Herriman’s Personnel Policies and Procedures Manual is simply a written guide for management and staff. This manual not only outlines Herriman’s policy on the various phases of the employer-employee relationship, it also indicates how policy is to be administered. Consequently, each employee is able to use this Manual as a guide when policy needs to be applied to a given situation.
As an employee of Herriman you will be expected to read, understand, and follow the policies and procedures contained in this manual. Experience has shown that written policies promote consistency, continuity, and understanding within an organization. Written policies also aid in consistently achieving fair and equitable interpretation of policy. Employees always feel a deeper understanding of their role in the organization when they realize that policies are uniformly administered.
Please be advised that it is the obligation of each employee of Herriman to conduct themselves in conformity with the principle of Equal Employment Opportunity at all times. All employment activities including, but not limited to, advertising, recruitment, hiring, promotion, demotion, transfer, disciplinary action, layoff, termination, compensation, and training, shall be conducted without unlawful regard to race, color, religion, sex, national origin, age, disability, or veteran’s status.
Finally, no employee, officer, agent or other representative of Herriman has any authority to enter into any agreement for employment for any specified period of time or to make any agreement or representation, verbally or in writing, which alters, amends, or contradicts the provisions of this Personnel Policies and Procedures Manual.
1. GENERAL POLICY. Herriman will take all necessary precautions and steps in written contracts to prevent loss and liability arising from entering relationships with independent contractors. All such independent contractor agreements will be reviewed by the City Attorney.
2. SUPERVISOR RESPONSIBILITIES.
It is the supervisor’s responsibility to ensure that no work is performed by any private contractor until:
(1) A written contract between Herriman and the independent contractor has been entered into and signed by both parties.
(2) The independent contractor agreement has been reviewed by the City Attorney.
(3) The signed written contract has been attested by the City Recorder.
1. EMPLOYMENT. Job Descriptions defining the essential functions of the vacant position shall be prepared before the vacancy is posted or otherwise advertised. All full-time or part-time employment opportunities shall be posted externally. Temporary employment opportunities are not required to be posted internally or externally.
2. RECRUITMENT. All recruitment shall be conducted in accordance with equal opportunity guidelines.
A. Nepotism. To avoid conflicts of interest and the appearance of favoritism or bias, it is the policy of Herriman to strictly comply with Utah Code Ann. § 52-3-1, as amended from time to time. Herriman defines the term “direct supervision” as a supervisor who immediately oversees, directs, and/or evaluates an employee.
B. Employment of Minors. It is the policy of Herriman that no one under the age of eighteen (18) shall be hired for any full-time or part-time position. Persons sixteen (16) and seventeen (17) may be hired for temporary employment, provided such employment is in compliance with applicable laws. No one under the age of sixteen (16) shall be hired for any position.
C. Rehires. Job applications received from former employees will be processed using the same procedures and standards that govern all other nonemployee applications. Human Resources will review the former employee’s personnel records and the circumstances surrounding termination of previous employment with Herriman. (1) Former employees who have been terminated for cause, or who voluntarily resign while facing disciplinary action, are not eligible for rehire. (2) Applicants who are rehired shall be required to serve a new probationary period.
D. Job Applications. All interested job applicants shall complete a job application. (1) All applications and resumes received for the job opening will be forwarded to Human Resources. Upon receipt, each application and resume will be marked with the date it was received and placed in an applicant’s file for two (2) years. (2) Job applications shall be signed by the job applicant and the truth of all information contained therein shall be certified by the job applicant’s signature. The job applicant shall provide a copy of required certified educational transcripts either with the application or upon hire.
E. General Aptitude Test Battery (GATB). When necessary, job applicants may be required to take the GATB. If administration of the GATB is deemed necessary, it may be administered by the Department of Workforce Services.
F. Other Tests. Job Applicants may be screened or may be required to take other tests which Herriman deems necessary for a specific position. Job applicants for certain positions may require skills for which a known level of competence must exist such as mathematics or timed typing tests. When Herriman uses other ability tests, Herriman shall make reasonable accommodations for disabled applicants.
G. Job Applicant Disqualification. An application may be rejected for, but not limited to, the following reasons. When the Job Applicant: (1) Does not meet minimum qualifications established for the position. (2) Is physically or mentally unable to perform the essential duties and responsibilities of the position with, or without, reasonable accommodation(s) (determined only after a conditional offer of employment, pending the results of a medical examination, has been extended to a job applicant). (3) Has falsified a material fact or failed to complete the application. (4) Has failed to timely file the application. (5) Has an unsatisfactory employment history or poor work references. (6) Has failed to attain a passing score, if an examination is required.
H. Interviewing. (1) Herriman will select applicants to interview from those who have passed the preliminary screening tests and job applications. Job-related duties and qualifications will provide the basis for initial screening of job applicants. During the interview, all job applicants should be advised that any and all of the information provided will be verified. (2) Individuals conducting job interviews who are personally acquainted with the job applicant should not participate in the interview. Individuals conducting job interviews shall only ask questions that pertain to the job position. The Pre-Employment Inquiry Guide should be reviewed by the interviewer before the interview begins. In addition, during the interview each interviewer completes an Interview Guide which is consistent with Herriman’s Equal Employment Opportunity policy.
I. Reference Checks. In order to facilitate references checks, written permission shall be obtained from the applicant using the Applicant’s Consent to Release Information Form. Herriman may contact the references for each job applicant and ask job-related questions, which include similar questions for each job applicant checked, using Herriman’s Telephone and Written Reference Check Questionnaires.
A. Job Offers. After a job applicant has been selected, Human Resources shall notify the successful job applicant of their conditional selection through a written Job Offer Letter. The written conditional Job Offer Letter shall clearly state the job description, salary conditions, any provisional conditions of employment (i.e., successfully passing drug/alcohol tests, background checks, driving record checks, and physical examinations), full time, part time, temporary, summer employee, and term of probation. Additionally, the written conditional Job Offer Letter shall clearly state that the offer is not accepted until the candidate signs the written conditional Job Offer Letter and returns it to Herriman by the requested date. The original Job Offer Letter is then filed in the employee’s file and a copy is given to the new employee during orientation. Written conditional Job Offer Letters should also include the following: (1) A clear statement of the job description. (2) The employee’s starting salary. Starting salary offers for exempt positions shall be figured for a specified period, such as a two (2) week period. Starting wage offers for nonexempt positions shall be figured at an hourly wage. (3) The employee’s job title. (4) The employee’s supervisor. (5) Any relocation commitments, if applicable. (6) Herriman’s at-will employment policy. (7) The employee’s starting date. (8) The length of the employee’s probationary period. (9) Notice that employment is contingent upon passing a background examination, drug tests, medical/physical examinations, etc. (10) Full-time, part-time, temporary, summer employee, and term of probation.
B. Job Rejection Letters. Within five (5) working days after the job offer has been accepted, nonselected job applicants may be notified. Human Resources may send a Job Rejection Letter to each job applicant who was not selected for a job opening.
C. Medical Examinations. Once Herriman has extended a conditional job offer to the job applicant, a medical interview or examination may be conducted by a health professional chosen by Herriman to determine a job applicant’s ability to fulfill essential job-related requirements. Only Human Resources may authorize such interviews or physical examinations. All costs for required medical interviews or physical examinations will be borne by Herriman. The prospective employee must sign a written release of this information to Herriman.
D. Reinstatements. Employees who are reinstated into Herriman may maintain their original anniversary date for seniority purposes as well as for those benefit programs governed by the anniversary date. The policy will be as follows: (1) Layoffs. Employees who terminate because of reduction in work force will maintain their original anniversary date for seniority purposes if they are reemployed by Herriman within one (1) year after date of termination. (2) Voluntary resignations. Employees who voluntarily terminate their employment with Herriman may maintain their original anniversary date, subject to City Manager approval, if they are reemployed by Herriman within six months after date of termination.
E. Hiring New Employees. (1) Required for All Employees: Human Resources is responsible for having new employees fill out all preemployment forms, benefit applications, enrollment forms and providing basic information on Herriman’s policies concerning pay, vacation, holidays, and PTO, benefits, parking, and work hours during the employee’s first day of work. (2) Additional Requirement: If applicable, Human Resources is responsible for obtaining an Employment Agreement.
F. Orientation. Newly hired Herriman employees shall complete all required paperwork and receive an orientation on their first (1st) day of work, or as soon as practicable thereafter. (1) In accordance with the Immigration Reform and Control Act of 1986, all new employees shall provide proof of identity and employment status by completing an Employment Eligibility Verification Form (I-9). The employee must sign under penalty of perjury that they are a U.S. citizen, a lawful permanent resident alien, or an alien otherwise authorized for U.S. employment. (2) All new employees shall complete and sign a Form W-4 Federal Withholding Statement. (3) All new employees should be given a tour of the work place. The employee should complete and submit to Human Resources a New Employee Orientation Form.
G. Probationary Period.
(1) All new employees shall be subject to a twelve (12) month probationary period. During this period, probationary employees may be terminated with or without notice for any or no reason without any right to due process, notice, explanation, or appeal in connection with said termination. (2) Probationary periods begin on the first day of employment and continue for twelve (12) months. Management will provide guidance to probationary employees so they understand work requirements. (3) An employee on probation shall have a performance evaluation at the end of the probationary period. This performance evaluation may be used to provide information to both the employee and management regarding the employee’s performance. A performance evaluation and the results of such evaluation shall not obligate management to a particular course of action relative to the probationary employee nor shall it create any property/due process rights for the probationary employee relative to their job/position.
A. The City has established volunteer programs.
B. Prior to accepting any volunteer services, the volunteer shall sign a Volunteer Application defining the nature and terms of the volunteer services and be placed on the volunteer list that is maintained by Human Resources.
C. A volunteer shall be provided the protections as an employee of Herriman for: (1) Workers compensation benefits for compensable injuries sustained by the volunteer while acting in the scope of employment. (2) Volunteers shall not operate Herriman owned vehicles or equipment, unless authorized in writing by the manager of fleet. (3) Liability insurance coverage provided for employees.
D. Volunteer service experience will be recognized for determining minimum qualifications for an employment position with Herriman.
E. City employees shall not volunteer with respect to official, City-sponsored events or functions, such as Fort Herriman Days.
F. A City employee may volunteer to perform other types of services for the City or the City’s benefit if such services are not the same type of service which the employee is employed to perform for the City. For purposes of this subsection, the phrase “same type of service” means similar or identical services determined by the City Manager. The decision of the City Manager may not be appealed.
1. GENERAL POLICY. The purpose of this policy is to implement the Federal Drug Free Workplace Act of 1988 by providing for a safe and productive work environment that is free from impaired performance caused by employee use or abuse of alcohol, controlled substances, and/or medication.
2. EMPLOYEE RESPONSIBILITIES.
A. No employee shall unlawfully manufacture, dispense, possess, use, or distribute any controlled substance, medication, or alcohol.
B. Any employee convicted under a federal or state statute regulating controlled substances shall notify the employee’s supervisor and Human Resources within five days after the conviction.
C. No employee shall consume alcoholic beverages immediately before work, during work hours, or while at work during breaks or lunches.
D. No employee shall be impaired by alcohol, illegal drugs, or medication during work hours or while on call.
E. No employee shall represent Herriman in an official capacity while impaired by alcohol, illegal drugs, or medication.
F. No employee using medication that may impair performance shall operate a motor vehicle or engage in safety-sensitive functions while on duty for Herriman.
G. If an employee is using prescription or nonprescription medication that may impair performance of duties, the employee shall report that fact to the employee’s supervisor.
H. An employee who has reason to believe that the performance of another employee is impaired by alcohol, illegal drugs, and/or medication shall immediately notify a supervisor.
3. REASONABLE SUSPICION TESTING.
A. When a designated and trained supervisor makes a determination that there is reasonable suspicion to believe that an employee is using, is under the influence of, or is in possession of alcohol or controlled substances, the employee shall be subject to drug/alcohol testing. (1) The supervisor making the determination that reasonable suspicion exists shall submit written documentation setting forth the specific, contemporaneous articulable observations concerning the appearance, behavior, speech or body odors of the driver which resulted in the reasonable suspicion determination. Reasonable suspicion of use of a controlled substance may also be based on observation of indications of the chronic and withdrawal effects of controlled substances. (a) The required observations underlying reasonable suspicion testing must be made by a supervisor or Herriman official who has received at least two (2) hours of annual training on the physical, behavioral, speech, and performance indicators of alcohol and drug use. (b) Observations underlying the reasonable suspicion testing must be documented in writing and signed by the supervisor or Herriman designated official within twenty-four (24) hours or before the results of the test are announced, whichever is later. (2) Reasonable suspicion testing may not be conducted by the same supervisor who makes the reasonable suspicion determination.
B. Special requirements associated with reasonable suspicion alcohol testing. (1) Alcohol testing is authorized only if the observations set forth above are made during, just proceeding, or just after the performance of employee’s duties. (2) If an alcohol test is not administered within two (2) hours following the identification of reasonable suspicion, the supervisor shall prepare and maintain documentation stating why the test was not administered within two (2) hours. (3) If an alcohol test is not administered within eight (8) hours following the identification of reasonable suspicion, the supervisor shall cease attempts to administer an alcohol test and shall prepare and maintain documentation stating why the test was not administered within eight (8) hours.
C. Special requirements associated with reasonable suspicion drug testing. If a drug test is not administered within thirty-two (32) hours following the identification of reasonable suspicion, the supervisor shall cease attempts to administer a controlled substance test, and shall prepare and maintain documentation stating why the test was not administered within thirty-two (32) hours.
D. Upon required testing due to reasonable suspicion, the employee tested shall not engage in the operation of any employment-related duties which the employee’s supervisor deems dangerous to themselves or others until the results of the tests are received and the employee is released back to work by Human Resources. Because of the serious nature of illegal use or abuse of alcohol, controlled substances, and/or medication, appropriate employee disciplinary action will be taken.
4. DISCIPLINARY ACTION. Because of the serious nature of illegal use or abuse of alcohol, controlled substances, and/or medication, appropriate employee disciplinary action will be taken.
5. SCOPE. This policy covers all employees of and applicants for employment.
1. GENERAL STATEMENT.
A. It is the policy of Herriman that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance and/or the distribution, dispensation, possession, or use of alcohol in the workplace is expressly prohibited. (1) In order to achieve a drug-free work place, employees in, and applicants for, safety-sensitive positions shall be required to participate in all of the following alcohol and controlled substances testing: (a) When an applicant has been extended a conditional offer of employment but before beginning work. (b) When there is a reasonable suspicion to believe that the employee is in an impaired state. (c) When the employee has been involved in an “on-duty accident” or unsafe work practice. (d) On a random basis. (2) Applicants for all other positions shall, as a condition of employment, be required to participate in alcohol and controlled substances testing after the applicant has been extended a conditional offer of employment but before beginning work.
B. Scope. This policy covers all employees of and applicants to Herriman.
C. Definitions. (1) Alcohol. Alcohol is defined as the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols in methyl and isopropyl alcohol no matter how packaged or in what form the alcohol is stored, utilized or found. (2) Controlled Substances. Controlled substances are defined as marijuana (THC), cocaine, phencyclidine (PCP), opiates, and amphetamines (including methamphetamine) or other substances which may only be legally obtained and used pursuant to a physician’s prescription. (3) On-duty Accident. Any accident involving damage to equipment or facilities that is estimated by a supervisor to be more than $1,000, medical attention, loss of life, or the issuance of a moving traffic citation to the employee. (4) Positive Test. Any test result showing a blood alcohol content (BAC) of 0.04 or greater or the presence of any controlled substance in the test subject. (5) Refusal to Submit to Testing. Failure to provide an adequate breath or urine sample without a valid and verified medical explanation, after the employee has received notice that they are being tested and a breath or urine sample is required, or engages in conduct that clearly obstructs the testing process. (6) Reasonable Suspicion. Knowledge sufficient to induce an ordinarily prudent and cautious man under the circumstances to believe that a prohibited activity is occurring. (7) Safety-sensitive Duties. Any duties requiring a Commercial Drivers License (CDL), and any other duties or positions deemed safety sensitive. Positions deemed safety sensitive by Herriman include employees performing duties in the water department, streets department, and street light department.
A. Testing Notice. (1) Before performing any alcohol or drug test authorized by this policy Herriman, through its designated representative shall notify the employee being tested, verbally or in writing, whether the test being administered is required by the Omnibus Transportation Employees Testing Act of 1991, or whether it is required by this policy. (2) Herriman employees who, under Herriman requirements, hold CDLs are required under rules established by the Federal Highway Administration to be subjected to preemployment, reasonable suspicion, random, postaccident, return-to-duty, and follow-up drug and alcohol testing. (a) When conducting any of the above noted tests on CDL employees, Herriman shall provide the employee with the following notice:  The drug and/or alcohol test you are being required to take is required under rules established by the Federal Highway Administration pursuant to the Omnibus Transportation Employees Testing Act of 1991.  If you refuse to submit to the required testing you may be subject to disciplinary action, up to and including termination. (3) Herriman employees who are not required by Herriman to hold a CDL, but who are employed in safety-sensitive positions, while not subject to testing under federal statute, are subject to preemployment, reasonable suspicion, random, annual, postaccident, return-to-duty, and follow-up drug and alcohol testing under this policy. (a) When conducting any of the above noted tests on Non-CDL safety- sensitive employees, Herriman shall provide the employee with the following notice:  The drug and/or alcohol test you are being required to take is required by the policies and procedures of Herriman.  If you refuse to submit to the required testing you may be subject to disciplinary action.
B. Pre-employment Testing. Herriman requires a final applicant selected for a position with Herriman to undergo an alcohol and drug screen test to detect the presence of alcohol and illegal drugs or controlled substances in the body. Refusal to take such a test shall be grounds for denial of employment. An applicant who tests positive for controlled substances or whose test detects a BAC of .04 or higher will be denied employment with Herriman. (1) Drug and alcohol testing shall be conducted after the selected applicant has been extended a conditional offer of employment but before beginning work. (2) All of Herriman’s job announcements and conditional offers of employment shall contain the following notice: (a) all applicants selected for employment with Herriman shall be required to take a drug and alcohol test with negative results as a precondition of employment. (b) A positive test result or failure to submit to the required testing shall result in a withdrawal of any conditional offer of employment with Herriman. (3) If the final applicant tests positive for drugs or alcohol as set forth above, or refuses to submit to testing as defined by this policy, the conditional offer of employment shall be withdrawn in writing and the applicant shall not be employed by Herriman.
C. Prohibited Conduct. (1) Employees shall not use, be under the influence of (.04 BAC), or be in possession of alcohol while on duty, on Herriman premises or while in Herriman vehicles. Herriman premises includes buildings, parking lots, grounds and vehicles owned by Herriman or personal vehicles being used for Herriman business. (2) Employees shall not use, be under the influence of, be in possession of, or be in such a condition as to test positive for alcohol or controlled substances while on duty, on Herriman premises or while in Herriman vehicles. Herriman premises includes buildings, parking lots, grounds and vehicles owned by Herriman or personal vehicles being used for Herriman business. (3) Employees using, possessing, distributing, dispersing, or being at the workplace under the influence of alcohol or illegal or illegally obtained/used controlled substances shall be subject to questioning and disciplinary action. (4) Any employee violating this policy may be subject to immediate termination.
D. Reasonable Suspicion Testing. (1) When a designated and trained supervisor makes a determination that there is reasonable suspicion to believe that an employee performing or assigned to safety-sensitive positions is using, is under the influence of, or is in possession of alcohol or controlled substances, the employee shall be subject to drug/alcohol testing. (a) The supervisor making the determination that reasonable suspicion exists shall submit written documentation setting forth the specific, contemporaneous articulable observations concerning the appearance, behavior, speech or body odors of the driver which resulted in the reasonable suspicion determination. Reasonable suspicion of use of a controlled substance may also be based on observation of indications of the chronic and withdrawal effects of controlled substances.  The required observations underlying reasonable suspicion testing must be made by a supervisor or Herriman official who has received at least two (2) hours of annual training on the physical, behavioral, speech, and performance indicators of alcohol and drug use.  Observations underlying the reasonable suspicion testing must be documented in writing and signed by the supervisor or Herriman designated official within twenty four (24) hours or before the results of the test are announced, whichever is later. (b) Reasonable suspicion testing may not be conducted by the same supervisor who makes the reasonable suspicion determination. (2) Special requirements associated with reasonable suspicion alcohol testing. (a) Alcohol testing is authorized only if the observations set forth above are made during, just proceeding, or just after the performance of safety-sensitive functions. (b) If an alcohol test is not administered within two (2) hours following the identification of reasonable suspicion, the supervisor shall prepare and maintain documentation stating why the test was not administered within two (2) hours. (c) If an alcohol test is not administered within eight (8) hours following the identification of reasonable suspicion, the supervisor shall cease attempts to administer an alcohol test and shall prepare and maintain documentation stating why the test was not administered within eight (8) hours. (3) Special requirements associated with reasonable suspicion drug testing. If a drug test is not administered within thirty two (32) hours following the identification of reasonable suspicion, the supervisor shall cease attempts to administer a controlled substance test, and shall prepare and maintain documentation stating why the test was not administered within thirty two (32) hours. (4) Upon required testing due to reasonable suspicion, the employee tested shall not engage in the operation of any Herriman equipment or engage in any employment related duties which the employee’s supervisor deems dangerous to themselves or others until the results of the tests are received and the employee is released back to work by Human Resources.
