This policy for the employees of the City of Auburn was adopted by the Auburn City Common Council on December 3, 2003, December 7, 2005 and amended on September 20, 2011. All or any part of this policy is subject to change by the City Common Council in accordance with Article 6 of this document.

Any provision in this policy which conflicts with State and/or Federal statutes is controlled by the State and/or Federal statutes. This policy supersedes all other policies prior to its adoption.

These policies and procedures do not create any form of contract of employment between the City of Auburn and any employee. These policies apply to all employees of the City of Auburn and employees of the City Utilities. Additional policy provisions are set forth in Code Sections 41.00, 42 .00 and 43.00 to cover specific Civilian, Fire Protection, and Law Enforcement employee policy.

It is the desire of the City Council that the policies be so expressed that they will not be misunderstood and at the same time will provide the flexibility under which the department heads, management and the city elected administration may implement and execute these policies for the betterment of the citizens of the City of Auburn and the employees of the City of Auburn.

Each individual employed by the City must comply, as a condition of employment, with the provisions of this Policy and any related procedures and work rules and must perform his/her assigned duties in a responsible manner creditable to the City. As such, all City employees are expected to become knowledgeable about the contents and abide by the policies set forth in this Policy. Any questions, concerns, or lack of understanding about a particular provision of this Policy should be promptly discussed with your Department Head or Supervisor or Human Resources Director.

 A)   A copy of this Policy shall be given to all current employees of the City and to all  new employees. All employees who receive a copy of this Policy must, as a  condition of employment, sign a document acknowledging that they received a  copy of the Policy.

 B)   The policies and procedures in this Policy may be revised as the City deems  necessary. Only the Common Council of the City of Auburn has the authority to  revise these policies and procedures. See Article 6.

   1) Provide staffing, funds, time, and equipment so that employees can work               safely and efficiently.

   2) Demand safe performance from each employee and express this demand               periodically and whenever the opportunity presents itself.

   3)  Delegate the responsibility for a safe performance to the Safety                  Committee, Supervisors, and Employees, as appropriate.

   4)  Hold every employee accountable for safety and evaluate performance   accordingly.

   5)  Advise management, supervisors and employees on safety policies and                procedures.    

   6) Coordinate with Human Resources to assure enforcement of the City's               drug/alcohol testing program.

   7) Assist Human Resources in the review of job specifications and                   job analysis to determine physical factors for specified job                     classifications and job descriptions.

   9) Post signs, notices, and instructions as needed or required.

  10) Periodically review Safety Program effectiveness and results.

   2) Establish and maintain a safety education and training program.

   3) Periodically conduct safety surveys, meetings, and inspections.

   4) Assure that all newly hired employees have been given a thorough                      orientation concerning his/her department and the City's overall Safety                  Program in coordination with Human Resources.

   5) Prepare and maintain safety records, analysis, evaluations, and reports to              improve the City's safety performance and comply with all insurance     regulations and internal procedures.

   6) Work with management, supervisors, and employees to maintain &                 implement new and ongoing safety programs and comply with                   recommendations provided by outside consultants and insurance                 companies.

   7) Review all accidents with management, supervisors, and/or employees and   ensure that corrective action is taken immediately.

   1) Establish and maintain safe-working conditions, practices, and processes.

   2) Observe work activities to detect and correct unsafe actions.

   3) Ensure that all injuries are reported promptly and cared for properly.

   4) Ensure proper completion of “First Report of Injury” and process as indicated           in Code Section 40.08 Section 1.8.

   5) Review all accidents with the Safety Committee Representative and the                  employee to correct the causes immediately.

   6) Investigate all accidents promptly using the prescribed investigation form.

   7) Consistently enforce safety rules/regulations, programs, and protective           measures (i.e. use of personal protective equipment, machine guarding,          proper clothing, etc.)    

   8)  Brief employees of any new hazards before they start work and host periodic   brief safety meetings to discuss safety practices related to job hazards and         safe work behavior specific to your department.      
   
   9)  Work with management, safety committee and employees to maintain &                 implement new and ongoing safety programs and comply with IOSHA               regulations and recommendations provided by outside consultants.

   1) Comply with all City of Auburn safety programs, rules, regulations,                        procedures, and instructions that are applicable to his/her own actions and       conduct.

   2) Refrain from any unsafe act that might endanger him/herself or fellow                  workers.    

   3)  Use all safety devices and personal protective equipment provided for his/her             protection.

   4)  Report all hazards, incidents, and near-miss occurrences to their immediate       supervisor and/or Safety Committee Representative, regardless of whether or   not injury or property damage was involved.

