can be an extended period of time.

(Ord. 15-2017, passed 9-11-2017; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

INOCULATION AND DISEASE PREVENTION POLICY

35.75 INTENT.

The city hereby states its intent and desire to protect its employees, to the extent possible, from communicable or contagious diseases or illnesses. Therefore, the city will offer preventive treatment in the form of inoculations or other preventive measures.

(Ord. 13-91, passed 10-28-91; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.76 EMPLOYEE PARTICIPATION.

(A) Initially, this preventive program shall be offered to members of the Police Department, Fire Department and Sewage Treatment Plant and employees. Any covered employee may request inoculations as hereinafter set forth; but no employee is required to do so. Every employee participating in this program will be required to sign a medical release and waiver of liability.

(B) Every covered employee may consult with his or her personal physician prior to accepting the benefits of this program. To the extent any such employee consults with his or her personal physician, any cost associated therewith shall be at the expense of the employee; however, this provision shall not be construed in such a fashion as to deny any other medical coverage benefit, such as medical health care insurance, that would otherwise be available to the employee to defray the cost of such a consultation.

(C) All city employees not otherwise covered under this provision may specifically request to participate in the inoculation program by requesting to do so through the officer or superintendent under whom such city employee works and said officer or superintendent shall consult with the Mayor. Upon recommendation by the superintendent or officer supervising said employee and with the approval of the Mayor, any such employee who has so requested to participate in the program shall be entitled to participate on the same terms and conditions as previously set forth.

(Ord. 13-91, passed 10-28-91; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.77 MEDICAL HEALTH CARE PROVIDER.

The Mayor shall solicit bids from medical health care providers in Rensselaer, Indiana, to provide inoculations and/or preventive treatment. This shall be done on an annual basis. The Mayor shall select a medical health care provider to provide the services requested and in making the selection the Mayor shall consider costs, availability, past experience and any other relevant factor. The medical health care provider so selected shall be the medical health care provider to provide the inoculations and preventive treatment as hereinafter set forth all for the year for which the medical health care provider is selected.

(Ord. 13-91, passed 10-28-91; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.78 PROGRAM OFFERED.

(A) Initially, this inoculation and disease prevention policy shall cover the following:

(1) Diphtheria and tetanus;

(2) Measles and rubella;

(3) Hepatitis B series;

(4) Pneumococcal vaccine; and

(5) Influenza vaccine.

(B) The Mayor, after consulting with the medical health care provider may delete or add any other inoculation or preventive treatment as the Mayor and the medical health care provider deem advisable all for the protection of the employees of the city.

(Ord. 13-91, passed 10-28-91; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.79 COST.

The cost of this program shall be at the expense of the city.

(Ord. 13-91, passed 10-28-91; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.80 GENERAL PROVISIONS.

In addition to the foregoing, the following general conditions will apply:

(A) The city recognizes that certain individuals may be allergic to or have an adverse reaction to certain medical treatment. It is the responsibility of every participating employee to inform the medical health care provider about any known allergies or adverse tendencies that the employee has experienced with respect to any offered inoculations or preventive treatment. Additionally, the city accepts no responsibility for any such allergic reactions and encourages any participating employee to consult with his or her personal physician prior to accepting the benefits of this program.

(B) The city has designed the program to be cost effective. Therefore, covered employees may not accept the benefits of the program by obtaining covered inoculations or preventive treatment from a medical health care provider other than the medical health care provider selected by the city.

(C) The city recognizes that specific and individual employees may have a greater risk for exposure to certain diseases or illnesses. Therefore, a city employee need not accept all inoculations or preventive treatment in order to participate in this program.

(D) Each city employee, officer and/or supervisor shall be notified about this program by notice which shall be posted in a prominent place as other required notices to employees are posted.

(Ord. 13-91, passed 10-28-91; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.81 WAIVER.

Participation in inoculation and disease control program shall be on a voluntary basis and each covered city employee, officer, or supervisor shall be required to sign a waiver in substantially the same form as set forth below:

The undersigned, employer, officer or supervisor of the city of Rensselaer hereby waives any liability on the part of the city of Rensselaer all because of the undersigned participation in the city of Rensselaer’s Inoculation and Disease Prevention Policy. The undersigned hereby represents that he or she has been informed that he or she has the right to consult with his or her personal physician prior to accepting any inoculation or preventive medical treatment. The undersigned further states that he or she understands that participation in this program is voluntary and the undersigned is not required to accept any inoculation or medical treatment without his or her consent. The undersigned further agrees that he or she accepts full and complete responsibility for any allergic or adverse reaction that he or she may experience as a result of any such inoculation or preventive medical treatment; however, this letter shall extend only to the city of Rensselaer. The undersigned further agrees that participation in this program will require the employee, officer or supervisor to accept the inoculations and/or preventive treatment from the medical health care provider selected by the city of Rensselaer. The undersigned understands that the medical health care provider may request the undersigned to sign a consent and authorization to accept medical treatment under such terms and conditions as the medical healthcare provider may reasonably request. The undersigned states that he or she is aware that the city of Rensselaer has offered this inoculation and disease prevention policy on a voluntary basis and the undersigned has voluntarily, freely and, with full understanding, decided to participate in the program.

Employee Signature ___________________________________ Date:________________

Printed Name ___________________________________________________

(Ord. 13-91, passed 10-28-91; Am. Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)

35.82 ACKNOWLEDGEMENT OF EMPLOYEE POLICIES AND PROCEDURE ORDINANCE

I acknowledge that I received the most current Employee Policies and Procedure of the City of Rensselaer and that I have been advised to read it carefully and bring any questions that I have to the attention of my Superintendent and/or Supervisory Personnel.

I understand that the information contained in the Employee Policies and Procedures Ordinance of the City of Rensselaer represents guidelines only and that the City of Rensselaer reserves the right to modify the ordinance or to amend or terminate any policies, procedures, or programs. I understand that this ordinance is not a contract of employment between me and the City of Rensselaer and that no individual other than the Mayor for the City of Rensselaer has authority to enter into any such agreement guaranteeing employment for any specified time period. I also understand that any such agreement, if made shall not be enforceable unless it is in writing and signed by the employee and the Mayor for the City of Rensselaer.

Employee Signature ____________________________________ Date:________________

Printed Name ___________________________________________________

(Ord. 14-2017, passed 9-25-2017; Am. Ord. 09-2023, passed 3-13-2023)