E. Random Testing. (1) Employees assigned to, or performing, safety-sensitive duties are subject to random drug/alcohol tests. (2) Random tests shall be both of the following: (a) Unannounced. (b) Reasonably spread throughout the year. (3) Each employee within a testing pool must have an equal chance of being tested each time a random test is conducted. (4) Random Testing for CDL Drivers. (a) CDL drivers may be subjected to random alcohol testing only while performing safety-sensitive functions, just before the driver is to perform safety-sensitive functions, or just after the driver has ceased performing safety-sensitive functions. (b) Drug tests may be performed at any time the driver is on duty. (5) Random Testing for Non-CDL Safety-sensitive Employees. Non-CDL safety-sensitive employees may be subjected to random alcohol and drug tests any time the employee is on duty. (6) Pool Testing – Consortiums. (a) Herriman may join a consortium with testing pools large enough so that Herriman’s CDL drivers or employees in Safety-sensitive positions are always subject to random testing and the required annual testing rate shall be met by tests conducted of all drivers within the pool. (b) If and when Herriman chooses to join a drug/alcohol testing consortium, Human Resources shall designate a liaison to coordinate with the testing consortium and obtain and maintain all of the following records and information:  How the random selection pool was assembled.  The method of selection and notification of drivers.  The location of collection sites.  Methods of reporting the test results on each driver.  Summary reports on the consortiums program showing that the consortium tested at the prescribed minimum annual rates for alcohol and/or controlled substances.
F. Postaccident Testing. (1) Any surviving CDL driver, surviving employee in a safety-sensitive position, or any other employee involved in an accident resulting in damage to equipment or facilities that is estimated by a supervisor to be more than $1,000, medical attention, loss of life, or issuance of a moving traffic citation to the employee, shall be tested as soon as practical for alcohol and controlled drugs. (a) An employee who is subject to postaccident testing shall remain readily available for such testing or shall be deemed to have refused to submit to testing. (b) The results of tests conducted by Federal, State, or Local law enforcement officers having independent authority to conduct tests to detect alcohol or controlled substances may be used by the employer to meet postaccident testing requirements. (c) Time frames for testing and consequences of failure to test:  Alcohol. [a] If the test is not administered within two (2) hours following the accident, the supervisor shall prepare and submit documentation stating why the test was not administered within two (2) hours. [b] If the test is not administered within eight (8) hours following the accident, the supervisor shall cease attempts to administer an alcohol test and shall prepare and submit documentation stating why the test was not administered within eight (8) hours.  Controlled Substances. If the test is not administered within thirty-two (32) hours following the accident, the supervisor shall cease attempts to administer a controlled substance test, and shall prepare and submit documentation stating why the test was not administered within thirty-two (32) hours. (2) Upon required testing due to an accident or reasonable cause, the employee tested shall not engage in the operation of any Herriman equipment or engage in any employment related duties, which the employee’s supervisor deems dangerous to himself or others until the results of the tests are received and the employee is released back to work by Human Resources.
G. Consequences of Positive Drug/Alcohol Test. (1) Alcohol. If any alcohol test result shows a blood alcohol content of 0.04 or greater, Herriman shall take personnel action against such employee, consistent with the requirements of the Rehabilitation Act of 1973, as amended. (2) Drug/Controlled Substances. If a drug test result shows that the employee has misused a controlled substance, Herriman shall take personnel action against such employee, consistent with the requirements of the Rehabilitation Act of 1973, as amended.
H. General. (1) Herriman maintains the right to conduct unannounced inspections of Herriman owned property, work stations, equipment, desks, cabinets, etc. (2) Herriman maintains the right to utilize detection methods necessary for the enforcement of this policy including blood, urine, or other tests, and the use of electronic detection equipment and trained animals. (3) Failure to cooperate with these detection methods or inspections is grounds for disciplinary action. (4) Employees may direct any questions regarding this policy to Human Resources.
1. GENERAL POLICY. It is the policy of Herriman that:
A. The giving or withholding of tangible job benefits based on the granting of sexual favors (Quid Pro Quo) and any behavior or conduct of a sexual/gender based nature which is demeaning, ridiculing or derisive and results in a hostile abusive or unwelcome work environment constitutes sexual harassment.
B. Unlawful discrimination/harassment of employees of any type, on or off duty, based on sex/gender, subtle or otherwise, shall not be tolerated and violators will be subject to disciplinary action.
C. Retaliation or reprisals are prohibited against any employee who opposes a forbidden practice, has filed a charge, testified, assisted or participated in any manner in an investigative proceeding or hearing under this policy.
D. False or bad faith claims regarding sexual or gender harassment shall result in disciplinary action against the accuser.
E. Employees accused of sexual harassment and facing disciplinary action shall be entitled to receive notice of charges, the evidence to be used against them, and an opportunity to respond before any disciplinary action may be taken.
F. Records and proceedings of sexual harassment claims, investigations, or resolutions are confidential and shall be maintained separate and apart from the employee’s personnel file.
G. All employees, supervisors, and management personnel shall receive training on the sexual/gender harassment policy and grievance procedures during orientation and in-service training.
2. PROHIBITED CONDUCT.
A. Any deliberate, unwanted, or unwelcome behavior of a sex/gender based nature, whether verbal, nonverbal, or physical is prohibited.
B. Two major categories of sexual/gender harassment are: (1) Quid Pro Quo, or the granting or conditioning of tangible job benefits or the granting of sexual favors. (2) Creating a hostile or unwelcome work environment, which can occur through any or all of the following general means. (a) Level One: Sex role stereotyping.  Assignments made or denied solely on the traditional historic perceptions regarding the types of jobs that specific gender may/should perform.  Comments or written material reinforcing traditional historic perceptions regarding gender. (b) Level Two: Gender harassment/discrimination.  Intentional or unintentional behavior/conduct of a visual or verbal nature directed at a specific gender which is demeaning, ridiculing, or derisive.  Creating an environment that demonstrates a demeaning, ridiculing, or derisive attitude toward a specific gender. (c) Level Three: Targeted or individual harassment.  Intentional behavior predicated on gender or expressing sexuality which is directed at a specific group or individual.  Offensive conduct may be verbal, visual, or physical, including unwanted touching of a noncriminal nature. (d) Level Four: Criminal touching.  The intentional, unwanted touching of the breasts, buttocks, or genitals of another.  Forcible sexual abuse.
3. TYPES OF CORRECTIVE ACTION. Any employee who is being sexually harassed or who has personal knowledge of clearly offensive conduct may address the issue either through the formal or informal processes described below:
A. Informal Action. (1) Employees who are experiencing an unwelcome or hostile work environment at Level One, Level Two, or Level Three as described above may, if they so desire, choose to address that unwelcome behavior/conduct informally by notifying the individual responsible for the behavior of the behavior that is objectionable, that the conduct/behavior is unwelcome, and that future similar behavior will result in a formal complaint. Employees experiencing sexual harassment at this level are not required to use the informal process and may file a formal complaint if they so desire. (2) This notification may be: (a) Verbally, in person. (b) In writing, signed or unsigned. (c) Through a supervisor, verbally, or in writing. The victim may:  Ask the employee’s supervisor for assistance in determining what to say and how to approach the offending employee.  Request the employee’s supervisor to accompany the victim when the victim gives the offending employee notice.  Ask the employee’s supervisor to give notice to the offending employee, accompanied by the victim.  Ask the employee’s supervisor alone to provide notice to the offending employee.
B. Formal Action. (1) Employees who are experiencing an unwelcome or hostile work environment which is clearly offensive or at Level Four as described above, or who have been subjected to quid pro quo type sexual harassment, should address that unwelcome behavior/conduct through the formal remedial process. (2) Formal complaints should be in writing and specify: (a) The identity of the victim. (b) The identity of the offending employee. (c) The offensive behavior that the employee engaged in. (d) The frequency of the offensive behavior. (e) Damage the victim suffered as a result of the offensive behavior. (f) How the victim would like the matter settled, or what the victim would like to see happen. (3) The victim will be allowed a reasonable amount of time during work to prepare a formal complaint. (4) The victim should submit formal written complaints to their immediate supervisor. If the immediate supervisor is the employee engaging in the offensive behavior, the formal complaint should be submitted to the next highest supervisor, City Manager, or Human Resources.
4. DISCIPLINARY ACTION. Employees found guilty of sexual harassment may face disciplinary action based on all the circumstances of the case, as well as the offending employee’s work history.
5. MAINTAINING COMPLAINT FILES.
A. Information related to any sexual harassment complaint, proceeding, or resolution shall be maintained in a separate and confidential sexual harassment complaint file. This information shall not be placed or maintained in an employee’s personnel file.
B. Information contained in the sexual harassment complaint files shall be released only to other agencies or individuals who have a legal and legitimate reason to the files pursuant to a court order, GRAMA, or upon the advice of the City Attorney and upon written notice to the victim.
C. Participants in any sexual/gender harassment proceeding/investigation shall treat all information related to that proceeding/investigation as confidential.
6. VICTIM PROTECTION.
A. Individual complaints, either verbal or written, are confidential.
B. Victims of alleged sexual harassment shall not be required to confront the accused outside of a formal proceeding.
C. The accused shall not contact the victim regarding the alleged harassment.
D. Retaliation or reprisals are prohibited against any employee who opposed a practice forbidden under this policy, or who has filed a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing. (1) Any employee engaging in prohibited retaliatory activities shall be subject to disciplinary action up to, and including, termination. (2) Retaliation is an additional and separate disciplinary offense. (3) Retaliation may consist of, but is not limited to, any of the following: (a) Open hostility. (b) Exclusion or ostracism. (c) Special or more closely monitored attention to work performance. (d) Assignment to demeaning duties not otherwise performed during the regular course of the employee’s duties.
1. GENERAL POLICY. Herriman recognizes the benefits to the community when employees are able to use Herriman owned property for incidental personal use in addition to the primary use of fulfilling the employee’s duties. To enable employees to use Herriman owned property that has been issued to them in a manner that best serves the public, employees are authorized to use or possess any Herriman owned property issued to them for any incidental personal use, so long as the property is used in a lawful manner.
This policy deems that any public property issued to an employee is properly in that employee’s possession and that the employee’s use or possession of said property is to fulfill their duties as a public servant. This policy concludes that incidental or personal use or possession of public property by the employee is authorized by this policy. This policy is enacted to satisfy the requirements of a written policy to eliminate criminal exposure for an employee’s use of Herriman owned property under Utah Code Ann. § 76-8-402.
2. PROFESSIONALISM. Herriman is a professional organization whose purpose, among others, is to provide professional services to its residents. Its employees must adhere to high standards of public service that emphasize professionalism and courtesy. Employees are required to carry out efficiently the work items assigned at their responsibility, to maintain good moral conduct, and to do their part in maintaining good relationships with their supervisors and fellow employees, the public, and other member employees and officials. Employees shall comply with the Utah Employee Ethics Act.
3. PRIVILEGED INFORMATION. Herriman employees involved with information of significant public interest may not use this privileged information for personal gain, nor to benefit friends or acquaintances. If an employee has an outside interest which could be affected by any Herriman plan or activity, this situation must be reported to the City Manager immediately. Each employee is charged with the responsibility of ensuring only information that should be made available to the general public is released as defined in the Government Records Access and Management Act.
4. CONFIDENTIALITY. Fellow employees have an unquestionable right to expect all personal information about themselves, their illness, their family, and financial circumstances to be kept confidential. Every employee has an obligation to protect this confidence. Never discuss privileged information with others who are not authorized to receive it, either inside or outside the office.
5. GIFTS AND GRATUITIES. Herriman employees are prohibited from soliciting or accepting any gift, gratuity, favor, entertainment, loan, or item of monetary value from any person seeking to obtain business with Herriman, or from any person within or outside Herriman employment whose interests may be affected by the employees’ performance or nonperformance of official duties. Herriman employees will not accept gifts or gratuities except under circumstances allowed by the Utah Employee Ethics Act Utah Code Ann. § 67-16-1, et seq.
6. ATTENDANCE. Regular attendance and punctuality are essential to providing high quality work, service to customers, and to avoid extra work for fellow employees. Therefore, when the employee is going to be late or will not be able to report to work, the employee must notify the employee’s supervisor prior to the scheduled work time. If the employee is ill or has an emergency, they should notify the employee’s supervisor as soon as possible on each day of absence.
7. APPEARANCE. We expect our staff to dress professionally and present a professional demeanor in accordance of their duties for the day. Professional dress is based on the job duties/assignments for the day and the level of interactions with residents and business partners. As a guideline the City leans towards a conservative nature, we trust our employees to dress in the best way to best represent the City and build the confidence of our residents. Managers shall make determinations and department specific guidelines if employees are meeting appearance expectations and provide appropriate correction; any inconsistencies between departments will be reviewed by Human Resources, the department Director, the City Attorney, and/or the City Manager as needed.
8. SMOKING. In compliance with the Utah Indoor Clean Air Act and Herriman ordinance, smoking is not permitted in Herriman buildings, parks, cemetery, or facilities. Herriman also prohibits smoking in Herriman owned vehicles or equipment.
9. INFORMATION TECHNOLOGY SECURITY POLICY
A. Information Technology Resource(s) (IT Resource(s) means computers, hardware, software, data, storage media, electronic communications (including, but not limited to, e-mail, fax, phones, phone systems, and voice mail), networks, operational procedures and processes used in the collection, processing, storage, sharing, or distribution of information within, or with any access beyond ordinary public access to, the City’s shared computing and network infrastructure.
B. City Business Use of ITS Resources. (1) ITS Resources are property of the City, not employees. As such, employees should have no expectation of privacy or expectation that information or data on the ITS Resources is private. The City reserves the right to access and monitor the ITS Resources as it determines appropriate. ITS Resources are provided for City business purposes only. No ITS Resource may become the private property of any system user. The City owns all legal rights to control, transfer, or use all or any part or product of ITS Resources. Passwords are the property of the City and should not be shared except as appropriate. Users shall comply with public records retention laws and rules and policies. (2) City management is responsible for granting employees access to ITS Resources, which is limited to that which is required to do their work. City management may limit access to ITS Resources at any time and for any reason.
C. Acceptable Use of Resources. (1) ITS Resources shall not be used to intentionally view, download, store, transmit, or retrieve any information, communication, or material which is harassing or threatening; is obscene, pornographic or sexually explicit; is defamatory; makes discriminatory reference to sex, race, color, age, sexual orientation, religious, or political beliefs, national origin, marital status, or disability; is untrue or fraudulent; is illegal or promotes illegal activities; is intended for personal profit; condones or fosters hate, bigotry, discrimination, or prejudice; facilitates Internet gaming, gambling, bidding, or selling; or involves offensive content. (2) ITS Resources use shall be in compliance with copyrights, licenses, contracts, intellectual property rights and laws associated with data, software programs, and other materials made available through those systems. Data and records maintained in these ITS Resources shall comply with relevant federal and state access and privacy laws. (3) Users shall respect the confidentiality, and ITS Resources shall not be used to: (i) access third-party systems without prior authorization by the system owners; (ii) obtain or use other users’ login names or passwords without their consent; (iii) attempt to defeat or breach computer or network security measures; (iv) intercept, access, monitor or peruse electronic files, information or communications without specific City business need to do so, and prior written approval from City Information Services. (4) Users shall not knowingly destroy, misrepresent, or otherwise change the data or records stored in ITS Resources with the intent to conceal violations of laws, ordinances or policies. (5) Operation or use of ITS Resources shall be conducted in a manner that will not impair the availability, reliability or performance of City business processes and systems, or unduly contribute to system or network congestion. (6) All users shall be properly authorized and authenticated to use ITS Resources.
D. Personal Possession or Use of ITS Resources.
Employees are authorized to possess ITS Resources provided it is not for the purpose to deprive as defined in Utah Code Ann. § 76-6-404. Employees are authorized to use ITS Resources for incidental personal use. Incidental personal use of ITS Resources includes personal use provided the use does not interfere with the employee’s job performance, the use does not substantially diminish the value of the ITS Resources, the use is for training or skill development, the use does not incur substantial cost to the City, or the use if implicitly authorized by an adopted budget so long as the property is used in a lawful manner. Provided however employees are not authorized to use ITS Resources for unauthorized secondary employment purposes or private financial gain (other than that as an employee) that involves the exchange of goods, services, or money such as conducting an outside business. by way of illustration and not limitation incidental means checking on the status of a delivery, reading news articles, accessing bank accounts, accessing school district records, checking/responding to person e-mails, or checking/viewing social media.
E. Specific Limitations on Personal Use. (1) ITS Resources shall not be directly connected to the Internet unless that connection is approved and provisioned by City Information Services. (2) Personal, third-party, or ITS Resources shall not be connected to the City network unless that connection is approved and provisioned by City Information Services. (3) Guest networks are provided at several City locations. Guest networks are provided for the convenience of the public and are to be considered “as-is” with no warranty of safety. ITS Resources shall not be connected to any City provisioned Guest network or other network provided strictly for the convenience of the public. (4) Electronic communication services, including e-mail messages, voice-mail messages, fax messages, or other electronic communications, which attempt to hide the identity of the user or represent the user as someone else is prohibited. Confidential information transmitted externally shall be appropriately protected. Users of ITS Resources are responsible for ensuring compliance with City policy regarding the protection of government records. Employees who terminate or are terminated have no right to their electronic communications and are not allowed to access any City electronic communication services. Employees who terminate are required to provide their supervisor with passwords or any other access information they may have to any electronic communication systems. (5) Audio, video, and software files, which are personally owned and are for personal use, shall not be downloaded to, transferred to or installed on any ITS Resource. IT Resources, which are personally owned and are for personal use, shall not be connected or attached to any ITS Resources. Subject to the limitations of E (1), City Information Services may allow users to play, but not download, transfer or install, personal electronic audio or video media using ITS Resources provided City Information Services determines that it does not interfere with their or others’ work, and provided that doing so does not access the City network. (6) Any action that would result in copyright violation is prohibited. This includes but is not limited to copying of software applications, music files, videos, documents, files, and other copyrighted materials. (7) Use of remote access systems that provide access to ITS Resources is allowed for City business use only. All remote access to ITS Resources must make use of City Information Service’s approved and provisioned remote access systems. (8) Personal hardware or software may not be used to encrypt information on an ITS Resources. (9) ITS Resources shall not be used for personal solicitation, including solicitation for or against commercial ventures, products, religious, or political causes. (10) The use of IM (Instant Messaging) systems or IRC (Internet Relay Chat) services for personal use is prohibited. (11) Any use of “Proxy Avoidance” or “Anonymizer” or “Anonymizing” services is prohibited. (12) Any use of Internet phone systems is prohibited. (13) Any use of P-to-P (Peer-to-Peer) file sharing networks is prohibited.
F. Monitoring, Control, and Compliance (1) The City has the right, at its discretion, to monitor ITS Resources to ensure they are being used appropriately and are functioning properly. The City may monitor a user’s individual use of ITS Resources for any reason without notifying the user in advance. City Information Services is responsible for monitoring the use of ITS Resources, with the assistance of City Information Services. City Information Services will employ monitoring systems and processes to create usage reports. The resulting reports will be available for review by City management and City Information Services. In the event City Information Services suspects unacceptable activity, they shall contact Human Resources and City management. Investigations into unacceptable activity shall be conducted by City Information Services and Human Resources, working together as a partnership, and not by any one of these individually.
G. Exceptions. (1) In limited situations employees may be required, as part of their assigned duties and responsibilities, to access the restricted information, referenced above, for legitimate City business purposes. In such cases, City Information Services shall require and maintain written employee affirmation and City Information Services approval of the exception, after which City Information Services will implement the technical requirements. (2) Those employees responsible for monitoring ITS Resources or that are engaged in data investigations are permitted to do so as part of their assigned duties and responsibilities. (3) City Information Services may also allow the personally owned items identified in E (5) above to be downloaded, transferred, installed, or connected to ITS Resources if prior to such action, City Information Services approves this exception in writing and City Information Services determines in writing that such action does not pose an undue risk to ITS Resources.
H. Enforcement. Anyone found to have knowingly violated this policy shall be subject to disciplinary action, including, but not limited to, temporary loss of network connectivity, loss of Internet access, complete and permanent termination of access to any City network, or up to and including termination.
A. Office Telephones. Employees are authorized to use office telephones for incidental personal use. Incidental personal use includes use office telephones for incidental, personal use provided the use does not interfere with the employee’s job performance, the use does not substantially diminish the value of the office telephone, the use if for training or skill development, the use does not incur cost to the City unless the employee pays such additional cost such as long distance charges, or the use is implicitly authorized by an adopted budget so long as the property is used in a lawful manner. Provided however employees are not authorized to use office telephones for unauthorized secondary employment purposes or private financial gain (other than that as an employee) that involves the exchange of goods, services, or money such as conducting an outside business. By way of illustration and not limitation incidental means checking on the status of a family member or making or confirming medical appointments.