   5) Promptly report all injuries and suspected work related illnesses, however       slight, to his/her immediate supervisor.

   6)  Participate in safety committee meetings, training sessions, investigations,      and surveys as requested and provide input into how to improve safety.

   7)  Notify your Supervisor, Department Head or Safety Committee representative    immediately of any change in physical or mental condition or use of          prescription drugs that would affect your job performance or the safety of        yourself or others.

   8) Notify the Department Head and/or Human Resource Director or designee      within five days of any serious driving, drug/alcohol, or criminal convictions.

   9) Be a safe worker on (and off) the job. Help coworkers do their job safely.                Come to work everyday with a safe attitude.
 Everyone is accountable for safety. Management, Supervisors and the Safety Committee will establish safety objectives and develop accident prevention activities. All employees should strive to reach those objectives.
 
 Safety suggestions from employees are welcomed and encouraged. To make a safety suggestion, obtain a suggestion form from your Safety Committee Representative or the City's Intranet, complete the form, and return it to your Safety Committee Representative. The suggestion will be reviewed by the Safety Committee at their next meeting. Responses to suggestions will be discussed with the employee and documented by the Safety Committee and maintained on file.

 E)  Personal Protective Equipment:

1) In accordance with the Occupational Safety and Health Administrator rules, the City of Auburn is responsible for providing all necessary personal protective equipment (PPE).

2) The department head shall determine what personal protective equipment is necessary and provide the proper fit and training.
     

 In an effort to fulfill this commitment to a safe work environment for employees, citizens, vendors and visitors, all. visitors and visitor vehicles must register with the office of the department or city facility and display identification while on the property.

 B)   All weapons banned

 The City of Auburn specifically prohibits the possession of weapons on the person of any employee while on the work premises with only exception being job-related requirements. Employees are also prohibited from carrying a weapon while performing services off the city business premises

 Weapons include guns, knives, explosives, and other items with the potential to inflict bodily harm. Employees who are required to carry common or reasonable pocket knives, cutting tools, etc., in furtherance of their job duties shall not be in violation of this policy.

 This policy shall comply with and be applied consistently with Indiana Code provisions regulating the possession of firearms in accordance with Indiana Code 34-28-7 et al. as from time to time amended.

C)   Training programs

 As part of its commitment to preventing workplace violence, the City has established training programs for all employees. Training will be included as part of your orientation. Thereafter, you will be scheduled for periodic refresher training.

 Please be advised that training is mandatory and attendance will be taken. If you fail to attend training or make-up sessions, you will be subject to suspension without pay until training is completed.

 D)   Education offerings

 In order to promote a peaceful working environment, we encourage supervisors and employees to enroll in courses/seminars to learn more about working with each other. Courses covering communication, problem solving, building effective working relationships, stress management, and related or similar course topics may be offered in house through IPTV or outside seminars where appropriate.

 E)   Violence prevention

 If you have suggestions for ways to improve the safety and security at work, please complete an employee suggestion form and send to Human Resources for processing. The Department Head or Safety representative will work with Human Resources to address suggestions and/or concerns.

 A)  E-mail, computer, and voice mail systems are City property and are intended for     business, not personal, use. The systems are not to be used for personal use  unless specifically authorized. Employees have no right of privacy as to any  information or file maintained in or on City's property or transmitted or stored  through City's electronic information systems or other technical resources.

 B)  The City strives to maintain a workplace free of harassment and is sensitive to    the diversity of its employees and customers. Therefore, the City prohibits the     use of its electronic information systems in ways that are unlawful, disruptive,     offensive to others, or harmful to morale. For example, the display or           transmission of images, messages, and cartoons that may offend others           because of their sex, race, age, national origin, disability, or religion is           prohibited. Such misuse includes, but is not limited to, ethnic or racial slurs,        racial or sexual comments or jokes, or any other communication that shows        disrespect for others on the basis of sex, race, national origin, disability, religion,     or age.

 C)  Employees should remember that when they are using the City's electronic         information systems, they are creating City documents by using City property.     These documents are not private and may be read by others at the City and,        under some circumstances, by others outside the City.

 D)  Employees should also be aware that even though a message may be deleted     from the system, a record of it may remain either on the daily backups of all data     or in other ways. It is possible to re-create a “deleted” message. Therefore,         ultimate privacy of messages is not assured to anyone.

 E)  Violations of this policy may result in disciplinary action up to and including        termination. Employees learning of any misuse of the City's electronic           information systems or a violation of this policy must notify the City of such        misuse or violation immediately.

 F)  For related and additional information, please see the City's Network Policies        and Procedures.  