B. Cellular Phones. Employees are authorized to possess City cell phones provided it is not for the purpose to deprive as defined in Utah Code Ann. § 76-6-404. Except as provided below, employees are authorized to use City cell phones for incidental personal use. Incidental personal use includes use of City cell phones for incidental personal use provided the use does not interfere with the employee’s job performance, the use does not substantially diminish the value of the City cell phone, the use is for training or skill development, licenses and/or certificates, the use does not incur cost to the City unless the employee pays such additional cost such as long distance charges, or the use is implicitly authorized by an adopted budget so long as the property is used in a lawful manner. Provided however employees are not authorized to use City cell phones for unauthorized secondary employment purposes or private financial gain (other than that as an employee) that involves the exchange of goods, services, or money such as conducting an outside business. By way of illustration and not limitation incidental means checking on the status of a family member, making or confirming medical appointments, checking on the status of a delivery, reading news articles, accessing bank accounts, accessing school district records, checking/responding to personal e-mails, or checking/viewing social media. It is the policy of Herriman to provide a City cell phone to employees for the convenience of Herriman. It is anticipated that the phone will remain with the employee at all hours, that it will be answered, and that the employee will respond within one-half hour of the call. (1) Employees required to be on accessible 24 hours per day, including police department employees will not be responsible for any portion of the approved plan charges. All City cell phones will remain the property of Herriman City. An employee choosing to purpose their own phone are responsible for the cost of the phone. (2) Employees who work in assignments requiring contact after normal work hours will be responsible for 50% of the City approved plan charges and will be required to provide their own phone. The employee will be reimbursed for service on each paycheck or if the employee chooses to be on the City plan they will be charged for service on each paycheck. (3) Employees will be solely responsible for any additional cost over and above the approved plan charges. All employees on the City plan will have the same approved plan. Family members will not be allowed on the City plan. (4) Except for emergency personnel working within the course and scope of their duty, or of an employee using a hands-free listening and talking device that is being used in the manner designed and configured, or in the case of an emergency, an employee may not use a hand-held wireless communication device to communicate verbally or by texting while operating a motor vehicle, whether City owned or any other vehicle, when the employee is working or within the course and scope of employment. For purposes of this part, texting shall mean “the communication in the form of electronic text or one or more electronic images sent by a person from a telephone or a computer to another person’s telephone or computer by addressing the communication to the person’s telephone number.” For purposes of this part, a hand-held wireless communication device shall mean “a hand-held device used for the transfer of information without the use of electrical connectors or wires and includes a wireless telephone or cell phone.” (5) Costs for added features beyond the standard approved plan and monthly charges for which the employee is responsible will be deducted from the employee’s wages. (6) In the event that an employee needs additional accessories (cases or chargers), they should be purchased by the ITS department. (7) The IT Director will specify approved City provided phones, and the specific phone will be reviewed periodically by the IT Director. There will be an option for iPhone or Android. Upgrades will not be approved more often than every two years. In the event that an employee is eligible for an upgraded phone, the ITS department will verify and order the equipment. The City will be responsible for the base cost of the phone required for the employee to perform job duties. (8) Phones damaged while performing work duties will be replaced by the City. No phones will be replaced by the City that are not returned to Information Technology Services to verify damage. Phones damaged on personal time shall be replaced by the employee. (9) All new phones and service reimbursement levels will be approved on the attached form by an employee’s manager, Human Resources Manager, Finance Director, and the City Manager. (10) Deviation from this policy requires approval of the City Manager. (11) Employee should limit personal use of cellular phones while working.
C. Postage Meters. Any employee desiring to use Herriman’s postage meter for items of a personal nature may do so after paying the cost of such postage.
D. Facsimile and Copying Machines. Any employee desiring to use Herriman’s facsimile or copying machines for items of a personal nature may do so after paying for such use at the rate which is in effect at the time of use.
11. PURCHASING. Herriman employees shall comply with Herriman’s procurement policy.
12. PURCHASING CARD USE. Herriman credit cards shall be used for official business only, and shall not be used for the personal convenience of an employee. Herriman City issues a purchasing card for Department Heads and certain authorized department employees and/or City Representatives to use for legitimate business purposes in accordance with the City’s Purchasing Policy. Permissible uses for a City-issued purchasing card include expenses relating to local meetings (including meal expenses), all fees defined in Section XVI of the Herriman City Policies and Procedures, travel, hotel accommodation, and business related purchases in accordance with the City’s purchasing policy. Under no circumstances is the use of a City-issued purchasing card intended to enable the cardholder to circumvent any provision(s) of any existing or future City Purchasing Policy and/or Travel and Business Reimbursement Policy. Purpose of Policy:To ensure that City transactions are carried out as effectively as possible through the use of purchasing cards as appropriate and in accordance with the Overview and Statement of Intent outlined in the preceding paragraph. To guard against any possible abuse of City-issued purchasing cards.
Purchasing cards will be procured by the Finance Department and will be issued in the name of Herriman City (hereafter referred to as “the City”) and the Department Head, authorized employee, or City Representative (hereinafter referred to as “Cardholder”).
The following procedures shall be observed when using a City-issued business purchasing card:
A. Issuance of Card.
(1) Only one purchasing card will be issued per Cardholder.
(2) Purchasing cards will be issued on request of department heads with the approval of the City Manager.
(3) Purchasing cards shall only be used by the cardholder. The Cardholder is responsible for payment or resolution of all charge transactions placed on the purchasing card, with no exceptions.
(4) In the event it becomes necessary to allow an employee who is not a cardholder to use a business purchasing card, the Finance Department may, upon proper authorization by the employee’s Department Head, issue a “floater” purchasing card that may be temporarily used by the employee.
B. Keep the Card in a Secure Location. Cardholders are responsible for the safekeeping of the City purchasing card. In the event that the card has been lost or stolen, or if unauthorized transactions are detected, it is the Cardholder’s responsibility to immediately notify the City Finance Department.
C. Credit Limits. Credit limits, including any increases in credit limits, will be established as appropriate and will be at the discretion of the City Finance Director.
D. Purchasing Card Expenditures in General. The Cardholder agrees that:
(1) Under no circumstance is the use of a City-issued purchasing card intended to enable the cardholder to circumvent the existing City Purchasing Policy and established procedures regarding fixed assets, budgeting, purchasing, or the cardholder’s obligation to submit substantiation of expenditures.
(2) The card will only be used for those activities that are a direct consequence of the Cardholder’s function within the City and that under no circumstance will the card be used for personal reasons; furthermore, the Cardholder agrees to be personally liable for any unauthorized transactions unless the card is lost, stolen or subject to fraud on some part of a third party.
(3) Maximum credit limits established for the card by the Finance Director will not be exceeded.
(4) When using the card to make online internet purchases, the Cardholder shall make every effort to ensure that the purchase is made from a secure website using secure online access, thereby limiting the risk of fraud or theft.
(5) All purchasing card purchases that require shipment will be shipped to the Cardholder’s business address. In no instance shall any shipment resulting from a purchasing card purchase be shipped to the Cardholder’s home address.
(6) Each month the Cardholder will be provided a copy of the statement for purchases made on their business card. The Cardholder will complete a purchasing card log (Attachment 1) with substantiation for each item on the card statement. The substantiation will include the budget code to charge the transaction, purpose of the expenditure, and in the case of meals note who was in attendance. The purchasing card log must be signed by the Cardholder and the Cardholder’s supervisor. Detailed receipts must be attached to the purchase card log for each transaction.
(7) Monthly purchasing card statements will be verified and reviewed for accuracy by the direct supervisor of the Cardholder. If in agreement, the supervisor will sign off on the statement and purchases. To ensure that the card is used for authorized purchases; adequate receipts and/or sufficient documentation to support purchases is provided by the Cardholder; and card use is not in violation of City policies, including the City’s Travel and Purchasing Policies. The Cardholder agrees to allow and to cooperate fully with such audit and to immediately place into operation any recommendations resultant from such audit.
(8) If a verification receipt is lost, the Cardholder will provide a written detailed explanation of the purchase which must be verified by the Cardholder’s supervisor.
E. Purchasing Card Expenditures in Conjunction with City Travel. When utilizing the City purchasing card for travel expenses associated with City business, the Cardholder agrees that:
(1) In all cases involving travel (even if the travel does not involve an overnight stay) a Travel and Training Request Form as depicted in Attachment 2 will be completed by the Cardholder. Use of the business purchase card does not negate the responsibility of the Cardholder to complete a Travel and Training Request Form.
(2) Use of the card for the purchase of alcoholic beverages is strictly prohibited.
(3) Use of the card for purchase of fuel in personal vehicles is strictly prohibited. If a personal vehicle is being used please refer to Section XX: Vehicle Safety in the Policy and Procedures Manual.
(4) In accordance with the City’s Travel and Training Policies, a Travel and Training Request Form must be signed by the Employee, Employee’s Supervisor, Human Resources, Finance Director, and City Manager.
F. Purchasing Card Statements. A monthly purchasing card statement will be provided to the Cardholder by the Finance Department. The Cardholder agrees:
(1) For all purchases, to obtain and retain sufficient supporting documentation (itemized receipts) to validate all expenditures made using the card. A purchasing card authorization receipt that does not include an itemized detail of purchases does not constitute supporting documentation.
(2) To review the purchasing card statement and report any inaccuracies to the Finance Department.
(3) To verify that the goods and/or services listed on the purchasing card statement were in fact received.
(4) For each purchasing card statement, to (a) complete the “Purchasing Card Log” form as depicted as Attachment 1; (b) Attach itemized receipts supporting each expenditure to the purchasing card statement and Monthly Summary of Purchases; (c) for each purchase, note the departmental expense account code to be charged; (d) acknowledge approval of the expenditure; (e) verify that the expenditure has been made for official purposes by signing and dating the statement; and (f) if applicable, obtain approval of Cardholder’s supervisor; the City Managers expenses will be signed by the City Attorney and Director of Finance.
G. Return of the City Purchasing Card. The Cardholder agrees to return the card in the event the Cardholder retires, resigns, or his or her employment with Herriman City is otherwise terminated. Additionally, the Cardholder agrees to return the card in the event it is determined there is no longer a need to retain his or her card or if the card has been cancelled by the bank.
H. Purchasing Card Misuse. Misuse of City Purchasing Cards will result in disciplinary action in accordance with Herriman City’s Policy and Procedures Manual, including and up to termination of employment with Herriman City. Additionally, whenever a breach in this Policy occurs, City Management must assess the nature of the breach and reserves the right to report the misuse to law enforcement for criminal investigation.
I. Purchasing Card Rewards. All rewards that are accrued by use of the City purchasing cards will be for the benefit of the City. An employee using purchasing card rewards for personal benefit will be subject to disciplinary action in accordance with Herriman City’s Policy and Procedures Manual.
13. OUTSIDE ACTIVITIES. Herriman employees shall not use Herriman owned property in support of outside interests and activities when such use would compromise the integrity of Herriman or interfere with the employee’s duties. Specifically, an employee who is involved in an outside activity such as a civic organization, church organization, committee unrelated to Herriman business, public office, or service club, shall:
A. Pursue the outside activity on the employee’s own time.
B. Pursue the outside activity away from Herriman offices.
C. Discourage any phone, mail, or visitor contact related to the outside interest at Herriman offices.
D. Arrange for vacation or compensatory time off in advance to pursue the outside interest during business hours.
E. Except as provided in paragraph 8, not use data processing equipment, postage metering machines, copiers, other Herriman owned equipment or supplies for the outside interest.
14. POLITICAL ACTIVITY.
A. An employee shall not be coerced to support a political activity, whether funds or time are involved.
B. An employee shall not engage in political activity, including, but not limited to, soliciting political support or contributions during work hours, unless on approved leave.
C. An employee shall not use Herriman-owned equipment, IT Resources, supplies, or resources, and other attendant expenses (diskettes, paper, computer, online, and access charges, etc.) when engaged in political activity.
D. An employee shall not use, discriminate in favor of or against, any person or applicant for employment based on political activities.
E. An employee shall not use the employee’s title or position while engaging in political activity.
F. An employee who has filed a declaration of candidacy and/or who is elected to a public office, may be given leave of absence or use vacation or other leave as provided in Utah Code Ann. § 10-3-1108(3) and (4).
15. SECONDARY EMPLOYMENT.
A. Herriman Employment Is Primary. (1) Employment with Herriman shall be the employee’s primary employment. Herriman employees are permitted to engage in secondary or outside employment under the following guidelines. Outside employment must not be of a type that would reasonable give rise to criticism or suspicion of conflicting interests or duties. (2) Employees are required to provide written notification to Human Resources using the Employee’s Notice of Secondary Employment before starting any secondary or outside employment. This notification should include the following information: (a) The employer’s name, business name, and business address. (b) A general overview of the type of business engaged in by the secondary employer. (c) The specific duties engaged in by the employee at their secondary employment.
B. Herriman’s Approval Process. (1) The City Manager shall review the information contained in the Employee’s Notice of Secondary Employment and determine whether the employee’s secondary employment is approved or denied. Factors to consider include, but are not limited to, the following: (a) That the secondary employment reasonably articulates some factor or factors which could negatively impact their employment with Herriman. For example, that the secondary employment could reasonably be expected to be too physically or mentally draining on the employee. (b) That the secondary employment could invoke a conflict of interest with their employment with Herriman. (c) That the secondary employment is immoral or unethical. (2) This decision shall be communicated in writing to the employee, using the same Employee’s Notice of Secondary Employment. The employee: (a) Shall abide by that decision (the decision of the City Manager is final and cannot be appealed). (b) May voluntarily resign their employment with Herriman.
C. Return to Service. All employees must return to work after the approval of the attending physician. A statement from the attending physician stating the employee is able to resume normal duties will be required before returning to work. Failure to return to work when directed may result in disciplinary action. An employee who is able to return to work in light duty status may be required to work in a different department and perform duties not contained within their current job classification.
16. SOCIAL MEDIA POLICY. Social media has changed the way people communicate. It is public perception that employees who participate in social network represent themselves and the City. It is not the City’s intention to restrict an employee’s ability to engage in social networking on his own time. Unless specifically authorized, employees are not authorized to engage in social network while working. Unless specifically authorized, employees are not authorized to speak on behalf of the City. If employees post content concerning the City to their own personal network site and the content is job related or about the City, the employees should make it clear that they are not representing the City and that the contents being posted do not represent the views of the City. Employees are responsible for the content they post. Employees may not post confidential, protected, or private information. The City may use social media (such as reviewing an applicant’s or employee’s post) to evaluate applicants for jobs, promotions, etc. Posting distasteful, immature, or offensive conduct may have an effect on job evaluation and applicants. Social media sites are not the form for venting grievances, discipline matters, or personal complaints about supervisors, coworkers, or the City. Only employees who have received training approved by the City Attorney may monitor City social media sites and remove content.
1. GENERAL POLICY. The City may discipline employees as set forth herein.
A. These administrative procedures have been established for the handling of disciplinary measures when required. In general, discipline will be imposed using progressive discipline; however, the use of progressive discipline is strictly within the discretion of management. Management reserves the right to impose any level of disciplinary action, up to and including termination that is appropriate to the conduct and is consistent with previous discipline imposed by the City.
B. It is the responsibility of all employees to understand and observe rules of conduct necessary for the proper operation and professionalism of the City.
C. It is the responsibility of the manager to communicate to employees when they are not meeting expectations or when their actions or inactions may result in discipline. Managers are ultimately responsible to manage their employees and be responsible for the disciplinary process.
D. Generally, Human Resources will provide assistance and support to managers who have an employee involved in a disciplinary action. Human Resources will evaluate the situation and provide recommendations for the proposed level of disciplinary action to be imposed.
E. The City Manager has final decision making rights to determine the level of discipline imposed.
2. TYPES OF DISCIPLINARY ACTION. The City may impose any level of discipline described below, up to and including termination that is appropriate to the conduct and is consistent with previous discipline imposed by the City.
A. Verbal Coaching. Whenever grounds for disciplinary action exist, a manager may discipline an employee utilizing verbal coaching. Verbal coaching is an informal level of disciplinary action and provides a manager the opportunity to verbally coach and counsel an employee regarding minor matters or violations. The manager is responsible to follow up, provide feedback, and give support to an employee subject to verbal coaching. (1) Managers are responsible to keep personal notes of conversations where verbal coaching was utilized. If further disciplinary action is warranted these notes may be used to show expectations were communicated to the employee. (2) The personal notes and any documentations regarding verbal coaching will usually not be put into an employee’s personnel file.
B. Documented Verbal Warning. Whenever grounds for disciplinary action exist, a manager may discipline an employee utilizing a Documented Verbal Warning. The Documented Verbal Warning is an initial warning for an issue of significance or as a component of progressive discipline of a smaller issue(s) not corrected. (1) Managers are responsible to provide documentation with the issues addressed using this level of discipline. (2) Managers will usually conduct the Documented Verbal Warning meeting and review the issue(s). (3) Human Resources may also attend these meetings as needed. (4) Employees will be provided with a copy of the Documented Verbal Warning. Employees will be asked to sign the supervisor copy of the form. If an employee refuses to sign the document, it will be noted on the supervisors copy that a copy of the warning was given to the employee and the employee refused to sign. (5)A copy of the Documented Verbal Warning and supporting documents, if any, will be placed in an employee’s personnel file and may be used as evidence and support if further violations occur.
C. Written Warning. Whenever grounds for disciplinary action exist, a manager may discipline an employee utilizing a Written Warning. A written warning is a formal notice of disciplinary actions and provides a manager the opportunity to formally notify the employee of more serious violations and establish expectations. Written Warnings are usually used for a significant incident(s) or as a component of progressive discipline. (1) Managers are responsible to provide documentation with the issues addressed using this level of discipline. (2) Managers will usually conduct Written Warning meetings and review the issue(s). (3) Human Resources will usually review the disciplinary form with the manager to ensure that it accurately addresses the behavior or issue involved. (4) Human Resources may also attend these meeting as needed. (5) Employees will be provided with a copy of the Written Warning. Employees will be asked to sign the supervisor copy of the form. If an employee refuses to sign the document, it will be noted on the supervisor copy that a copy of the warning was given to the employee and the employee refused to sign. (6) A copy of the Written Warning and supporting documents, if any, will be placed in an employee’s personnel and may be used as evidence and support if further violations occur. (7) This level of discipline may affect an employee’s yearly evaluation rating and yearly compensation increases if one is given.
D. Suspension. Whenever grounds for disciplinary action exist, a manager may discipline an employee utilizing a Suspension. Suspension is a temporary disassociation between the employee and the work place. Suspension is usually used for a significant incident(s) or as a component of progressive discipline. The City may suspend an employee with or without pay for up to, but not exceeding, thirty (30) calendar days. (1) When proposing to suspend an employee for more than two days without pay, the City Manager shall ensure that the City complies with the due process proceedings set forth below. (2) Human Resources may investigate the behavior or issue(s) involved, or cause an investigation to be performed by a neutral party and will review the disciplinary form with the manager to ensure that it accurately addresses the behavior or issue(s) involved in the Suspension. (3) Managers will usually conduct Suspension meetings and review the issue(s). (4) Human Resources may also attend these meeting as needed. (5) Employees will be provided with a copy of the Suspension disciplinary form. Employees will be asked to sign the supervisor copy of the form. If an employee refuses to sign the document, it will be noted on the supervisor copy that a copy of the suspension was given to the employee and the employee refused to sign. (6) A copy of the suspension document and supporting documents, if any, will be placed in an employee’s personnel and may be used as evidence and support if further violations occur. (7) This level of discipline may affect an employee’s yearly evaluation rating and yearly compensation increases if one is given. (8)An employee on suspension shall be responsible for making full employee contributions to their employee insurance benefits.
E. Demotion. Whenever grounds for disciplinary action exist, a manager may discipline an employee utilizing a Demotion. Demotion is reducing an employee’s remuneration and may or may not include a transfer to a different job assignment within the employee’s current department or to another department within the City. Demotion is usually used for a significant incident(s) or as a component of progressive discipline. This level is usually used for an employee who is consistently not performing at the needed level for his current assignment but has shown the ability to be an effective employee with less responsibility or reduced job duties. (1) When proposing to demote an employee the City Manager shall ensure that the City complies with the due process proceedings set forth below. (2) Human Resources may investigate the behavior or issue(s) involved, or may cause an investigation to be performed by a neutral party. Human Resources will review the disciplinary form with the manager to ensure that it accurately reflects the behavior or issue(s) involved in the Demotion. (3) Managers will usually conduct suspension meetings and review the issue(s). (4) Human Resources may also attend these meeting as needed. (5) Employees will be asked to sign the supervisor copy of the Demotion. If an employee refuses to sign the document, it will be noted on the supervisor copy that a copy of the demotion was given to the employee and the employee refused to sign. (6) A copy of the demotion documentation and supporting documents, if any, will be placed in an employee’s personnel and may be used as evidence and support if further violations occur. (7) This level of discipline may affect an employee’s yearly evaluation rating and yearly compensation increases if one is given.
F. Termination. Whenever grounds for disciplinary action exist a manager may discipline an employee utilizing a Termination. Termination is the permanent disassociation between the employee and the City. Termination is usually used for a significant incident(s) or as a component of progressive discipline. (1) When proposing to terminate an employee the City Manager shall ensure that the City complies with the due process proceedings set forth below. (2) Human Resources may investigate the behavior or issue(s), or cause an investigation to be performed by a neutral party, and will review the disciplinary form with the manager to ensure that it accurately reflects the behavior or issue(s) involved in the Termination. (3) Managers will usually conduct Termination meetings and review the issue(s). (4) Human Resources may also attend these meeting as needed. (5) Employees will be asked to sign the supervisor copy of the Demotion. If an employee refuses to sign the document, it will be noted on the supervisor copy that a copy of the demotion was given to the employee and the employee refused to sign. (6)A copy of the termination document and supporting documents, if any, will be placed in an employee’s personnel and may be used as evidence and support if further violations occur. (7) Employees who are terminated will not be eligible for rehire.
3. CAUSES FOR DISCIPLINARY ACTION.
A. Causes for disciplinary action may include, but are not limited to, the following: (1) Violation of the laws of the State of Utah or the United States, other than minor traffic offenses. (2) Violation of this Manual or City policy or procedures. (3) Conduct which endangers the peace and safety of others or poses a threat to the public interest. (4) Inappropriate interference with work of other City employees. (5) Employee misconduct which includes, but is not limited to, behavior that is not in accordance with City culture, accepted moral or professional standards. (6) Malfeasance or conduct that cannot be legally justified or that conflicts with the law. (7) Misfeasance or abuse of lawful authority in order to achieve a desired result. (8) Nonfeasance or the omission of a required act. (9) Incompetence of job performance or actions. Incompetence includes, but is not limited to, lacking the skills, qualities, or abilities to complete required duties. (10) Negligence of work duties, policies or safety. Negligence includes, but is not limited to, causing injury or harm to another person or property as a result of actions or failure to provide proper or reasonable care. (11) Insubordination of the employee to another employee usually of a higher status or reporting relationship. Insubordination includes, but is not limited to, refusing to follow reasonable orders; refusing to meet with a supervisor; yelling, using obscene, foul, or abusive language; or showing anger through physical gestures, such as slamming doors, throwing documents, supplies, or other items. (12) Failure to maintain skills. (13) Inadequate performance of duties. (14) Unauthorized access to or distribution of controlled, confidential, or private records. (15) Pattern of unauthorized absence or tardiness. (16) Falsification or unauthorized alteration of records. (17) Falsification of employment application. (18) Unlawful discrimination in hiring, assignment, or promotion of another employee. (19) Sexual harassment. (20) Falsifying Records. (21) Time sheet manipulation. (22) Illegal possession of firearms, weapons, or explosives on City owned property; provided, however, an employee who has been issued a permit or temporary permit by the State of Utah to carry a concealed weapon is authorized to possess a firearm on City-owned property. Except for police officers, employees are not authorized to use deadly force when acting for and in behalf of the City. If an employee that is not a police officer uses deadly force, the employee will not have immunity or be indemnified by the City. (23) Carelessness which affects the safety of personnel or damage to property. (24) Threatening, intimidating, coercing, or interfering with fellow employees on the job, or the public at large. (25) Theft or removal of any City property or the property of any employee from the work area premises without proper authorization. (26) Gambling or engaging in a lottery at any City work area. (27) Misusing, improper use, destroying, or damaging any City property (including, but not limited to, City-owned vehicles) or the property of any other employee. (28) Deliberately restricting work output of themselves or others. (29) Drinking any alcoholic beverage while working or while on City business, or being under the influence of illicit drugs or alcohol while working or while on City business or when on call or on first rotation. For purposes of this subparagraph, “while on City business” means during such times that the employee is representing the City in an official capacity or could reasonably be presumed to be a representative of the City. (30) Sleeping during working hours. (31) Engaging in violence or behavior that carries the potential for violence, including, but not limited to, fighting (verbal or physical) on City premises, or while on City business; using obscene, foul, abusive, or threatening language or gestures towards employees or the public. (32) Using work time for personal conduct. (33) Engaging in rude or discourteous behavior towards other employees or the public, including, but not limited to, spreading rumors or gossiping, refusing to work with certain employees, sabotage, throwing items, yelling, ignoring customers, or other behavior that is disruptive to the work environment. (34) Making a malicious, fraudulent or frivolous complaint with intent to cause harm, harass, disrupt City services, or with reckless disregard to the truthfulness of the complaint. (35) Refusing to respond to an official request for factual information or willfully impeding an internal investigation after receiving notification that a response is required. (36) Failure to obtain or maintain any required documentation to be legally employed, occupational license, professional license, or certification, such as a commercial driver’s license. (37) Using e-mail, voice mail, fax, text messaging, or any other form of social media to violate any of the policies set forth herein.
4. CONDUCTING AN INVESTIGATION.
A. If the City deems it necessary, Human Resources may lead or conduct an investigation with guidance from the City Manager and the Manager of an employee. A neutral third party may conduct the investigation when it is determined by the City to be appropriate.
B. It is expected that Human Resources remain a neutral party to the situation and provide recommendations based on the results of its investigation.
C. Human Resources is responsible to reduce risk to the City without compromising the outcome of the investigation.
D. The City Manager, with counsel from Human Resources, may place an employee on administrative leave during an investigation to determine the facts upon which disciplinary action may be imposed.
E. Human Resources will investigate any City employee witnesses who may have information into the investigation. The employee under investigation may request Human Resources to investigate certain individuals that may help their case.
F. Human Resources will gather facts of the situation and case to provide a recommendation to the manager of the employee and the City Manager.
5. DUE PROCESS AND IMPOSING DISCIPLINARY ACTION.
A. Human Resources shall ensure that disciplinary action and discipline are administered in a consistent legal manner.
B. Each employee shall be afforded prior access to the City’s rules, policies, and procedures.
C. In determining the type and severity of the disciplinary action, the City Manager shall consider if the disciplinary action is appropriate to the conduct and is consistent with previous discipline imposed by the City and may consider aggravating and mitigating circumstances which include, but are not limited to, the repeated nature of misconduct; prior disciplinary action imposed; the severity of the misconduct; the employee’s work record; the effect on the City’s operations; and/or the potential of the misconduct to harm person(s) or property.
D. Disciplinary action that involves a termination, suspension for more than two days without pay, or transfers from one position to another with less remuneration shall not be imposed until an informal pre-disciplinary hearing, with appropriate written notice to the employee. The pre-disciplinary hearing investigation shall include a presentation of the allegations, potential disciplinary action, and an opportunity for the employee to respond to the allegations and make written responses within five (5) business days of the pre-disciplinary hearing. All such written responses shall be placed in the employee’s personnel file.
E. With respect to discipline that imposes a termination, suspension for more than two days without pay, or involuntary transfer from one position to another with less remuneration, Human Resources shall ensure that a formal written decision/statement is given to the employee that includes findings of the investigation and response to the pre-disciplinary hearing. The written decision/statement shall include: (1)The grounds for disciplinary action, including a description of the specific misconduct for which the disciplinary action is being imposed. (2) Any prior disciplinary action imposed. (3) The disciplinary action to be imposed. (4) The effective date and duration of the disciplinary action. (5) The corrective action necessary, if any, for the employee to avoid further disciplinary action. (6) A statement that includes the following notification: Notice: Pursuant to Utah Code Ann. § 10-3-1106(3)(a)(i)(2008) (as amended from time to time), you have ten (10) calendar days in which to file a written notice of appeal with the City Recorder from the discipline referenced herein. If you fail to file the written notice of appeal required by Utah Code Ann. § 10-3-1106(3)(a)(i)(2008) (as amended from time to time) within such ten (10) day period, you will have irrevocably waived your right to appeal the foregoing discipline to the Employee Appeal Board, and discipline will be implemented.
F. Suspension, demotion, transfer, or termination of an employee shall require the approval of the City Manager. Due process notes and findings will be keep in a separate file from the employee file.
6. APPEAL PROCEDURES.
A. “Probationary employees” and “temporary employees” have no appeal rights.
B. The “City Manager” and “Assistant City Manager” have no appeal rights.
C. Employees have no appeal rights with respect to “verbal warnings.”
D. Employees have no appeal rights with respect to “written warnings”.
E. Employees, except those employees excluded from the right to appeal as provided above, may appeal the termination, suspension for more than two days without pay, or involuntary transfer from one position to another with less remuneration, to an Appeal Board. All such appeals shall comply with Utah Code Ann. §§ 10-3-1105 and 1106 (2008) (as amended from time to time).
1. GENERAL POLICY. Herriman strives to provide employees a safe means to communicate concerns without retaliation. Employees who perceive that they have a grievance against Herriman should exhaust the administrative procedure set forth in the body of this policy before addressing their grievance through any other forum. An employee may file a grievance about any perceived work related injustice or oppression resulting from an act occurrence, omission, condition, or unfair labor practice. Issues addressable throughout the grievance process include, but are not limited to: (1) Employee-supervisor relationships. (2) Duty assignments not affecting job classification. (3) Compensation practices among Herriman employees. (4) Working conditions. (5) Practices affecting granting of leave time. Retaliation or reprisals are prohibited against any employee who in good faith files a grievance, or who has filed a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing. See additional protections under Section VI: Sexual/Gender Harassment.
A. The communication of grievances should be initiated at the lowest level of administration as possible. Under most circumstances, any grievances that skip levels should be redirected to the appropriate level.
B. Employees and supervisors shall attempt to resolve grievances informally by discussing the grievance issues before any formal written grievance is filed. Each employee pursuing a formal grievance must prepare and submit to Human Resources a separate written grievance/appeal. Human Resources may counsel the employee on writing the grievance and any coaching through the process as needed. Written grievances shall contain, at a minimum, the following information: (1) Name of the employee. (2) Date the occurrence or action underlying the grievance occurred. (3) Nature of the grievance. (4) Historical information related to the grievance including conversations with the supervisor and result of the conversations. (5) Requested resolution. (6) Signature of the employee filing the grievance and date filed.
C. Employee grievances must be filed within ten (10) days of the occurrence or event giving rise to the grievance, or within ten (10) days of when the employee acquires knowledge of the occurrence or event giving rise to the grievance.
D. At each level of the grievance process, after an administrator has received a formal written employee grievance, the administrator shall have ten (10) working days to respond in writing to the grievance.
E. If an administrator is unable to answer the grievance within the specified time period due to extenuating circumstances, the administrator may take an additional ten (10) working days to answer the grievance if they notify the employee in writing of the exigent (needing immediate action) circumstances and that the extension is being exercised. Any extensions must be reviewed and approved by Human Resources.
F. If the grievance remains unresolved or the decision is considered unacceptable, the employee may appeal the decision to the next level of appeal. Only the issues presented in the original grievance may be considered throughout the appellate process. A grievance and any necessary appeals shall be processed through the following chain of command, if applicable: (1) Immediate supervisor. (2) Department director. (3) City Manager. (4) If the grievance is with the City Manager, the employee should work through Human Resources to coordinate the process.
G. Absent exigent circumstances, if the employee’s supervisor fails to respond within the allotted time, the employee may proceed to the next level of appeal.
H. The decision of the City Manager constitutes the final level of appeal. The City Manager’s decision is final and cannot be appealed. If the grievance is with the City Manager, then City Council may be involved in the decision process.
I. Human Resources will be involved in and a part of each level of the grievance process. Human Resources can help the employee coordinate the appeals process and also consult with management on decisions.
2.CONFIDENTIALITY. Written Grievance Forms shall be private data under the Government Records Access Management Act.
A. No document relating to a grievance shall be placed in the employee’s personnel file.
B. If any disciplinary action against an employee is rescinded as a result of the grievance process, Human Resources shall remove the record of the disciplinary action from the employee’s personnel file.
C. If any disciplinary action against an employee is modified as a result of the grievance process, the unmodified record of the disciplinary action shall be removed from the employee’s personnel file and the modified record of the disciplinary action shall be placed in the employee’s personnel file.
Anytime there is a separation between the employee and Herriman it will be considered a termination of employment.
Note: Any involuntary termination should be reviewed with legal counsel before termination is pursued or a resignation is accepted to ensure the employee’s “due process” property rights are not violated.
1. TYPES OF TERMINATION.
A. Voluntary Resignation. When an employee chooses to leave Herriman of their own choice and not for retirement.
B. Involuntary Termination. When Herriman decides to terminate an employee not at the employee’s choice.
C. Resignation in Lieu of an Involuntary Termination. When an employee decides to resign their position rather than receiving an involuntary termination. If Involuntary Termination proceedings have begun, but have not been completed and an employee suggests that they would like to voluntarily resign, the City Manager may agree to a Resignation in Lieu of an Involuntary Termination agreement.
D. Retirement. Voluntary termination at the end of an employee’s career usually due to years worked or age.
E. Reductions in Force/Layoffs. During certain times it may be necessary to reduce the number of employees in Herriman because of lack of work or lack of funds. Herriman may attempt to minimize layoffs by the readjustment of personnel through reassignment of duties in other work areas.
F. Termination as a Result of an Employee’s Death. If an employee of Herriman dies, their estate receives all pay due and any earned and payable benefits (such as payment for compensation time, vacation, and/or PTO, if applicable) as of the date of death.
2. REQUIRED NOTICE PRIOR TO TERMINATION.
A. All employees should endeavor to notify Herriman at least two (2) weeks before retiring or voluntarily resigning.
B. Management level employees should endeavor to provide three (3) weeks notice if possible.
C. Herriman may not provide prior notice to an employee before terminating their employment with Herriman.
3. TERMINATION PROCEDURES.
A. Voluntary Termination (1) It is expected that an employee who is resigning provide a notice of voluntary resignation letter to their supervisor signed by the employee, or an email from their work email account with an electronic signature stating the employee is leaving voluntarily. (2) The supervisor will notify Human Resources who will start processing the exit checklist and set up an exit interview. (3) Employees will work with their supervisor to document processes and procedures as needed and ensure work is covered and understood by another employee within the department. (4) Employees will receive pay for time worked on their next regular paycheck according to the payroll schedule. Any unused time off accruals will also be allocated on the next regular paycheck. (5) Employees are required to ensure their workstation is in good order and that all Herriman owned equipment and supplies are returned in good working condition.
B. Involuntary Terminations/Separations for Cause (1) Herriman will provide the terminating employees with written notification of due process. (2) “At-Will” Involuntary Terminations (for probationary employees and department directors) do not require Herriman to provide their terminating employees with written notification of due process. (3) Employees will receive all final compensation within 24 hours of the time of termination. Payment may be through either a paycheck in the mail, a paycheck available to pick up from the Herriman office, or a direct deposit if proper approvers are available for a bank transaction. Payment will include unused paid time off, hours worked, and any additional pay earned. (4) Supervisors are responsible to ensure all Herriman owned equipment and supplies are returned and are in good condition. With direction from Human Resources, a supervisor may be asked to help pack up an employee’s desk and arrangements will be made with the employee to pick up any personal belongings.
C. A Resignation in Lieu of an Involuntary Termination Agreement. (1) A Resignation in Lieu of an Involuntary Termination Agreement does not require Herriman to provide their terminating employees with written notification of due process. (2) Payment procedure will be the same as if the employee was involuntarily terminated. (3) Employee will be considered involuntarily terminated for future employment opportunities.
D. Voluntary Retirements. (1) Employees who desire retirement should endeavor to notify Herriman three months in advance. (2) Employees are ultimately responsible to understand their benefits through Utah Retirement System and any Medicare benefits. Human Resources and the supervisor may help navigate and gather retirement information on the employee’s behalf. (3) Human Resources will notify required government agencies and Utah Retirement system of an employee’s retirement.
E. Reductions in Force/Layoffs. (1) Determine whether Herriman is required to follow statutory guidelines related to the reduction in force/layoff. If Herriman is required to follow statutory guidelines; policy, procedure, and actual practice must comply with said guidelines. (2) If Herriman is facing a possible reduction in labor force, Herriman should explain the situation to its employees, advising them of the possibility that reductions in force/layoffs may become an economic necessity for Herriman. (3) In the selection of employees for Herriman’s reduction in force/layoff, the following guidelines should be considered: (a)Selection should be based upon the employee’s ability to perform the work assignments within the affected department. Seniority should govern the selection when skills and ability are similar. (b) Emergency, temporary, and probationary employees should be laid off first. Permanent employees should be the last to be laid off, when possible and in inverse order as applicable. (c) Before any reduction in force/layoff, Herriman should determine whether it is subject to the requirements of the Worker Adjustment and Retraining Notification Act, 29 U.S.C. 2101, et seq. (d) Herriman should provide benefits information and carefully explain to the employee their options, such as COBRA and Retirement Plan Options. (e) If Herriman cannot give advanced notice of a reduction in force/layoff to the employee, two weeks’ severance pay may be given in lieu of notice for a bona fide reduction in force/layoff. (f) If possible Herriman will provide written notifications. Written reductions in force/layoffs notices should contain the following information: (i)Statement that separation from employment is based on reduction in force/layoff. (ii)Anticipated date of layoff. (iii)Any options regarding employee placement in another position.
4. COBRA. Any employee, who is eligible for benefits, that is separated from Herriman is entitled to certain continuation of insurance coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), as modified by the American Recovery and Reinvestment Act of 2009 (“ARRA”), as stated in Herriman’s COBRA Notification.
A. COBRA, as modified by the ARRA, requires Herriman to offer a continuation of group insurance coverage to individuals who fall under one (1) of the following “qualifying events”: (1) Termination of employment (other than for gross misconduct), for a maximum continuation period of eighteen (18) months. (2) Reduction of work hours below eligibility requirement, for a maximum continuation period of eighteen (18) months. (3) Dependent coverage terminated due to death of employee, for a maximum continuation period of thirty six (36) months. (4) Divorce or legal separation from employee, for a maximum continuation period of thirty six (36) months. (5) Spouse or dependent of Medicare eligible employee, for a maximum continuation period of thirty six (36) months. (6) Dependent child who ceases to be a dependent under the generally applicable requirements of the group plan, for a maximum continuation period of thirty six (36) months.
B. Under COBRA, as modified by ARRA, a qualifying individual is entitled to continued group insurance coverage identical to that which is provided to similarly situated beneficiaries to whom a qualifying event has not occurred. Individuals who are entitled to continued benefits under COBRA, as modified by ARRA, are required to pay the entire premium required under the policy during the entire period of the continued coverage. The premium a qualifying individual will be required to pay may not exceed one hundred and two percent (102%) of the applicable premium, for any period of continued coverage. Failure to pay the monthly premium will result in a cancellation of the insurance.
C. The insurance benefits offered under the COBRA, as modified by ARRA, will be terminated if and when any of the following occur: (1) A qualifying individual fails to pay the premium at the time it is required. (2) A qualifying individual becomes eligible for coverage under any other group insurance plan due to employment or remarriage. (3) At the expiration of a qualifying individual’s maximum continuation period.
D. The offer of continued insurance coverage under COBRA, as modified by ARRA, is made independent of any other offer to continue insurance that may be required under any applicable state law.
E. A qualifying individual has sixty (60) days from the termination date of their current coverage to decide whether to continue their insurance coverage under this plan or for certain assistant eligible individuals to qualification for premium assistance and the option to enroll in different coverage, if applicable. If they decide to apply for the continued coverage, all due and owing premiums must be paid before coverage will be granted. If they fail to apply for coverage within the sixty (60) days, they will have waived their rights to continuation of coverage under the COBRA, as modified by ARRA guidelines.
1. GENERAL POLICY. Federal law requires employers to keep detailed data about their employees.
2. CONFIDENTIALITY. Employee records are maintained in compliance with the law.
A. Confidentiality must be maintained at all times with access limited to employees, Human Resources, and their supervisory chain.
B. Protected health information will be safeguarded to ensure confidentiality of such information as required by the Health Insurance Portability and Accountability Act of 1996.
C. Herriman’s policy is that only relevant, job-related information is maintained on its employees, that such information is held in strict confidence, and that access is limited only to those who require it for legitimate business reasons.
D. Employees, or their designated representative, may review their own personnel file under observation of the Human Resources department during normal working hours at Herriman City Hall. Human Resources may provide copies of documents in an employee’s file for the employee; if multiple document copies are requested, Herriman may request the employee pay for the cost of the copies.
E. When an employee’s supervisor requires access to the personnel file of an employee for the handling of personnel matters, the employee’s supervisor must obtain authorization from Human Resources.
3. PERSONNEL FILES REQUIREMENTS.
A. General. (1) Personnel files are maintained on each employee and kept by Human Resources. The record copy (original) of all appropriate personnel information, as set forth hereafter, related to an employee shall be filed in the employee’s personnel file. (2) No information from any record placed in an employee’s personnel file will be communicated to any person or organization except by Human Resources.
B. Contents. (1) An employment record; including the employee’s job application, resume, , , Employee’s Withholding Allowance Certificate (Form W-4), etc. (2) A signed copy of the employee’s acknowledgment of receiving a copy of the personnel policies and procedures manual; and the performance standard for the position the employee currently occupies. (3) Election form to disclose or keep confidential, the employee’s home address and home telephone number. (4) All personnel action forms, including: (a) Performance evaluations. (b) Promotions, transfers, or assignments. (c) Salary rate changes. (d) Disciplinary action taken. (e) Benefits forms (5) Any information the employee wants included in response to any of the above actions. (6) Records of citations for excellence or awards for good performance. (7) Certain leaves of absences. Official records of vacation and PTO accrual and of such leave usage are maintained by the payroll department and finance. Leave balances are shown on the official record to reflect any remaining leave to which an employee is entitled. Employees may check with the payroll department to obtain information regarding their current leave usage. (8) Record of any other pertinent information having a bearing on the employee’s status. (9) Continuing education and certifications. (10) Employment Eligibility Forms (I-9) will be keep in separate files outside of the employee’s file.
C. Employee Information/Change of Employee Status. Employees are responsible for ensuring that personal employee information contained in their personnel files is current and accurate. Employee information (any change in number of dependents, marital status, address, telephone number, etc.) should be updated by completing an Employee Information/Change of Status Form and giving it to Human Resources to file in their personnel file.
D. Giving References. All reference calls should be directed back to Human Resources. Herriman limits information given in a reference to the following. (1) Verification that the employee worked, full-time or part-time, for Herriman during a stated period. (2) A description of the position held. (3) Verification that the employee achieved a given salary range.
4. OTHER FILES REQUIREMENTS. Records related to the items listed below should be kept for a period of at least one (1) year or as required by law. In addition, records should be examined annually to keep the files current and to save those records that management feels should be kept longer.
A. Job applications.
B. Test papers completed by job applicants or candidates for any position.
C. Results of any preemployment physical exam and mobility exams should be kept for a period of at least four (4) years.
D. Any advertisements or notices relating to job openings, promotions, training programs, or opportunities for overtime work.
E. Records of promotion, demotion, transfer, selection for training, layoff, rehire, or termination of any employee. These should also be signed by the employee.
5. SALARY/WAGE REQUIREMENTS. The Federal Labor Standards Act (FLSA) requires Herriman to keep all of the following data on all employees for a period of at least three (3) years.
A. Employee’s sex.
B. Time and day work week begins.
C. Hours worked each day and total hours worked each week.
D. Total daily or weekly straight-time earnings.
E. Total additions to, or deductions from, wages paid each pay period, including an explanation of items that make up additions and deductions.