 A)   Employees should not clock in prior to the scheduled work period. Employees      who clock in after the scheduled work time will be considered tardy.

   1) Excused Absence

 For any absence to be considered “excused,” you must notify your supervisor PRIOR to the starting time of your regular shift or at a time established by the supervisor. Exceptions will be made only in unusual or extenuating circumstances. If your immediate supervisor is not available, another member of management must be contacted.

 Excused absences require prior supervisor approval except in unusual or extenuating circumstances. Excused absences include generally:

   2) Unexcused Absence

 An unexcused absence occurs when you fail to notify your supervisor you will be unable to work or your absence is unapproved. You will not be paid for unexcused absences.  

 B)   If you are absent from work for three consecutive days with an unexcused          absence and without notification, you will be considered as having voluntarily          quit. At that time, the City will advise the employee of the termination of the          employment relationship by certified mail.

 A) Personal Cellular Phones

1) While at work employees are expected to exercise the same discretion in using personal cellular phones as is expected for the use of other City of Auburn phones. Excessive personal calls, text messaging, and mobile web use during the workday, regardless of the phone used, can interfere with employee productivity and be distracting to others. A reasonable standard the City of Auburn encourages is to limit personal calls during work time. Employees are therefore asked to make any other personal calls to non-work time where possible and to ensure that friends and family members are aware of the City's policy. Flexibility will be provided in circumstances demanding immediate attention.

   2) The City of Auburn will not be liable for the loss of personal cellular phones      brought into the workplace.

 B)    Personal Use of City of Auburn-Provided Cellular Phones

   1) Where job or business needs demand immediate access to an employee the      City may issue a business cell phone to an employee for work-related                   communications. In order to protect the employee from incurring a tax liability            for the personal use of this equipment, such phones are to be used for               business reasons only. Phone logs will be audited regularly to ensure no                unauthorized use has occurred. The department head is responsible for               monitoring usage of department cellular phones.

   2)  Employees in possession of City of Auburn equipment such as cellular                phones are expected to protect the equipment from loss, damage or theft.                Upon resignation or termination of employment, or at any time upon request,             the employee may be asked to produce the phone for return or inspection.       Employees unable to present the phone in good working condition within the      time period requested (i.e. 24 hours) may be expected to bear the cost of a       replacement.

   3) Employees who separate from employment with outstanding debts for                    equipment loss or unauthorized charges will agree to reimburse the city or      authorize a payroll deduction from his/her last paycheck for the loss.                    Otherwise the employee will be considered to have left employment on               unsatisfactory terms and may be subject to legal action for recovery of the               loss.

 C)    Safety Issues for Cellular Phone Use

   1)  Employees whose job responsibilities include regular or occasional driving      and who are issued a cell phone for business use are expected to refrain               from using their phone while driving. Safety must come before all other               concerns. Regardless of the circumstances, including slow or stopped traffic,      employees are strongly encouraged to pull off to the side of the road and               safely stop the vehicle before placing or accepting a call. If acceptance of a      call is unavoidable and pulling over is not an option, employees are expected      to keep the call short, use hands-free options if available, refrain from                 discussion of complicated or emotional discussions and keep their eyes on      the road. Special care should be taken in situations where there is traffic;               inclement weather or the employee is driving in an unfamiliar area.    

   2)  Employees whose job responsibilities do not specifically include driving as an             essential function, but who are issued a cell phone for business use or use       of a personal cell phone while on city work time, are also expected to abide      by the provisions above. Under no circumstances are employees allowed to       place themselves at risk to fulfill business needs.

   3)  Employees who are charged with traffic violations resulting from the use of      their phone while driving will be solely responsible for all liabilities that result      from such actions.  

   4) Violations of this policy will be subject to discipline up to and including                    termination.

 D)    Special Responsibilities for Managerial Staff

 As with any policy, management staff is expected to serve as role models for proper compliance with the provisions above and are encouraged to regularly remind employees of their responsibilities in complying with this policy.

   1) Engineering;

   2) Legal;

   3) Police;

   4) Fire;

   5) Building, Planning and Development;

   6) Parks & Recreation Superintendent;

   7) Street/Recycling;

 B)   The City of Auburn operates the following utilities;

   1) Electric;

   2) Water;

   3) Water Pollution Control.