F. Date of payment and pay period covered.
G. Total overtime above regular compensation for work week.
6. OTHER REQUIREMENTS. There are record keeping requirements under other federal and state laws over which the personnel record keeping function has jurisdiction:
A. Occupational Safety and Health Act (OSHA) record of injuries.
B. Employee Retirement Income Security Act (ERISA) record of pensions.
C. The Immigration Reform and Control Act (IRCA) of 1986 verifications
1. PERFOMANCE EVALUATIONS. Performance evaluations are used to communicate with an employee their current performance level, provide expectations, and set goals and objectives for the upcoming period.
A. Performance evaluations will consist of a review between the employee’s supervisor and the employee using Herriman’s Performance Evaluation system and criteria.
B. Employee evaluations must be conducted in a manner which will ensure fair treatment and an objective evaluation of employee performance.
C. Direct supervisors will be responsible for their employees’ evaluations. Performance information may also be gathered from other City employees under the discretion of the supervisor.
D. There are certain fundamental principles which govern employee performance evaluations. City evaluations should contain the following: (1) A review of the employee’s job description. The job description and duties shall be reviewed by the employee and their supervisor. (2) The evaluation of an employee’s performance will be based on criteria directly related to their job duties described. Each employee should receive communication as to how their work contributes to the vision of the organization. (3) Evaluations provide supervisors and employees with an opportunity to set individual and department goals critical to the development of performance plans and standards. Employees should be heavily involved in this process including: determining how goals will be measured, creating a target completion date and determining which resources will be required. (4) Objectives must be clearly defined and understood by both employees and their supervisors. Employees should fully understand the knowledge, skills and abilities necessary for achievement and have periodic reviews and resources made available that are critical to the success of the employee and the organization. (5) Employees should understand that they will be supported by their supervisors in pursuing the achievement of the mutually agreed upon objectives and standards. The supervisor should be open and make every effort to respond in a positive and encouraging manner. Employees should be given the opportunity to record remarks and give feedback on the performance evaluation process and the assessment received. Both employees and their supervisors shall sign the performance review. If the employee refuses to sign the appraisal document, the supervisor will indicate this on the signature line along with the date and time, indicating that the employee refused to sign. (6) Under no circumstances should employees be allowed to prepare their own performance evaluation. It is the responsibility of the employee’s supervisor to prepare performance evaluations. There may be times when the employee will be asked to rate themselves as part of the evaluation but a self- evaluation will not take the place of the supervisor’s evaluation.
2. PERFORMANCE PLANS. At any time, a supervisor may provide an employee a performance plan to outline department goals and objectives and communicate the employee’s role to help complete department goals. These plans must be in line with department and City goals. Performance plans may also be used as part of performance improvement and setting job expectations.
A. Supervisors should complete a written performance plan with their new employees as soon as practical when they are first hired and continue updating this plan as needed.
B. Performance planning is a continuing and collaborative process in which employees and their supervisors: (1) Jointly identify objectives and goals. (2) Define priorities and performance standards. (3) Compare progress against expectations and revise the plan, when necessary.
C. The performance plan shall include prioritized goals and objectives with mutually acceptable performance standards.
3. PERFORMANCE STANDARDS.
A. Performance standards and expectations shall be established for each position and may be individualized for a specific employee. Employees shall participate in the establishment of performance standards and expectations relevant to their jobs.
B. Criteria will be based on job duties, skills and attributes required. There may also be additional criteria based on ability to meet the cultural expectations of the City. Although the standards may vary from time to time, they may include the following factors: Attitude and professionalism, Innovation, Initiative, Job knowledge, Technical skills, Decision making, Problem solving, Organization, Time management, Reliability, Communication, Teamwork, Supervision and Leadership.
C. Employees shall be advised of how they are performing in relation to established standards.
D. Informal performance evaluations are an ongoing process which requires that supervisor and subordinates to meet periodically to discuss achievements, review performance and mutually agree on strategies to eliminate performance deficiencies. This ongoing process culminates in the written evaluation at the end of the annual performance evaluation period.
E. If improvement is needed, employees shall be made aware of the time frames and actions to be taken to improve performance and to increase the value of service.
F. Employees shall know what role their supervisors shall play in providing them assistance toward improved performance.
4. PERFORMANCE RATINGS.
A. Each employee evaluation shall provide an overall performance rating which can be equated to one of the following: (1) Poor. Performance does not meet the minimum standards. (2) Needs Improvement. Performance needs improvements in several areas. (3) Meets Expectations. Performance meets job expectations. (4) Exceeds Expectations. Performance frequently exceeds job expectations. (5) Excellent. Performance consistently exceeds job expectations.
5. PERFORMANCE PERIODS.
A. Probationary Employees. (1) Employees on probation shall have performance evaluations following the end of their probationary period. (2) The performance evaluations may be used to provide information to both the employee and management regarding the employee’s performance. (3) Performance evaluations and the results of such evaluations do not obligate Herriman to a particular course of action relative to probationary employees, including but not limited to, salary adjustments and do not create any property/due process rights for probationary employees relative to their jobs/positions. (4) Employees on probation shall not receive salary adjustments.
B. Non-probationary Employees. (1) Formal performance evaluations will be completed at least annually. (2) Although a salary adjustment never automatically follows a performance evaluation, the performance evaluation may be included as a component of any future compensation increase. (3) Performance evaluations may be used in decisions concerning advancement, future training needs, performance related salary adjustments, and contested disciplinary actions.
A. Completed performance evaluations received by Human Resources shall permanently remain in the employee’s personnel file and become a part of the confidential information of that file.
B. Current supervisors and employees may review past evaluations under the direction of Human Resources.
1. GENERAL POLICY. The City will pay at least minimum wages and overtime to all employees except those who are specifically exempt from minimum wage and overtime under the Fair Labor Standards Act (FLSA) of 1938. The City will also follow equal pay practices for all employees doing similar work which requires equal skill, effort, and responsibility and are performed under similar working conditions in accordance with the Fair Labor Standards Act of 1938 and the Equal Pay Act of 1963.
2. EMPLOYMENT CLASSIFICATIONS. There are three classifications of employees within Herriman:
A. Full-time. An employee hired for an indefinite period in a position for which the normal work schedule is thirty (30) hours or more per week. Full-time employees may or may not qualify for specific City benefits.
B. Part-time. An employee hired for an indefinite period in a position for which the normal work schedule is less than thirty (30) hours per week. Part-time employees who are normally scheduled to work less than thirty (30) hours per week may not qualify for some City benefits.
C. Temporary. An employee hired for a position which is required for only a specific, known duration, usually less than six (6) months or hired for a position which is required only for the summer or winter months (seasonal or internships). Temporary employees do not qualify for City benefits.
3. EMPLOYMENT STATUS. To facilitate provisions of the Fair Labor Standards Act, employees shall also be classified as either exempt or nonexempt, with respect to eligibility for overtime payment. They shall be defined as:
A. Exempt. Positions of a managerial, administrative, or professional nature, as prescribed by Federal and State Labor Statutes shall be exempt from minimum wage and mandatory overtime payment regulations.
B. Nonexempt. Positions of a clerical, technical, or service nature, as defined by Federal and State Labor Statutes, which are covered by provisions for minimum wage and mandatory overtime payment regulations.
4. WORK WEEK.
A. Most City employee’s work a 9×9 schedule. Work weeks for these employees start on Friday 4 hours after the start of their normal start time. i.e.If your normal start time is 7am then your workweek starts at 11am each Friday. If your normal start time is 7:30am then your workweek starts at 11:30am each Friday.
B. Work schedules may vary among departments to accommodate the operational needs of the department and the City. Employees working altering schedules will have the workweek communicated to them at the time of hire or prior to the start of the pay period the change takes effect.
5. ATTENDANCE. Employees are expected to be available to work during their scheduled work weeks and shall be in attendance at their work stations during normal working hours, as directed by the employee’s supervisor.
6. COMPENSATORY TIME OFF.
A. Compensation time off will be accumulated at the overtime rate of one and one-half (1 and 1/2) hours for every hour of overtime worked (see below for examples of hours worked).
B. Employees may receive compensatory time off in lieu of overtime pay only if approved in advance by the employee’s supervisor. The employee’s supervisor reserves the right to schedule when an employee’s accrued compensatory time will be used. Written employee requests, to use their accumulated compensation time during specific dates and times, must be approved by the employee’s supervisor, who shall honor the requests, unless granting the compensatory time off would create a substantial hardship for the City.
C. Not more than eighty (80) hours of compensatory time may accrue at any time during the calendar year, or forty (40) hours of compensatory time may be carried over from calendar year to calendar year. Any additional compensation time that exceeds such eighty (80) hours during the calendar year or forty (40) hours, as of December 31 of each year, shall be paid in monetary overtime compensation.
7. OVERTIME PAY.
A. Overtime applies for all hours worked over forty (40) hours in a work week and shall be compensated at the rate of one and one-half (1 and 1/2) times the employee’s regular hourly rate. The following examples will be considered hours worked: holiday time, vacation time, or time attending mandatory training, seminars, conferences, or briefings; Sick/Bereavement time will not be considered hours worked.
B. Overtime must be approved by the employee’s supervisor before hours are worked by the employee. Overtime shall be authorized for personnel only when absolutely necessary to provide required services. Violation of this policy may result in disciplinary action.
8. CALL OUT PAY. Nonexempt employees, who are called to work by a supervisor during other than normal business hours, shall be paid for a minimum of two (2) hours of work for the first “call out” per day. Such two (2) hours shall start at the time of the notice of the call out. Notwithstanding the above, such two (2) hours shall be reduced by such time that is include within normal business hours (for example if a call out is initiated at 7:00 a.m. and the employees normal business hours start at 8:00 a.m. then call out pay will be reduced by one hour). Employees who are on call may pursue personal activities during on-call status but are expected to respond to the call and travel to work within a reasonable amount of time.
9. TIME SHEETS. Employees will complete and sign, as verification of accuracy, an approved Employee Time Sheet showing all hours worked, including overtime, and submit the time sheet to the employee’s supervisor for examination, approval, and filing.
1. GENERAL POLICY. Subject to City Council approval of funding, through the adopted budget, the City Manager shall be responsible for the development and maintenance of a uniform and equitable pay plan for Herriman. The pay plan shall consist of minimum and maximum rates of pay for each position and such intermediate steps as deemed necessary and equitable. Salaries shall be linked directly to the position classification plan and may take into consideration the following factors:
A. Ranges of pay for other positions.
B. Prevailing rates of pay for similar employment in both public and private organizations.
C. Cost of living factors.
D. Other benefits received by employees.
E. The financial policy and economic conditions of Herriman.
F. Years of service and experience of an employee.
H. Title change and promotion.
I. Professional accreditation required for the job.
J. Obtaining a higher education degree that benefits the City.
K. Merit and/or annual review.
2. PAY STRUCTURE DEVELOPMENT AND ALLOCATION.
A. Human Resources shall conduct studies of salary grades and ranges and will make recommendations to the City Manager regarding the salary grades. Implementation of adjustments is subject to budgeting approval and the availability of funds.
B. The City Manager shall assign each position’s grade to a pay range based upon the position’s responsibilities, duties, comparable market pay, and relationship to other levels as defined in the position level plan and by market data.
3. NEW HIRES.
A. Pay for newly hired employees will normally be set at the minimum of the salary range assigned to the position with possible additional pay based on additional work experience, specialized skills relevant to the position, and internal equity with other similarly positioned staff.
B. City Manager approval is required to hire above the midpoint of a pay range.
4. MERIT INCREASE.
A. The City Manager, upon approval of a budget line item for such by the City Council, shall adopt merit increase guidelines effective the first full pay period after July 1 of each fiscal year.
B. Full-time and part-time employees are eligible to receive a merit increase.
C. A part-time employee is eligible to receive a merit increase in the same amount of elapsed calendar time on the job as a full-time employee.
D. A merit increase shall not exceed the maximum range assigned to a position level, unless approved by the City Manager for situations based on high performance with a significant beneficial impact on the City.
5. MIDYEAR SALARY ADJUSTMENT.
A. The City Manager may approve a midyear salary adjustment in order to mitigate inequity, adjust to market pay, or for high level performance that goes beyond expectations.
B. The employee’s manager shall create a written rationale and submit a copy for approval to the City Manager and to Human Resources for placement in the employee’s personnel file.
C. A selective adjustment is subject to the availability of funds and guidelines that have been established.
6. COST-OF-LIVING ADJUSTMENTS. When the budget approved by the City Council grants a cost-of-living adjustment (COLA) which exceeds an across-the-board pay plan adjustment, the COLA shall not exceed the new range maximum unless approved by the City Manager.
7. PROMOTION. Upon successful completion of job performance criteria the City Manager may grant a salary increase to an employee receiving a promotion. If the new salary is below the minimum of the new range, it shall be increased to the new minimum.
8. REASSIGNMENT. Except when due to a demotion or a disciplinary action, an employee who is reassigned shall be paid at least the same salary received prior to the reassignment. If the new position is a higher level the employee may be adjusted based upon new responsibilities and will be brought up to at least the minimum of the new range upon successful completion of job performance criteria.
9. RECLASSIFICATION. The City Manager may deem it necessary to reevaluate a position’s grade and salary.
A. If the City Manager reclassifies a position to a higher level, then the incumbent’s salary maybe adjusted based on increased responsibilities but will be moved to at least the minimum of the new range upon successful completion of job performance criteria.
B. A reclassification increase is subject to the availability of funds.
C. If the City Manager reclassifies a position to a lower level, the incumbent’s salary shall remain the same. If the incumbent’s salary exceeds the maximum of the new range, the incumbent is ineligible to receive a salary increase until the salary range increases to incorporate the incumbent’s pay rate. An employee is ineligible to receive cost-of-living increases until the salary range increases.
1. PAY PERIODS. The Fair Labor Standards Act requires that wages be calculated on a weekly basis for employees not working in “public safety” activities, unless an exception is granted by the Department of Labor.
2. PAY DAYS. Paydays are every other Friday (26 pay periods per year). If the Friday is on a holiday, then payday shall be the preceding day. The City pays employees for the two preceding weeks from the Friday payday (i.e. if the payday falls on Friday July 10, the weeks paid will be June 19 through July 3).
3. MINIMUM WAGE/SALARY. The Fair Labor Standards Act requires that Herriman pay an employee at least the minimum wage, minus the legally required pay deductions.
4. PAY DEDUCTIONS. The City is permitted to withhold deductions authorized by the employee and/or at the direction of a state or federal agency for garnishments with proper legal documentation and in compliance with the Fair Labor Standards Act. An improper deduction should be immediately reported (normally within 48 hours after being paid) to payroll. In the event of an improper deduction, the City will reimburse the employee for any such improper deduction no later than the first payday following a timely determination that the deduction was improper. If any deduction is found to be improper, the City will make good-faith effort to avoid any such improper deduction in the future for that employee and for any similarly situated employee. Any employee who believes that a deduction is improper should discuss the matter with payroll, who will promptly (normally within 24 hours) make an initial determination as to whether the deduction is proper. If the employee is not satisfied with that deduction, then within 48 hours of receiving notice of the decision, the employee may file with the City Manager a written appeal which states the basis for disagreeing with the deduction. The City Manager shall promptly consider the matter and issue a final decision (normally within 96 hours). The employee may appeal the final determination in accordance with state and federal requirements as applicable.
5. TIMESHEETS. As a general rule, timesheets are to be submitted to payroll administration by 10am on the Monday after the end of a pay period. Employees are responsible to ensure their timesheets are accurate, approved by a supervisor, and are submitted on time. Timesheets received late may delay payment.
6. PAY STUBS. Employees will receive paystubs by email and can obtain copies of paystubs as needed through the payroll department.
7. PAYMENT. Employees receive their paychecks through direct deposit. If direct deposit is not feasible for an employee, paper checks may be provided through the finance department.
8. EMPLOYEE RESPONSIBILITY. Payroll will make reasonable efforts to ensure accurate payroll reporting; however, employees are ultimately responsible to ensure correct deductions and payments are made. Employees are responsible to provide timely communication of errors to the payroll department. Additional deduction amounts or payments may be required to correct past recording errors.
1. GENERAL POLICY. With prior approval, legitimate expenses will be reimbursed by the City to the employee. Receipts are required to reimburse the employee. Reimbursement will usually be made to an employee on their next paycheck and following the submission and approval of receipts. Records must be kept, reflecting the amount of reimbursement each employee has received.
2. TRAINING AND CONFERENCES. If attending mandatory training, seminars, conferences, or briefings, an employee will be compensated, in addition to paying any tuition or fees, according to The Fair Labor Standards Act for overtime and hours worked.
3. TRAVEL POLICY. The general rule is that employees will be compensated for all time traveling according to the Fair Labor Standards Act. Certain exceptions may apply like the travel is overnight and outside of regular working hours and on a common carrier and where no work is done.
A. All travel outside of City limits during work hours shall be authorized by the employee’s supervisor. A log of all such travel may be requested. This log shall include the reason for the trip, the time the employee departed, and the time the employee returned, and vehicle used.
B. Travel for legitimate City purposes in City vehicles may be authorized when the use of the vehicle does not detract from the operational needs of the City. Overnight use of City vehicles for travel purposes shall be authorized by the employee’s supervisor.
C. If travel is outside the range of service of the City’s repair shop, travel costs in conjunction with the use of City vehicles shall be paid by the employee with receipts being kept for reimbursements.
D. Travel over 75 miles from the employee’s normal place of work must be approved by the employee’s supervisor.
E. Prior to traveling, employees will be responsible to research and provide information to the employee’s supervisor with estimated travel costs, fees, and accommodations. Estimated costs will be reviewed by the supervisor, City Manager and Human Resources to ensure practicality and budgetary means are followed. If such recommendations and approval in advance are not possible, the City shall reimburse to the employee the amount of the cost of such sleeping and travel accommodations after receiving the appropriate receipts to verify the employee has expended their own money for such purposes. Failure to produce a receipt in such circumstances will necessitate the withholding of reimbursement. Receipts for hotel accommodations shall be turned into the City by the employee as a verification of attendance no matter what the form of payment.
F. Use of an employee’s personal vehicle may be authorized when circumstances warrant. The employee shall keep track of the mileage associated with the approved travel and submit a request for reimbursement to payroll based upon this record. Mileage reimbursement will be paid at the rate set by the IRS.
G. All registration fees, etc., will be paid in advance. If this is not possible, the employee will be reimbursed for their own expenditure for registration fees, etc. after presentation of a valid receipt in conjunction with previously authorized travel.
H. The actual, reasonable expenses incurred shall be reimbursed to employees with respect to travel. No reimbursement will be paid for personal expenses or items of personal convenience or for spouses or other travelers with employees.
I. If an employee is at a required training during the lunch hour, lunch will be provided for, or reimbursed by, the City.
J. Annual training for each department is subject to the discretion of the department director and must be approved by the department director in accordance with budget allowances.
K. All training will be tracked by the employee’s department in conjunction with Human Resources.
4. Travel and Business Expense Reimbursement Policy. All approved expenses incurred must be in accordance with your individual departmental budget. If you are unclear as to your expense budget, please contact your Department Head or Finance Director prior to incurring any expenses.
A. This policy is designed to accomplish the following key points:Ensure all employees have a clear and consistent understanding of policies and procedures for business travel and expenses. Ensure employees are reimbursed for legitimate business travel and entertainment expenses. Provide employees who must travel with a reasonable level of service and comfort at the lowest possible cost. Maximize City’s ability to negotiate discounted rates with preferred suppliers and reduce travel expenses. Provide the appropriate level of accounting & business controls for the City to ensure that expenses are reviewed and approved by the appropriate person.
B. Responsibility. All travel must be approved in advance using the Travel and Training Request Form as depicted in Attachment 1 as well as travel rules in Section XVI of the City Policy and Procedures Manual. **All travel involving outside the continental United States will require specific approval by the City Council.
The traveler is responsible for complying with Travel Policies. The manager who approves and signs expense reports is responsible for the appropriateness of the expenditures and accurately reviewing expense reports for compliance. Employees traveling will be allowed to use a Herriman City (“City”) purchasing card for all reasonable and necessary expenses while traveling on authorized city business or entertaining related to City business. Employees shall reimburse City for expenses that are not in compliance with this policy. The City Manager or Finance Director must approve any deviation from this policy.
C. Enforcement. Employees who do not comply with this policy may be subject to delay of reimbursement, denial of future travel, and/or loss of City Purchasing Card privileges in accordance with the City’s Purchasing Card Use Policy and may result in discipline in accordance with the City’s Policy and Procedures Manual, including termination of employment with Herriman City.
D. Purchasing Card Rewards. All rewards that are accrued by use of the City purchasing cards will be for the benefit of the City. An employee using purchasing card rewards for personally will be subject to disciplinary action in accordance with Herriman City’s Policy and Procedures Manual.
E. Alcoholic Beverages. Any use of alcoholic beverages while traveling for the City must be within the rules set forth in the City Policy and Procedures Manual Section IV.
(1) No employee shall unlawfully manufacture, dispense, possess,use, or distribute any controlled substance, medication, or alcohol.
(2) No employee shall consume alcoholic beverages immediately before work, during work hours, or while at work during breaks or lunches.
(3) No employee shall be impaired by alcohol, illegal drugs, or medication during work hours or while on call.
(4) No employee shall represent Herriman in an official capacity while impaired by alcohol, illegal drugs, or medication.
Use of the City purchasing card to purchase alcoholic beverages is prohibited.
F. Reporting Guidelines. Employees must submit documentation as outlined in the Purchasing Card Use Policy in Section VII of the Policy and Procedures Manual. In the event the employee pays the expenses the reimbursement will be paid on the first payroll following full documentation and approval.
(1) Documentation Requirements. Employees must provide the following information in order to be reimbursed for any business related travel, meals, or entertainment expenditures:Names of individuals present, their titles and company name Name and location of where the meal or event took place Exact amount and date of the expense Receipts for all expenditures Air – original passenger receipt Hotel – hotel folio plus purchasing/credit card receipt or other proof of payment Car Rental – purchasing/credit card receipt or rental agency invoice Entertainment – credit card receipt or register receipt for all expenses Meals – purchasing/credit card receipt or register receipts for meals expenses (i) Names of individuals present, their titles and company name (ii) Name and location of where the meal or event took place (iii) Exact amount and date of the expense (iv) Reason for the expenditure
Please note: Receipts must be itemized, many restaurants and hotels give a total and an itemized. The itemized receipt is required.
(2) When a receipt is not available, a full explanation of the expense and the reason for the missing receipt is required. Actual bills/receipts must be submitted whenever possible; photocopies will be acceptable only with a detailed explanation as to why the original is unavailable. Receipts must include the name of the vendor, location, date, and dollar amount. All expenses must be reported, regardless of how they were paid. The following receipts are acceptable:Original receipt completed by the vendor Customer’s copy of purchasing/credit card slip Credit card billing statement, only in the unusual case where it is not possible to obtain the actual receipt Original phone bill IRS-approved electronic ticket receipt
(3) Incorrect or Incomplete Expense Reports/Purchasing Card Log. Expense reports that are incorrect, incomplete or include disorganized receipts:Will be returned to the approver for completion May result in delay or non-reimbursement of specific items
Disregard for company policy or altering of receipts can result in disciplinary action up to and including termination per the City Policy and Procedures Manual.
G. The Finance Department has specific responsibility to arrange travel for employees and should be used whenever possible.
H. Air Travel. All travel reservations should be made through the finance department. When traveling by air:Employees are expected to use the lowest logical airfare available Employees are expected at least 7-day advance notice purchases Employees are expected to use non-direct flights when the savings are substantial
(1) Upgrades for Air Travel. Upgrades for air travel are not reimbursable or paid by the City. If an employee wishes to upgrade, it is done at the employee’s expense. Employees may not use City purchasing card rewards if any to secure upgrades. Purchase of commercial airline travel insurance will be at the employees’ expense.
(2) Cancellations. When a trip is cancelled after the ticket has been issued, the traveler should inquire about using the same ticket for future travel. In the event the change in travel plans are for the employee benefit they will reimburse the City for the cost if the ticket results in additional charge or non-refunded amounts. If the change in travel plans is due to extenuating circumstances the City Manager will have discretion to excuse the repayment.
(3) Unused/Voided Airline Tickets. Unused airline tickets or flight coupons must never be discarded or destroyed as these documents may have a cash value. To expedite refunds, unused or partially used airline tickets must be returned immediately to the finance department.
(4) Lost or Stolen Airline Tickets. Immediately upon discovery of a lost/stolen ticket, the traveler must:Report the loss to the travel agent/issuing authority who will file the lost ticket application Fill out a lost ticket application at the airline ticket counter
(5) Airport and Train Station Parking. When parking at an airport or train station is part of business travel, it is expected that employees will utilize Long Term parking lots. Short Term parking fees will ordinarily not be approved.
I. Auto Travel: Care Rental. Employees may rent a car to get to their destination when driving is more cost effective than airline or rail travel. Employees may rent a car at their destination when it is less expensive than other transportation modes such as taxis, airport limousines and airport shuttles, or when entertaining customers. Whenever multiple employees are traveling together, every effort to rideshare or carpool must be made.
Employees must reserve a car in the compact rental car category. When picking up a rental car, check with the rental car agent for any promotional rates, last-minutes specials, or free upgrades. At the time of rental, inspect the car and be sure that any damage found is noted on the contract before the vehicle is accepted.
When plans change, employees are responsible for working with the finance department to cancel rental car reservations.
Employees may book a car rental class of service one level higher when:The traveler can be upgraded at no extra cost Two or more company employees are traveling together Entertaining customers Cars in the authorized category are not available Transporting excess baggage such as booth displays
Domestic travelers should always accept the collision insurance offered by rental agencies but should decline all other offered insurances. International travelers should accept all insurances offered. Additionally, whenever possible, the prepaid gas option should be declined.
Rental cars must be returned as follows:To the original rental city unless approved for a one-way rental Intact (i.e. no bumps, scratches, or mechanical failures) On time, to avoid additional hourly charges With a full tank of gas
Should a rental car accident occur, employees should immediately contact the rental Car Company, local authorities (as required), and the Human Resource Department.
J. Taxi/Shuttle/Parking Fees. The use of airport shuttles and taxis upon arrival at the employee’s destination is the preferred mode of transportation. Make sure to ask for a receipt if one if not offered. This documentation aids in the expense-tracking process.
K. Business Use of Personal Vehicle. It is preferred where possible that travel be in a City vehicle when available as specified in Section XX of the City Policy and Procedures Manual.
(1) Herriman-owned vehicles should be used for official business whenever practical. Employees using privately owned vehicles for official business must receive prior written authorization from the employee’s supervisor to use a privately owned vehicle for official business.
(2) A mileage allowance equal to the standard mileage rate allowed by the IRS, which may vary from year to year, for actual mileage traveled, will be paid to employees for use of a privately owned vehicle used for official business.
(3) Operators and passengers, if any, shall observe all traffic laws, including proper use of safety belts.
(4) Operators must hold a valid Utah driver’s license and valid vehicle insurance.
Employees may use their personal vehicle for business purposes if it is less expensive than renting a car, taking a taxi, or using alternate transportation. Personal vehicles may also be used when transporting company goods for delivery or entertaining clients.
It is the personal responsibility of the vehicle owner to carry adequate insurance coverage for their protection and for the protection of any passengers. Employee Handbook requires that employees who regularly use their personal vehicle for company business maintain minimum of $100,000/$300,000 bodily injury coverage and $50,000 property damage coverage on their vehicles.
Mileage is reimbursed at the rate established by the IRS. This mileage allowance is in lieu of actual expenses for gasoline, oil, repairs, tags, insurance, and depreciation. Therefore, actual expenses for those items will not be reimbursed when your personal vehicle is used for business.
To be reimbursed for the use of your personal vehicle for business, employees must list on the expense report:Date and purpose of the trip Locations traveled to and from Mileage
L. Lodging/Hotel. Hotel reservations should be made in such a manner as to secure the best available rate and must be booked through the Finance Department. Employees are required, whenever possible, to use properties in the Moderate category. When attending conferences that have prearranged special rates the employee is permitted to stay at the location of the conference. As a guide the GSA rates are listed at https://gsa.gov/portal/category/100120. In case of cancellation:Employees are responsible for working with the Finance Department to cancel the reservation Employees will be held responsible and will not be reimbursed for “no-show” charges unless there is sufficient proof that the billing is in error or circumstances were beyond the employee’s control Employees should request and record the cancellation number in case of billing disputes Employees should not that cancellation deadlines are based on the local time of the property
M. Meals. Personal meals are defined as meal expenses incurred by the traveler when dining alone on an out-of-town business trip. GSA per diem for meals. This amount is a guideline that may need to be adjusted for more costly areas with approval by the City Manager.
N. Business Meals Taken With Other Employees. Business-related meals taken with other employees are approved only in the following circumstances:When a business/community leader is present, the amount must be reasonable as approved by the City Manager When, for confidentiality reasons, business must be conducted off city premises Birthday lunches as approved in the annual City budget
The following documentations is required by the IRS, must be recorded on the expense report and must be contemporaneous meaning they can’t be recreated after the fact:Names of individuals present, their titles, and company name Name and location of where the meal or event took place Purpose of the meeting Exact amount and date of the expense
Meal expenses are not appropriate between employees that do not have a direct reporting relationship.
Employees who are attending a conference are expected to participate in meals provided by the conference. Meals will not be provided if the employee chooses not to have the meals at the conference.
O. Non-reimbursable Items. Be sure to note that the following items are NOT reimbursable under this policy:Airline club / Country club membership dues Parking tickets or other fines Delinquency fees / Finance charges for personal credit cards Excess baggage charges unless it is for the benefit of the City such as booth displays Expenses for travel incurred by companions / family members Expenses related to vacation or personal days while on a business trip Loss / Theft of personal funds or property / lost baggage Avoidable “No-Show” charges for hotel or car service Non-Compulsory insurance coverage Rental car upgrades Repairs due to accidents Excessive mini-bar charges
Never assume that an item will be covered under the “Miscellaneous” category. Be sure to check with your manager if an item you need is not outlined specifically in this policy.
Be sure to note that the following will not be reimbursed under any circumstances:Gentleman’s Club membership dues or “expenses” Escort services (neither men or women) Gambling expenses
P. Approval/Authorization Process. The approval process will follow the same procedure as outlined in the Purchasing Card Use Policy as follows:Complete the “Purchasing Card Log” form as depicted as Attachment 2 or “Expense Report” form as depicted as Attachment 3; Attach itemized receipts supporting each expenditure to the purchasing card statement and Monthly Summary of Purchases; For each purchase, note the departmental expense account code to be charged; Acknowledge approval of the expenditure; Verify that the expenditure has been made for official purposes by signing and dating the statement; If applicable, obtain approval of Cardholder’s supervisor
In addition, the person in attendance with the most senior title must put the expense on his/her purchasing card/expense report to facilitate review by a more senior person not in attendance. Remember:Traveler is responsible for complying with the Travel & Business Reimbursement Expense Policy Manager who approves and signs the expense report is responsible for reviewing the report for compliance
1. WORKERS COMPENSATION. All employees and City sponsored volunteers are covered by Workers Compensation which provides medical reimbursement and disability benefits for job-related illness or injury.
A. Reporting the accident or illness is critical to qualify for payment under workers compensation. If an employee is injured while on the job, no matter how minor, the circumstances must be reported to Human Resources immediately. The employee must complete a Form 122 (First Report of Injury or Illness) and give it to Human Resources. Human Resources will then be responsible to send a copy to the insurance carrier who will submit the claim to the Industrial Commission (which is a division of the Labor Commission) within seven (7) days of the date of injury.
B. Employees injured on the job must seek appropriate medical attention from the City’s recommended medical facility, except in the case of an emergency. It is the responsibility of the employee to tell the doctor the injury happened on the job and should be billed as a workers compensation claim. The doctor will complete a medical report and copies of this report should be sent within seven (7) days to the insurance carrier, the Industrial Commission, and to the injured worker (Please Note: Do not submit doctor or hospital bills for on-the-job injuries or illness to the regular medical plan).
C. An employee does not accrue benefits while receiving workers compensation payments. The employee is responsible to contact Human Resources for additional information on compensation and benefits coverage.
D. Employees may use accrued vacation, compensatory time, or PTO to make up the difference between workers compensation benefits and their base pay.
E. Employees are required to provide medical status reports while off the job by contacting the employee’s supervisor or department director to report on their condition. Failure to provide the required medical status reports may result in revocation of the leave and/or disciplinary action.
F. All employees must return to work after the approval of the attending physician. A statement from the attending physician stating the employee is able to resume normal or modified duties will be required before returning to work. Failure to return to work when directed may result in disciplinary action.
G. With doctor approval, employees may be released for light duty with the employee’s supervisor approval. Supervisors will work with the employee for light duty responsibilities. An employee who is able to return to work in light duty status may be required to work in a different department and perform duties not contained within their current job classification.
H. At the time of final release or settlement of a workers compensation claim, if no vacancy exists, and, if a reasonable effort, which has proven to be unsuccessful, has been made to place the employee in another position, the employee may be terminated and paid any accrued benefits due unless the employee is protected by an additional Federal Law.
2. SOCIAL SECURITY/FICA. Contributions of the employee and the City will be made in accordance with the provision of the law. The City has not opted into Social Security. Therefore, earnings from this job are not covered under Social Security. When an employee retires, or if he/she become disabled, they may receive a pension based on earnings from this job. If they do, and they are also entitled to a benefit from Social Security based on either their own work or the work of their husband or wife, or former husband or wife, their pension may affect the amount of the Social Security benefit they receive. Medicare benefits, however, will not be affected.
3. INSURANCE. All insurance products provided by the City are benefits and are not guaranteed. Each year and in accordance to approved budget, benefit coverage and premium costs will be evaluated. Insurance is provided to regular full-time employees working more than 30 hours a week.
A. Benefits Determination – The City uses the following to determine full-time employment status for health insurance benefit coverage in accordance to the Affordable Care Act.
(1) Measurement Period – The Measurement Period “or look-back period” is a safe harbor method to provide employers the option to use a look-back measurement period of up to 12 consecutive calendar months to determine whether variable hour employees or seasonal employees are full-time employees, without being subject to a payment under § 4980H for this period with respect to those employees. This period goes from Jan. 1 to Dec. 31 of the previous year.
For a new hire or if an employee changes from a full-time status (30+ hours/week) to a part-time status (less than 30 hours a week), benefits will be determined on a monthly look back schedule until a new measurement period begins.
(2) Stability Period – The period of time a “variable hour” employee that averaged 30 hours during the measurement period would be treated as a full-time employee regardless of the employee’s number of hours of service during the stability period, so long as he or she remained an employee. The stability period cannot be less than the measurement period. This period goes from Jan. 1 to Dec. 31 of the current year.
(3) Administrative Period – The administrative period includes all periods between the start date of a new variable-hour or seasonal employee and the date the employee is first offered coverage under the employer’s group health plan, other than the initial measurement period. This provides a period of time to evaluate eligibility and to complete the benefit enrollment process. This period is 30 days from an employee’s start date or change in status date.
B. Medical and Dental Insurance. The City pays 80% of the cost of health and dental insurance for an employee and their family. With a High Deductible medical plan, City Council may also approve allocations into Health Saving Accounts for employees.
C. Medical and Dental Insurance Opt Out. If an eligible employee elects to not take City health insurance and/or dental insurance, the City will reimburse that employee 50% of the City’s portion of the premium of the lowest cost plan.Payment Options: As medical and dental insurance are pretax contributions, all opt-out contribution payments must be made into one of the following employee accounts: a. 401k b. 457 c. Individual Retirement Account d. Health Saving Account (HSA) if possible through direct payroll deposits. Qualification Requirements. In order to qualify an employee: a. Must show eligible coverage from another qualified plan that meets the federal requirements and annually complete a waiver each year during open enrollment (July 1, each year). b. No one from the employee’s family may be enrolled in the City’s health insurance, except in the situation where two members of the same family are benefit-eligible City employees. c. If two members of the same family work for the City and are eligible for the City’s medical insurance and one employee choses to enroll in the City’s insurance, the other employee may choose to opt-out and receive the waiver credit. d. The employee will be required to provide Human Resources a document that proves that he or she has other health insurance coverage. Typically, this is known as a Certificate of Credible Coverage, Confirmation of Coverage, or HIPAA Certificate, and can be obtained from the medical insurance provider in which the employee is enrolled. The certificate must show everyone covered on the plan and the dates of coverage. The employee will be required to provide an updated certificate annually during open enrollment (July 1, each year). Re-enrollment. An employee may re-enroll for City health coverage only during open enrollment or if the employee has a qualifying event. A qualifying event as recognized by the health plan’s underwriting rules usually includes: a. Marriage or Divorce b. Birth or adoption of a child c. Death of a family member d. Loss of coverage of the employee or subscriber e. Change in hours, which results in change of employment hours Re-enrollment Process.In order to re-enroll in the City health insurance program, the employee must notify the Human Resources Department within thirty (30) days of the qualifying event and provide written documentation of same. If the employee has a qualifying event and needs to re-enroll in the City’s sponsored insurance, the employee’s “opt-out” benefit shall be stopped for the time the employee re-enrolls into City health benefits.
D. Life Insurance. Basic life insurance policy may be provided for each employee.
E. Disability Insurance. The City may also provide short-term and/or long-term disability insurance as budgeted.
F. Insurance Termination, Transition, and Conversion. (1) Termination. When an employee is terminated from employment with the City, the City will cease making contributions to the employee’s insurance plans. (2) Transition. Certain circumstances may require an employee to not have enough working hours or paid time off to cover their insurance premiums. If an employee is unable to Work for the City for longer than three (3) months, arrangements may be made with Human Resources for the employee to pay the additional premiums required. Medical/Health Insurance, Dental and Life Insurance may be converted on termination in accordance with the terms of the individual policies. This is an individual responsibility that should be made directly between the individual employee and the City. (3) Conversion to COBRA. (a) The Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985 is available for those employees who resign or are terminated from employment or if work hours are reduced which makes the employee no longer eligible to participate in the state group health insurance plans. Employees may have the right to continue to participate in a COBRA program through the state for up to eighteen (18) months at the employee’s expense, subject to current state and federal law. The administration of this plan for the City is through a third-party provider who will coordinate the process and provided the required information and deadlines. Employees who elect COBRA coverage will be required to pay the full premium amount for the selected insurance plans plus any additional administrative fees accepted under the law. (b) Eligible dependents may also extend coverage, at their expense, for up to thirty-six (36) months through the state health insurance plans in the event of the employee’s death, divorce, legal separation, or entitlement to Medicare benefits, or when a child ceases to be eligible for coverage as a dependent under the terms of the plan, subject to current state and federal law.
4. STATE AND FEDERAL UNEMPLOYMENT. All employees whether regular, part time, or temporary are covered by the benefits of State and Federal Unemployment.
5. CONTINUING EDUCATION. Employees are encouraged to obtain continuing education through attendance at job-related seminars or continuing education. This benefit can be provided to regular part-time and full-time employees. Requests for this benefit must be approved in advance by the employee’s supervisor.
A. Training Required by the City. When the City requires an employee to attend any education or training course, conference, seminar, or certification course, the City will provide the necessary time off with pay and will reimburse the employee for all associated costs including tuition or registration fees, authorized travel, meals, and lodging.
B. Higher Education and Tuition Reimbursement. Employees are encouraged to further their education and pursue a bachelor’s or master’s degree that will enhance their job performance with the City. Subject to an approved budget line item(s) and employment for at least one year and upon advance approval of the employee’s supervisor, and City Manager and upon successful completion of relevant training courses, employees shall be reimbursed for 80% of unreimbursed tuition (e.g. tuition not covered by scholarship, G.I. Bill or Pell Grants) not to exceed $4,000 per fiscal year upon presentation of proper receipts. Proof of successful completion will include one of the following: (1) A certificate indicating successful course completion from an accredited university. (2) A grade point average of 2.4 or higher on a 4.0 (A, B, C, D) scale. (3) A grade pass on a pass/fail grading system. (4) Class(es) must be completed within the same fiscal year for which the reimbursement is claimed.
C. Employees who are reimbursed for tuition must continue to work for the City after their education is complete based on the amount of reimbursement paid and the years of credit they receive on a one-for-one basis. For example, for one year of college attended by an employee for which reimbursement has been paid pursuant to a continuing education program, one year of employment is required. If the employee leaves employment during the required employment period, an amount of reimbursement will be calculated, and the employee will be required to pay the City such amount through a personal payment plan or through a payroll deduction if the payment does not conflict with compensation laws.
D. An exception to the repayment requirement may be granted by the City Council.
6. RETIREMENT SYSTEM. Additional details are available from the Utah Retirement System and Human Resources.
A. All full-time City employees are covered by the Utah Retirement System, unless otherwise authorized by the City Council according to State Law. (This is in addition to their Social Security or equivalent coverage).
B. All part-time City employees are covered if required by state law.
C. The cost of this program is paid for by the City as set by state law.
D. The City may also provide a match for a 401(k) or 457 type contribution as budgeted from time to time by the City Council.
E. Additional retirement benefits may be approved by the City Council as part of recruiting or retaining employees.
1. GENERAL POLICY.
A. Pursuant to the Family and Medical Leave Act (“FMLA”), Herriman provides (1) up to a total of twelve (12) work weeks of unpaid, job-protected leave in the applicable twelve (12) month period for eligible employees for the birth and care of a newborn child of the employee, for placement with the employee of a son or daughter for adoption or foster care, to care for an immediate family member (spouse, child, or parent) with a serious health condition, or to take medical leave when the employee is unable to work because of a serious health condition; (2) up to twelve (12) weeks of unpaid, job-protected leave in the applicable twelve (12) month period for eligible employees with respect to any “qualifying exigencies” arising out of the active duty or call to active-duty status of a spouse, son, daughter, or parent; and (3) up to twenty-six (26) weeks of unpaid, job-protected leave in a “single twelve (12) month period” for eligible employees to care for a covered service member with a serious injury or illness. For purposes of this part, applicable twelve (12) month period means a rolling twelve-month period measured backwards from the date an employee uses any FMLA leave.
B. A “serious health condition” for the twelve (12) week FMLA leave includes an illness, injury, impairment, or physical or mental condition that involves inpatient care in certain medical facility or continuing treatment by a health care provider.
C. The special twenty-six (26) weeks of unpaid, job-protected leave applies to eligible employees who are spouses, sons, daughters, parents, or next-of-kin of a covered serviceman with a serious injury or illness. A covered serviceman is a current member of the armed forces, including members of the National Guard and Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise an outpatient status, or is otherwise in the temporary disability retired list, for a serious illness or injury. A serious injury or illness is one that was incurred by a service member while on active duty that may render the service member medically unfit to perform the duties of his office, grade, rank, or rating. The “single twelve (12) month period” for leave to care for leave to care for a covered service member with a serious injury or illness begins on the first day the employee takes leave for this reason and ends twelve (12) months later. An eligible employee is limited to a combined total of twenty-six (26) work weeks of leave for any FMLA qualifying reason during the single twelve (12) month period (only twelve (12) of the twenty-six (26) total may be for FMLA qualifying reasons other than to care for a service member). The special twelve (12) weeks of job-protected leave applies to eligible employees for quality exigencies with respect to the employee’s spouse, son, daughter, or parent that is on active duty or has been notified of an impending call or order to active duty, in support of contingency operations. Qualifying exigency leave is available to family members of a military member in a National Guard or Reserve, but not regular armed forces.
D. “Qualifying exigencies” include attendance at certain military events and related activities, child care and related activities, making or updating financial and legal arrangements, attending certain counseling, up to five days to spend time with covered military family members on rest and recuperation, attending certain postdeployment activities, agreed-upon activities and short-term deployment.
E. “Intermittent leave” or a “reduced-leave schedule” may be taken “when medically necessary” to care for a seriously ill family member or because the employee is seriously ill and unable to work, to care for a covered service member with a serious injury or illness, or for qualifying exigency arising out of the active-duty status or call to active duty of a covered military member. Intermittent leave or a reduced leave schedule for the birth and care or placement for adoption or foster care is subject to Herriman’s approval. (1) Intermittent leave is leave that is not taken consecutively. (2) A reduced-leave schedule is a leave schedule that reduces the usual number of hours per work week or hours per work day.
2. ELIGIBILITY. To be “eligible” for FMLA leave, an employee must:
A. Have worked for at least twelve (12) months by Herriman (special rules apply to returning reservist under the Uniform Services Employment and Reemployment Rights Act (USERRA)).
B. Have worked for at least one thousand two hundred fifty (1,250) hours over the previous twelve (12) months (special rules apply to returning reservist under the USERRA).
3. REQUEST, NOTICE, AND MEDICAL CERTIFICATION REQUIREMENTS. Employees seeking to use FMLA leave are required to provide 30-day advance notice of the need to take FMLA leave when the need is foreseeable and such notice is practicable.
A. If leave is foreseeable, but 30 days’ advance notice is not practicable, the employee must provide notice as soon as practical generally, either the same day or next business day. When the need for military family leave is not foreseeable, the employee must provide notice to the employer as soon as practicable under the facts and circumstances of the particular case.
B. An employee does not need to specifically assert his rights under FMLA, or even mention FMLA, when giving notice. The employee must provide “sufficient information” to make the employer aware of the need for the FMLA leave and the anticipated timing and duration of the leave.
C. When intermittent leave is needed to care for an immediate family member or the employee’s own illness, and is for planned medical treatment, the employee must try to schedule treatment so as not to unduly disrupt the City’s operations.
D. When an employee notifies the City of their request for FMLA leave, the City will require verification to confirm the validity of the request. The City may require medical certification supporting the need for leave due to a serious health condition affecting the employee or an immediate family member, second or third medical opinions (at the employer’s expense), and periodic recertification and provide reports during FMLA leave regarding the employee’s status and intent to return to work.
E. In cases of military leave, employees must provide the City copies of the military member’s active-duty order and certification providing the appropriate facts relating to the particular qualifying exigencies for which leave is sought, including contact information if the leave involves meeting with third parties or certification completed by an authorized health care provider or a copy of a “Invitational Travel Order” (“ITO”) or “Invitational Travel Authorization” (“ITA”) issued to any member of the covered serviceman’s family. Second and third opinions and recertifications are not required for certification of a covered serviceman’s serious illness or injury or for qualifying exigencies. Human Resources (but not the employee’s supervisor) may authenticate or clarify medical certification of a serious injury or illness, or an ITO or ITA.
4. BENEFITS AND EMPLOYMENT STATUS.
A. During the FMLA leave, Herriman will maintain the employee’s health benefit coverage under any “group health plan” that the employee has with Herriman on the same terms as if the employee had continued to work. While on paid FMLA leave (because the employee is utilizing paid leave, such as vacation or PTO), the employee portion of health insurance will be deducted from the employee’s check, as usual. While on unpaid FMLA leave, the employee will need to make arrangements to pay their share of health insurance premiums. If the employee- paid portion of health insurance premium is more than thirty (30) days late, Herriman’s obligation to maintain such insurance will cease. Herriman, or its designee, will provide written notice at least fifteen (15) days prior to the date coverage will be canceled. The employee will have fifteen (15) days after the date of such notification, or thirty (30) days from the date premium was due, whichever is greater, to make the required premium payments. If the employee fails to pay his portion of health insurance premiums, the employee will lose health insurance coverage. Herriman is not responsible for maintaining non-health care-related benefits paid directly by the employee through voluntary deductions. Herriman may recover premiums it paid, if any, to maintain health insurance for an employee who fails to return from FMLA leave, unless the failure to return to work is due to the continuation, reoccurrence, or onset of a serious health condition or other circumstances beyond the employee’s control.
B. The use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s FMLA leave. However, nothing in this Section shall be construed to entitle an employee to the accrual of any seniority or employment benefits during any period of an employee’s FMLA leave. For purposes of this Section, employee benefits means benefits provided or made available to employees by Herriman, including group life insurance, health insurance, disability insurance, and paid leave time. With respect to retirement benefit purposes, any period of FMLA leave will be treated as continuing services for purposes of vesting and eligibility to participate but will not be treated as credited services for purposes of benefit accrual, vesting, and eligibility to participate.
C. An employee may elect to use accrued paid leave to cover some or all of the FMLA leave. An employee electing to use accrued paid leave to cover some or all of the FMLA leave must give notice of such election pursuant to Section XIX hereof.
D. Upon return from FMLA leave, most employees will be restored to the employee’s original, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment.
The City may provide paid time off to employees as a benefit. Managers have discretion to determine when time off may be approved as time off is not a right to employees unless legally protected.
1. ABSENT WITHOUT APPROVED LEAVE.
A. Any unauthorized absence of an employee from duty shall be grounds for disciplinary action.
B. Any employee who is absent for three (3) or more consecutive work days without authorized leave or without a doctor’s note shall be deemed to have voluntarily resigned their position and employment without notice. Where extenuating circumstances are found to have existed; however, such absence may be covered by the City Manager by subsequent grant of leave with or without pay as the circumstances dictate.
2. ANNUAL VACATION.
A. Except as provided by Contract, each full-time employee shall receive annual vacation leave (“vacation”) at the following rate:
Tenure with the City Accrual Per Hour Worked Annual Accrual Amount Up to 5th year anniversary 0.0385 2 weeks 5th year anniversary up to 10th year anniversary 0.0577 3 weeks 10th year anniversary up to 15th year anniversary 0.0769 4 weeks 15th year anniversary and up 0.0962 5 weeks
Note: annual accrual amounts are based on an employee’s average hours during a work week.
B. Managers and Directors will accrue an additional week of vacation in addition to the accruals above.
C. Previous years of Utah Retirement System experience may be taken into account for tenure purposes with the approval of the City Manager. If an employee is receiving Utah Retirement system benefits/payments, years of service will not be taken into consideration.
D. Part-time employees who are normally scheduled to work less than twenty (20) hours per week shall not accrue annual vacation.
E. Persons hired on an emergency, temporary, internship, or contract basis shall not accrue annual vacation.
F. The City will allow employees to carry over up to 320 vacation hours at the end of every calendar year. Any accruals over 320 hours, at the end of the calendar year, will be bought back by the City and added to into the employee’s 401k or 457 retirement plan or an employee’s paycheck. The buyback percentages are based on tenure as listed below:After the 5 year anniversary the buyback will be at 50% After the 10 year anniversary the buyback will be at 70% After the 15 year anniversary the buyback will be at 90% After the 20 year anniversary the buyback will be at 100%
G. An employee who is separated from employment shall be compensated for 100% of accrued annual vacation time up to 320 hours. Any unused hours above 320 will be paid out per the buyback policy above. Vacation payout is considered a benefit and at separation will be deposited into an employee’s 401k or 457 retirement plan or paycheck per the City’s payroll reschedule and the URS’ deposit schedule.
H. All annual vacation requests should be submitted a reasonable time in advance of the desired time off to the employee’s supervisor. If an excessive amount of employees request annual vacation for the same time period, annual vacation shall be granted according to management discretion and usually on a first-come-first-served basis. An excessive amount is if the number of requests granted would render the department or organization ineffective.
I. Official annual vacation records will be maintained and kept current by the payroll department.
J. Vacation usage will be reported by the employee’s supervisors using approved forms.
K. Exempt employees are required to account for annual vacation in full-day increments.
3. HOLIDAY LEAVE.
A. Holidays which apply to regular employees working 20 hours a week or more, provided that such day is a regular work day for the part-time employee or scheduled time to work for the part-time employee, are: (1) New Year’s Day January 1st (2) Martin Luther King, Jr. Day 3rd Monday in January (3) President’s Birthday 3rd Monday in February (4) Memorial Day Last Monday in May (5) Independence Day July 4th (6) Pioneer Day July 24th (7) Labor Day 1st Monday in September (8) Thanksgiving Day 4th Thursday in November (9) Day after Thanksgiving 4th Friday in November (10) Veteran’s Day November 11 (11) Christmas Day December 25 (12) Day after Christmas (depending on the day of week and upon approval of the City Manager)
B. If any of the above holidays fall on Saturday, then the preceding Friday shall be the holiday. If any of the above holidays fall on Sunday, then the following Monday is the holiday.
C. A holiday which falls during an employee’s annual vacation shall be counted as a paid holiday and not as annual vacation.
D. For sworn officers who often work holidays as needed by the City, employees will accrue 1 (8 hour) holiday every month to use at their discretion. The City Manager will approve these situations.
4. SICK/BEREAVEMENT TIME OFF
A. Sick/Bereavement time off is to be used for personal leaves of absence which usually does not include vacation time. A supervisor may request a doctor’s note for 3 days of consecutive absences and may additionally require a return to work release.
B. Sick/Bereavement time shall be available to all full-time employees, part-time employees, and probationary employees.
C. Sick/Bereavement time accruals are added at each payday and accrue based on each hour worked. Employees will not be allowed to have negative accounts.
Employees scheduled:40 hours per week accrue .0462 per hour worked or 96 annual hours. At least 30 hours but less than 40 hours accrue .0462 per hours worked or 72 annual hours for 30 hour a week employees. At least 20 hours but less than 30 hours accrue.0462 or 48 annual hours for 20 hour a week employees.
D. The City will allow employees to carry over up to 600 Sick/Bereavement hours at the end of every calendar year. Any accruals over 600 hours, at the end of the calendar year, will be bought back by the City and deposited into the employee’s 401k or 457 retirement plan or added to an employee’s paycheck. The buyback percentages are based on tenure as listed below:After the 5 year anniversary the buyback will be at 25% After the 10 year anniversary the buyback will be at 30% After the 15 year anniversary the buyback will be at 35% After the 20 year anniversary the buyback will be at 40% After the 25 year anniversary the buyback will be at 45% After the 30 year anniversary the maximum buyback will be at 50%
E. An employee who is separated from employment shall be compensated for 25% of accrued annual Sick/Bereavement time up to 600 hours. Any unused hours above 600 will be paid out per the buyback policy above. Sick/Bereavement payout is considered a benefit and at separation will be deposited into an employee’s 401k or 457 retirement plan or on their paycheck per the City’s payroll reschedule and the URS’ deposit schedule.
F. Use of Sick/Bereavement Time. (1) In order to qualify for Sick/Bereavement use, an employee must notify the employee’s supervisor no later than one (1) hour after normal starting time on each day of absence unless the circumstances surrounding the absence make such notification impracticable. The employee’s supervisor should also be kept advised of the employee’s progress and expected date of return to duty. (2) Any absence beyond accrued Sick/Bereavement will result in the employee being carried on vacation status until all accrued vacation has expired, then be carried in a leave-without-pay status. (3) Exempt employees are required to account for Sick/Bereavement in full-day increments. (4) Non-exempt employee should have a minimum of a 2 hours usage of Sick/Bereavement. Anything less than that should be taken during a lunch break. (5) Common uses of Sick/Bereavement may be: (a) Sick Time (b) Dentist and Doctor Appointments (c) Make up time for shortage of holiday hours (d) FMLA time off (e) Bereavement or Funeral leave
5. MATERNITY LEAVE.
A. An employee who becomes pregnant, or whose legal or common law spouse becomes pregnant, may continue working, prior to the birth of the child, until such time as the employee can no longer satisfactorily perform the essential functions of their duties. The employee may be granted vacation, PTO, and/or leave without pay for this period of absence. Regulations governing vacation, Sick/Bereavement, and leave without pay will apply.
B. During a maternity leave period in excess of thirty (30) calendar days, an employee’s annual vacation, Sick/Bereavement, and/or time toward their performance evaluation, if applicable, shall not accrue.
C. The City may fill vacancies created by maternity leave with temporary or provisional appointments. At the expiration of the maternity leave, the employee shall return to the same position, where feasible, or to a similar position. Failure of the employee to return to work at the expiration of maternity leave shall be considered a voluntary resignation of their position and employment without notice.
6. MILITARY LEAVE. An employee shall be granted leave with compensation for the difference in salary for active duty, for service in the National Guard or in the Armed Forces reserves.
7. JURY LEAVE. An employee may be granted leave with full pay when performing jury duty or when required to serve as a witness in any City litigation in any municipal, county, state, or federal court, or before an administrative tribunal. Any compensation received by the employee must be turned back to the City. Paid leave will not be granted when the employee is serving as his own witness in financial and related suits which he has initiated.
8. ADMINISTRATIVE LEAVE WITH PAY.
A. While performing authorized duties. An employee may be placed on administrative leave with pay, as determined by the City, or an employee may be granted administrative leave with pay to perform authorized duties in connection with City business, attend trade or professional meetings which relate to official duties, participate in recognized and authorized training programs, or facilitate the needs of the City.
B. Pending possible disciplinary action. An employee may be granted administrative leave with pay pending the outcome of an investigation undertaken to determine if disciplinary action against the employee is warranted. While an employee is on administrative leave with pay pending possible discipline, the employee must be available for work assignments, must leave a contact telephone number, and must be in close proximity to the City.
9. LEAVE WITHOUT PAY.
A. The City Manager may grant an employee leave without pay for a specified period of time, not to exceed one (1) year. At the expiration of the leave without pay, the employee shall return to the same position, where feasible, or to a similar position. Failure of the employee to return to work at the expiration of leave without pay shall be considered a voluntary resignation of their position and employment without notice.
B. A leave without pay shall not constitute a break in service. However, during a leave without pay period in excess of thirty (30) calendar days, an employee’s time toward their performance evaluation, if applicable, shall not accrue.
C. Leave without pay may be granted or imposed: (1) For education purposes when the employee’s course of study will be of direct benefit to the City, their absence will not be a hardship for their department, and the employee agrees to return to work at the end of the leave-without-pay period, as set forth herein. (2) To attend funerals or attend to an ill or injured member of the employee’s immediate family when the absence is not covered by Sick/Bereavement. (3) For pending disciplinary actions.
D. Employees are expected to apply for leave without pay in advance and in writing, providing as much detail about the absence as possible so that the City Manager may decide where the leave without pay is warranted.
10. DOCUMENTATION OF LEAVE. Some of the above absences must be supported by a copy of the official paperwork causing the absence or the employee’s election to use PTO to cover some or all of the FMLA leave. Such paperwork must be submitted to the City Manager as soon as possible. In some cases where official paperwork is not available, the City Manager may request that the employee supply additional information in writing to support the absence.
PURPOSE. The purpose of this policy is to govern the use of the City’s Closed-Circuit Television (CCTV) cameras and overt electronic recording. This policy applies to all use of the City’s (CCTV) monitoring and/or recording. This policy is established to set parameters of (CCTV) in public places and to enhance public safety and security in a manner consistent with accepted rights of privacy.
SCOPE/BACKGROUND. The City of Herriman recognizes that improvements and changes in technology can greatly enhance public safety and law enforcement efforts. The City is implementing this method of crime deterrence by strategic placement of closed-circuit television cameras (CCTV) in Herriman City facilities.
Past U.S. Supreme Court and lower court decisions strongly suggest that this type of monitoring is a valid exercise of a government’s police powers. Under current interpretations of the First and Fourth Amendments, (CCTV) represents a valid use of the state’s power to protect its citizens. It does not intrude upon any individual’s sphere of privacy, but rather records events occurring in public space for which individuals do not have a reasonable expectation of privacy.
This policy applies to systems that enable continuous or periodic routine video monitoring on a sustained basis. Legitimate uses of this technology are covered by this policy and applicable state and federal law.
DEFINITIONS“Extracting” means copying images from the hard drive or Internet site to some other media (CD ROM, USB device, etc.). “Monitoring” means real-time viewing or viewing footage stored on a hard drive. “Personnel” means authorized Administrative Personnel from Herriman City and the Unified Police Department of Greater Salt Lake. “Recording” means capturing images on a computer disk or drive, Internet storage site, CD-ROM, or USB device 24 hours a day, seven days a week, yearlong.
GENERAL PRINCIPLES. The City is committed to enhancing the quality of life in Herriman City by integrating professional police practices with available technology. A critical component of security and safety through technology is (CCTV) in public areas. The principle objectives of (CCTV) monitoring and/or recording in public areas include:Promote a safe environment by preventing/deterring acts of theft, vandalism, harassment, and/or assault. Assist in identification of individuals involved in criminal activity on City owned or managed property. Assist in the safe daily operation of City parks and related facilities. Assist law enforcement agencies in investigating criminal activity.
To assure there is no violation of a person’s reasonable expectation of privacy, (CCTV) cameras shall be focused on public areas and the images shall not be used or disseminated improperly. Safeguards will ensure that the technology is not abused.
The City shall comply with all local, federal and state case law applicable to the use of surveillance cameras in public space.
(CCTV) monitoring and/or recording will be conducted in a professional, ethical, and legal manner. Only Administrative Personnel approved by the Herriman City Manager will have access to the (CCTV) camera system. Violations of this policy and procedures may result in disciplinary action and may subject those involved to criminal and/or civil liability under applicable state and federal law.
Information obtained through video monitoring and/or recording will be used exclusively for safety, security, and other legitimate purposes. Information obtained through monitoring and/or recording will only be released in accordance with this policy or as required by law.
(CCTV) monitoring and/or recording of public areas will be conducted in a manner consistent with all City policies, including the Sexual Harassment Policy and other relevant policies. Except for police investigations involving person(s) whose description is known, this policy prohibits monitoring and/or recording based solely on characteristics and classifications (e.g., race, gender, sexual orientation, national origin, disability, etc.).
(CCTV) monitoring of public areas, dwellings, and businesses in the City of Herriman is limited to uses that do not violate the reasonable expectation of privacy as defined by law.
To maintain an informed community, the City will list on its web page information describing the purpose and location of (CCTV) cameras and the policy for its use.
All recording or monitoring of public areas for security and safety purposes by City authorized cameras is limited exclusively to practices that will not violate the standards of a reasonable expectation of privacy as defined by law.
RESPONSIBILITIES. Director of Informations Technology Systems: The Director of Information Technology Systems (ITS) will be responsible to oversee and coordinate the use of public cameras in the City. The (ITS) Director has primary responsibility for ensuring adherence to this policy and for disseminating the policy to persons requesting information on the policy and procedures.
The (ITS) Director is responsible for following new developments in the relevant laws and in security industry practices to ensure that (CCTV) monitoring and/or recording in the City is consistent with high standards and protections.
The Herriman City Manager has the responsibility to authorize all (CCTV) monitoring for safety and security purposes in the City.
The (ITS) Director is responsible for reviewing request(s) for installation and/or placement of security cameras, developing a recommendation on the request(s), and forwarding that recommendation to the Herriman City Manager.
INSTALLATION APPROVAL. Placement at other City facilities or buildings, such as City Hall, other City properties, public parks, open space areas, public streets or other public locations, requires approval by the Herriman City Manager.
When seeking approval, Department Heads will address the following issues and concerns in supporting their request:Objectives for implementing the system. Use of equipment, including: a. Location of cameras. b. Location of equipment. c. Personnel authorized to operate the system. d. Times when monitoring will be in effect (and staffed, if applicable). Other deterrence or detection measures that were considered, and why video monitoring is the best solution. Any specific, verifiable reports of incidents of crime or significant safety concerns that have occurred in the location to be placed under video monitoring. Possible effects of the proposed video monitoring system on personal privacy, if any, and how they will be mitigated. Appropriate consultation with stakeholders, including the public or reasons why this is not necessary. Signage strategy advising the public that video monitoring is occurring. Approach to installing and maintaining the system. Fiscal impact and availability of funding.
A. Training/Oversight.All personnel operating the (CCTV) system will be trained in the technical, legal, and ethical parameters of appropriate camera use. a. Personnel will receive a copy of this policy and provide written acknowledgement that they have read and understood its contents. The Herriman City Human Resource Department will document the Access Level given to individual and place a copy of the Acknowledgement of Policy and Access Level given to the individual in their personnel file. b. Personnel will receive update training on this policy as needed. In circumstances in which (CCTV) cameras are monitored, all personnel involved in monitoring and/or recording of public areas will perform their duties in accordance with the law and this policy. The Director of (ITS) or his/her designee will ensure that responsible and proper camera monitoring/recording practices by personnel are followed by conducting periodic audits of the (CCTV) camera system.
B. Operating Procedures. Nothing in this policy is intended to limit the reasonable and legal use of the (CCTV) cameras during exigent circumstances involving matters of public and/or officer safety.The (CCTV) cameras will be monitored by Herriman City approved personnel. The Director of (ITS) will assign a designee to periodically review video systems to insure they are functioning properly and recording correctly using the proper date/time stamp. A Police Officer will be dispatched to any area in which a crime, offense, motor vehicle accident, public safety risk, traffic problem, or other incident which necessitates police intervention. (CCTV) cameras shall be used to observe locations that are in public view and where there is no reasonable expectation of privacy. Any view provided by a (CCTV) camera shall be no greater than what is available from the public vantage point. (Exception) Prisoner Holding cells that are located in the Herriman City Justice Court. Personnel shall not monitor/record individuals based on characteristics of race, gender, ethnicity, sexual orientation, disability, or classification such as national origin, etc. protected by state and federal laws. Personnel will monitor/record based on suspicious behavior, not individual characteristics. EXCEPTION: Police investigations involving person(s) whose description is known. Personnel will not continuously view people displaying affection in public areas, unless such activity is criminal in nature. The monitoring equipment will be configured to prevent personnel from tampering or duplicating recorded information without authorization. Personnel sial not disseminate information learned from monitoring (CCTV) public cameras unless such release complies with the law, this policy of other information release laws or policies. Camera positions and views of residential housing shall be limited. Any view given to housing will be no greater than what is available with unaided vision.
Furthermore, the view of a residential housing facility must not violate the standard of “reasonable expectation of privacy.”
C. LOCATION AND DIRECTION OF VIDEO MONITORING EQUIPMENT. Permanent, fixed-mounted cameras will not be placed in areas where a reasonable expectation of privacy is standard, such as inside restrooms. (Exception) Prisoner holding cells in Herriman City Justice Court.Cameras located internally will not be directed to look through windows to areas outside the building, unless necessary to protect external assets, provide for the personal safety of individuals or deter criminal activity from occurring. Cameras will not be directed to look into adjacent, non-City owned buildings. Placement of cameras will also take into consideration physical limitations such as availability of power, cell reception and reasonable mounting facilities.
D. NOTIFICATION PROCEDURESClearly written signs will be prominently displayed at the perimeter of video monitoring areas advising the public that video monitoring is occurring. The Parks Department will post signage at appropriate locations. Signage will state: THIS AREA IS SUBJECT TO VIDEO MONITORING BY HERRIMAN CITY.
E. RETENTION, EXTRACTION AND STORAGE PROCEDURES. Recorded video records will be stored until the record is superseded by being overwritten with new records, unless retained as part of a criminal investigation or court proceedings (criminal or civil), or other bona fide use as approved by the Herriman City Manager.
Images obtained through video camera monitoring/recording must be retained for a length of time deemed appropriate for the lawful purpose.
Video recorded images will be stored in a secure location with access by authorized personnel only.
Only the (ITS) Director or his/her designee shall be authorized to extract (CCTV) security camera footage from the server. Only Herriman City Executive Staff members and Law Enforcement can request copies of (CCTV) security camera footage from the server.
Law Enforcement Request: Law Enforcement will provide Herriman City with a case number in order to retrieve a copy of (CCTV) security camera footage from the server.
Executive Staff Request: Executive Staff will submit a request for a copy of (CCTV) security camera footage to the (ITS) Director. Request must be approved by the Herriman City Manager. The request will include the reason why the Executive Staff member is requesting the (CCTV) security camera footage.
Any (CCTV) security camera footage extracted for investigation purposes shall be stored in a manner that will exclude access by unauthorized personnel. Video footage, which is evidence, will be processed and stored in the appropriate Law Enforcement evidence room. A copy of the (CCTV) security camera footage will be copied to a CD and then given to Law Enforcement.
Executive Staff copies of (CCTV) security camera footage will be placed on a CD and given to the Executive Staff member requesting the footage. Herriman City prohibits the duplication and distribution of this CD for any reason.
F. ACCESS LEVELS.
Tier One Access – A “System Administrator” (SA) that has complete access to the security camera system. The SA shall be responsible for system functionality, maintenance, software upgrades, and overall operational support for the system.
Tier Two Access – Identified staff with system permissions to review both live and historical events as required by one of the defined purposes set forth in these guidelines and with system permissions to download events to other digital medium when required by one of the defined purposes. (Restricted from viewing Herriman City Justice Court Holding cells in any capacity.)
Tier Three Access – General “live” viewing access given to Herriman City personnel. Such access allows for selectively viewing an appropriate camera. (Restricted from viewing Herriman City Justice Court Holding cells in any capacity.)
Except for those persons identified in the “Tier 1 – Tier 3 Access”, no others may monitor the security cameras except in the case of an immediate emergency endangering the safety of employees or visitors to Herriman City facilities or members of the public or as required to maintain the system or train authorized persons.
G. DISTRIBUTION AND DISCOVERY. Recordings from Herriman City (CCTV) cameras shall be treated as other forms of direct evidence and subject to discovery and disclosure in accordance with law.No security camera recordings shall be distributed other than indicated above in the absence of a valid court order or pursuant to the laws governing discovery in a criminal prosecution. Due to the heightened privacy concerns associated with a video recording, when appropriate, court orders limiting the public dissemination of Security Camera recordings shall be secured prior to distribution. Citizens seeking (CCTV) security camera recordings from Herriman City through a GRAMA request will be denied. Utah State Code exempts (CCTV) security video from GRAMA request.
1. GENERAL POLICY. The following general safety rules will apply in all agency work places. Each work unit may prepare separate safety rules applicable to the specific nature of work in their area but not in conflict with these rules. This policy outlines the procedures that shall be followed by employees utilizing Herriman owned vehicles and equipment or personal vehicles used for official Herriman business. Herriman recognizes the benefits to the community when employees are able to use Herriman owned property for incidental personal use in addition to the primary use of fulfilling the employee’s duties. To enable employees to use Herriman owned property that has been issued to them in a manner that best serves the public, employees are authorized to use or possess any Herriman owned property issued to them for any incidental personal use, so long as the property is used in a lawful manner.
This policy deems that any public property issued to an employee is properly in that employee’s possession and that the employee’s use or possession of said property is to fulfill their duties as a public servant. This policy concludes that incidental or personal use or possession of public property by the employee is authorized by this policy.
This policy is enacted to satisfy the requirements of a written policy to eliminate criminal exposure for an employee’s use of Herriman owned property under Utah Code Ann. § 76-8-402.
A. Proper licensing and extreme caution are required by all employees operating any type of power equipment.
B. Employees will use safety equipment appropriate to the job, such as safety glasses, gloves, toe guards, back supports, and hard hats, if required or appropriate to the work performed.
C. Employees will avoid wearing loose clothing and jewelry while working on or near equipment and machines. Long hair will be properly secured.
D. All accidents, regardless of severity, personal or vehicular, shall be reported immediately to the supervisor/manager.
E. Defective equipment will be reported immediately to the employee’s supervisor.
F. Employees will not operate equipment or use tools for which licensing and training has not been received.
G. In all work situations, safeguards required by State and Federal Safety Orders will be provided.
H. Due to the potential risk of serious injury or death, employees are prohibited from entertaining, or caring for, guests or family members in or around inherently dangerous work areas. These areas include, but are not limited to: (1) Road repair (2) Construction areas (3) Vehicle maintenance areas (4) Swimming pools (5) Animal control (6) Water pumping/storage/treatment facilities
2. PERSONAL POSSESSION OR USE OF HERRIMAN OWNED PROPERTY SUCH AS EQUIPMENT, TOOLS, AND SUPPLIES. Employees are authorized to possess Herriman owned property such as equipment, tools, or supplies provided it is not for the purpose to deprive as defined in Utah Code Ann. § 76-6-404. Employees are authorized to use Herriman owned property such as equipment, tools, or supplies for incidental personal use. Incidental personal use of Herriman owned property such as equipment and tools includes use that does not interfere with the employee’s job performance, the use does not substantially diminish the value of the Herriman owned property such as equipment and tools, the use is for training or skill developments, the use does not incur substantial cost to the City, or the use is implicitly authorized by an adopted budget so long as the property is used in a lawful manner. Provided however employees are not authorized to use Herriman equipment or tools for unauthorized secondary employment purposes or for private financial gain (other than that as an employee) that involves the exchange of goods, services, or money such as conducting an outside business. By way of illustration and not limitation incidental personal use means use or consumption of office supplies, use or consumption of first aid supplies, or use or consumption of lunch room supplies.
A. Employees shall be required to attend training provided by Herriman; including an explanation of job hazards, safety procedures and training on all equipment, tools, etc., necessary for the accomplishment of the employee’s job description. Employees may attend additional training as approved by Herriman.
B. A commercial driver’s license (CDL) is required for operators of commercial motor vehicles with a current medical card. No individual shall be allowed to operate such vehicles unless they have a current commercial driver’s license in their possession. This license is required pursuant to the Commercial Motor Vehicle Safety Act. Employees must renew their commercial driver’s license at four (4) year intervals.
C. Operators and passengers must wear a properly adjusted and fastened safety belt, if available, when the vehicle or other equipment such as backhoes, tractors, etc. is in operation. Employees operating Herriman owned vehicles, other equipment, and private vehicles used for official Herriman business shall observe all traffic laws.
3. VEHICLE POLICY/GENERAL POLICY. Herriman provides Herriman owned vehicles for transportation of employees for official business use. Herriman also provides mileage reimbursement for use of privately owned vehicles used for transportation of employees for official business use. The following outlines Herriman’s vehicle policy.
A. Privately owned vehicles. (1) Herriman-owned vehicles should be used for official business whenever practical. Employees using privately owned vehicles for official business must receive prior authorization from the employee’s supervisor to use a privately owned vehicle for official business. (2) A mileage allowance equal to the standard mileage rate allowed by the IRS, which may vary from year to year, for actual mileage traveled, will be paid to employees for use of a privately owned vehicle used for official business. (3) Operators and passengers, if any, shall observe all traffic laws, including proper use of safety belts. (4) Operators must hold a valid Utah driver’s license and valid vehicle insurance.
B. Herriman owned vehicles. Employees are authorized to possess Herriman owned vehicles provided it is not for the purpose to deprive as defined in Utah Code Ann. § 76-6-404. Except as provided below, employees are authorized to use Herriman owned vehicles for incidental personal use. All Herriman owned vehicles are property of Herriman and are used for appropriate work related activities. Herriman has a responsibility to our residents to use Herriman owned vehicles appropriately and also provide accurate information to our insurance on how Herriman owned vehicles are being used and operated. All Herriman owned vehicles may be tracked, inspected and audited at any time for proper mileage, destinations, and cleanliness. Herriman has the right to track Herriman owned vehicles through GPS with the intent to help determine proper use of Herriman owned vehicles. Any misuse or abuse of a Herriman vehicle may result in disciplinary action up to and including termination. (1) Because of the nature of certain positions and the heavy use of a vehicle, Herriman may assign a city-owned vehicle to a specific employee(s). Other employees who are not assigned a city owned vehicle may use a pool vehicle as needed. (a) It is the responsibility of the driver of a Herriman owned vehicle to require all passengers to follow Herriman rules and policies while in a Herriman owned vehicle. Drivers of Herriman-owned vehicles or equipment shall not be permitted to carry nonemployee passengers in or on any such vehicle, with the following exceptions: (i) Other persons engaged in or advising on matters relating to Herriman services or improvements. (ii) Other persons who are being transported as part of a regularly approved Herriman activity. (iii) Managers and directors and “on-call” employees may use Herriman owned vehicles for limited transport of employees’ family members. (b) Herriman owned vehicles must be stored at the Herriman Offices or Herriman Maintenance facilities unless used as an on-call vehicle or City Manager approves otherwise. (c) Incidental personal use of Herriman owned vehicles includes personal use provided the use does not interfere with the employee’s job performance, the use does not substantially diminish the value of the Herriman owned vehicle, the use is for training or skill development, the use does not incur substantial cost to the City, or the use is implicitly authorized by an adopted budget so long as the property is used in a lawful manner. Provided however employees are not authorized to use Herriman owned vehicles for unauthorized secondary employment purposes or for private financial gain (that than that as an employee) that involves the exchange of goods, services, or money such as conducting an outside business. By way of illustration and not limitation incidental personal use means stopping at the grocery store, dry cleaners or other personal errands on the way to work or on the way home or taking children to school in the morning or picking children up from school in the afternoon. (d) Transporting acids, explosives, unauthorized weapons, ammunition, hazardous materials, or flammable materials unless such transport of aforementioned materials is specifically related to employment duties is unauthorized. (e) Irregular operational conditions or problems with Herriman owned vehicles shall be promptly reported to the employee’s supervisor. (f) Operator and passengers shall observe all traffic laws, including proper use of safety belts. (g) Operator must hold a valid Utah driver’s license and, if applicable, CDL and will follow and comply with all state and federal regulations, along with Herriman rules and policies. Verification of a valid driver’s license are continually performed, and random drug tests will also be required for CDL drivers. (h) Employees must report to Human Resources any changes in the status of their driver’s licenses such as suspension, revocation, or expiration. Periodic checks will be made to ensure that employees have a current driver’s license. Driving privileges may be revoked and disciplinary action up to termination may accompany any employee who is unable to legally drive due to violation points or an invalid license. (i) Employees shall keep Herriman owned vehicles clean and presentable. Vehicle maintenance will be provided in accordance with Herriman fleet maintenance standards and procedures. (j) Extending the length of time that the Herriman owned vehicle is in the operator’s possession beyond the time needed to complete the official purpose of the trip is unauthorized. (k) Under no circumstances may Herriman owned vehicles or equipment be operated by on or off-duty employees who are consuming, or who have within the previous eight hours, consumed alcoholic beverages, or are under the influence of drugs or medications that may diminish one’s ability to operate machinery. (l) It is the responsibility of the department directors to make spot inspections, along with quarterly inspections of Herriman owned vehicles assigned to their department employees to ensure compliance with this policy. (m) Unattended Herriman owned vehicles must be turned off and locked at all times. (n) Employees are responsible for the regular preventative maintenance, routine and non-routine, appearance and cleanliness of Herriman owned vehicles, both interior and exterior, and to turn in monthly inspection reports which will be submitted as required at the end of every month. (o) Employees shall at all times drive Herriman owned vehicles with reasonable prudence in order to protect and preserve the Herriman owned vehicles highest operating efficiency. (p) Employees shall report any damage or maintenance issues to their supervisor and the Fleet Department. (q) If a problem makes the vehicle unsafe or risks mechanical damage, the employee shall promptly report such condition to their supervisor and fleet management so it can be serviced or repaired. (2) If the employee is traveling for official business and the official business is scheduled for the beginning of a working day or at the end of a working day, then the employee may take a Herriman owned vehicle home for such day, provided the employee receive prior authorization from the employee supervisor and City Manager and the Herriman owned vehicle remain parked off the road until used to transport the employee for official business or to the employee’s place of work.
1. GENERAL POLICY. The safety of our staff is a priority to the City. Many of the City’s positions are inherently dangerous and the City will at a minimum follow OSHA standards and will also actively create safety procedures and trainings.
2. POSTING UOSHA NOTICES. Herriman will post all required UOSHA notices in conspicuous places (such as employee bulletin boards or where similar notices are usually posted). Employees may obtain additional information from the Safety Officer when they have questions about any of the standards which are provided under UOSHA.
3. INSPECTION PROCEDURES. All employees should follow the procedures listed below in the event an inspector from UOSHA presents themselves on the job site.
A. If an inspector arrives on the job site, an employee should understand that they are not authorized to offer any information requested by the inspector.
B. The employee will inform the inspector that the employee will contact the employee’s supervisor, who will accompany the inspector during any inspection.
C. Human Resources should make sure that all employees know who they are required to contact, including all alternates, in the event an UOSHA inspector shows up on the job site.
D. If the UOSHA inspector does not reveal the appropriate credentials at the outset of the inspection, the supervisor should ask the inspector to reveal their credentials and should examine them before allowing an inspection of the job site.
E. Employees should not refuse an inspection of the job site where the inspector does not have a warrant to inspect.
F. If the credentials are appropriate, and before beginning the inspection, the supervisor should ask the inspector the reason the inspection is being conducted. If it is routine, no further requests are required. If the inspection was due to an employee complaint, the supervisor should request a copy of the complaint. This will help Herriman correct any safety problems (Please Note: Under no circumstances should the information received on an employee complaint be used for disciplinary action toward an employee as this type of action is prohibited by law).
G. The supervisor should accompany the inspector during the entire inspection of the job site.
H. The supervisor should take notes throughout the entire inspection. The supervisor should note every comment and observation made by those participating in the inspection. The supervisor, accompanying the inspector, should not volunteer any unsolicited information.
4. ACCIDENT REPORTING PROCEDURES.
A. Employees who are injured in connection with employment, regardless of the severity of the injury, must immediately notify Human Resources or their supervisor, if possible, who will ensure prompt and qualified medical attention is provided and all required UOSHA reports are completed. Employees who do not and/or will not accept qualified medical attention when directed by Herriman shall be subject to disciplinary action.
B. Human Resources will investigate the job-related injury to determine the cause of the injury.
C. Herriman shall contact UOSHA within twelve (12) hours of the occurrence of any job-related death, disabling, serious, or significant injury, and/or any occupational disease.
D. Herriman shall file the required report with UOSHA within seven (7) days after first knowledge or notification of an injury or occupational disease resulting in medical treatment, loss of consciousness, loss of work, restriction of work, or transfer to another job. Minor injuries such as scratches and cuts do not need to be reported to UOSHA if they require only minor first-aid treatment.
E. Herriman shall keep a copy of the UOSHA report in their UOSHA File.
F. Herriman shall give the employee a copy of the UOSHA report and explain the employee’s rights and responsibilities concerning the work related injury or occupational disease.
G. If an employee later dies as a result of work related injury, Herriman shall file a report with UOSHA within seven (7) days of first knowledge or notification of the death.
1. GENERAL POLICY. Herriman shall have a written confined space entry policy, if required in accordance with Volume 29 Code of Federal Regulation 1910.146.
2. REQUIREMENTS. When required, the written confined space entry policy shall include at least the following:
A. Annual training on confined space issues.
B. A review of potential confined spaces.
C. A permitting system for entering permit-required confined spaces.
D. A rescue plan for managing confined space incidents.
E. Protocols for managing contractors doing work in Herriman’s confined spaces.
F. A list of the appropriate personal protective equipment and hardware (hoists, winches, gas monitors, respirators, and ventilation gear) required for safe entry and exit.
1. GENERAL POLICY. Herriman has developed the following Disaster Response Plan using, in part, a Disaster Response Planning Guide. All employees will be expected to adhere to this Disaster Response Plan to the maximum extent possible and practicable.
2. EMPLOYEE DISASTER NOTIFICATION.
A. Supervisors are responsible for notifying all Herriman employees of the disaster response action to be taken in the event of a disaster or pending disaster, if possible.
B. Notification for Herriman employees will be made using the system developed by Herriman.
3. DISASTER RESPONSE PLAN.
A. It is imperative that employees and their families be prepared for emergencies. Employees should have 72-hour kits, and their families need to understand that employees must return to work.
B. Employees already at work will assess the disaster and take whatever evasive action is deemed necessary, within the law, to protect themselves, their fellow employees, and the public in general. (1) Employees will report to the employees’ supervisors as soon as practical and await instructions. (2) Use of all Herriman vehicles, equipment, tools, and office items, including telephones and computers, will be used only as directed by an employee’s supervisor during an emergency situation. (3) Employees will be allowed to contact their families as soon as the employees’ supervisors can allow this action to be taken.
C. Employees not at work will assess the disaster and take whatever evasive action is necessary, within the law, to protect themselves and their families and contact the employees’ supervisors as soon as practical for further instructions.
D. An employee may not refuse to comply with an order to evacuate issued or refuse to comply with any other order issued by the governor in a state of an emergency or by a chief executive office in a local emergency. Utah Code Ann. § 76-8-317 provides that failure to comply is a Class B Misdemeanor.
4. SUSPICIOUS PERSON OR ASSAILANT THREATS.
A. Be Prepared. Herriman has developed the following procedures to be followed in the event that a suspicious person or assailant is in the area: (1) Employees will use the surname of the Mayor or City Manager, that they are addressing, repeated again, to alert the Mayor or City Manager of a threatening situation. An example following this procedure would be: “Mr. (Last name of the Mayor), Mr. (Last name of the Mayor), could you please come to the front desk.” (2) Employees will physically signal to the employees’ supervisors or employees that a threatening situation exists. An example following this procedure would be: “An employee would momentarily rub both of their ears with both of their hands at the same time.”
B. Be Observant. Herriman has developed a Suspicious Persons or Assailants Identification Checklist for employees to use. Features and physical characteristics that employees can remember about suspicious persons or assailants will greatly help local law enforcement officials in the apprehension of suspects.
5. TELEPHONE BOMB THREATS.
A. Be Calm and Courteous to the Caller. Employees will notify the employees’ supervisors using a prearranged signal while the caller is on the line. An example following this procedure would be: Throwing a pencil or other small item near the employee’s supervisor, followed by rapidly waving the arm to get their attention. The employee will communicate with the employee’s supervisor by using or passing notes. The employee will not attempt to talk to the employee’s supervisor by putting their hand over the phone and talking or whispering.
B. Be Attentive. Herriman has developed a Telephone Bomb Threat Checklist for employees to use. Voice characteristics, background noises, and bomb threat details that employees can remember about suspicious persons or assailants will greatly help local law enforcement officials in the apprehension of suspects.
6. MAIL LETTER AND PACKAGE BOMB THREATS.
A. Be Cautious. Visually assess the letter or package and inform the employee’s supervisor of anything unusual. It is always better to be safe than sorry!
B. Be Careful. Herriman has developed a Mail Letters and Packages Bomb Recognition Checklist for employees to use. Unusual weight, shape, or other details that employees can remember about suspicious persons or assailants will greatly help local law enforcement officials in the apprehension of suspects.
7. SUSPICIOUS ARTICLE THREATS. Be Alert. Report all suspicious articles to a supervisor. Do not touch, pick up, shake, or attempt to move, any articles of a suspicious nature.