 A)  To become informed or aware of Federal, State, and local laws, and/or            regulations affecting their department;

 B)  To assume control of their department and its activities;

 C)  To function as a team with Human Resources to interview, recommend, and/or     hire, as the case may be, candidates for employment to fill any vacancies that     exist within their department;

 D)  To serve as an instructional leader in training employees in the department;

 E)  To work with the supervisory staff in performing their duties;

 F)  To maintain all records requested by law, rule, regulations, or request of Human      Resources, the Mayor and Clerk-Treasurer,

 G)   To maintain good working relationships with the employees in the department in   order to promote good morale and incentives for good workmanship;
 
 H)   To attend all meetings and activities as required by law or request of the Mayor      and Clerk-Treasurer;

  I)  To provide information needed for the purpose of purchasing necessary            equipment and supplies for their department and to promote bulk purchasing to     save city funds when possible by working with other departments as a team         effort.

 J)  To supervise office personnel in their department;

 K)  To keep all personnel informed on City matters;

 L)  To submit budget needs to the Mayor and Clerk-Treasurer;

 M)  To maintain the department within the fiscal bounds of the annual adopted         budget for their department;

 N)  To cooperate with all City of Auburn departments, administrative division, and     assist other department heads in performing the duties necessary;

 O)  To promote positive public relations between the City of Auburn and the citizens      of Auburn;

 P)  To see that all City policies are followed;

 Q)  To promote all safety measures to insure the health and welfare of the            employees in the department;

 R)  To evaluate the performance of all employees in the department and make         recommendations to Human Resources concerning promotion, classification,         suspensions, demotions, and/or dismissals;

 S)  To promote the philosophy of the “Management Team Concept.”

 A)   PURCHASING

As set forth by I.C. 5-22. The purchasing agency ensures that the City of Auburn follows requirements set forth by I.C. 5-22. The agency provides for the protection of offers, status of documents as public records, allows for unobstructed evaluation of offers, provides public records status of bids, and prepares a register of proposals.

B)   HUMAN RESOURCES

 The purpose is to provide effective Human Resource Management by developing and implementing policies and procedures, programs and services which contribute to the attainment of City of Auburn Government and employee goals by:

   2)  Ensuring a diverse workforce in a safe and discrimination/harassment free            environment by: maintaining compliance with all local, state and federal                employment laws and government regulations; providing management and            employee training;

   3)  Providing training and development in areas of: effective leadership and                career development of employees, employment law and government                    regulation.

4) Facilitate the process of hiring the most qualified employees by: preplanning      staffing needs; ensuring an effective internal interview process; increasing            city visibility in the employment marketplace; identifying the best and most                cost effective recruitment sources; and conducting thorough reference                   checks.

   5)  Retaining our valued employees by: assuring effective leadership qualities in            our managers; providing competitive wages and benefits; furnishing                    technical, interpersonal and career development training and coaching;                conducting exit interviews and supplying relevant feedback to management;      and enhancing two-way communication between employees and                    management.

   6) Ensure an active safety and loss prevention program is in place.

 C)   INFORMATION SYSTEMS (IS)  

 Information Systems exists to identify, design, implement, support and maintain the technology and systems used in the delivery of city services. The primary systems include:

   1) Voice/Video/Data Network Infrastructure;

   2) Geographic Information Systems;

   3) Computing;

   4) Internet/Intranet Websites;

   6) Electronic Security Systems

 IS provides technical support and training for users of City systems. IS also works with departments to evaluate and redesign processes that can benefit from properly applied technology.  

 A)   Be polite and courteous in their professional contacts with the public;

 B)   Understand the job for which they have been hired;

 C)   Be punctual in their working hours;

 D)   Have respect for their Supervisors, Department Heads, and fellow employees;

 E)   Fulfill their duties to the best of their ability;

 F)   Be reliable and on the job every day if able;

 G)   Be honest and trustworthy;

 H)   Treat confidential information appropriately;

  I)   Abide by all of the City's applicable policies and procedures.

 A)   Human Resource Director is responsible for classifying employees.

 B)   Employees generally may be categorized as follows:

   1)  A full-time employee is an individual who works a normal 40-hour workweek.      A full-time employee may be classified as either exempt (salary)or            nonexempt (hourly).

   2) A part-time employee is an individual who is regularly scheduled to work less            than a normal workweek. A part-time employee may be classified as either      exempt (salary) or nonexempt (hourly).    

   3)  A temporary employee generally is an individual who is hired either part-time      or full-time for a specified, limited period of time, such as seasonal or                   occasional. A temporary employee may be classified as either exempt          (salary) or nonexempt (hourly).

   4)  A nonexempt employee generally is subject to the minimum wage and               overtime provisions of the Fair Labor Standards Act (“FLSA”) and is typically      paid either on an hourly or salary basis.

5)  An exempt (salary) employee is exempt from the provisions of the FLSA and is not entitled to overtime pay. Exempt employees typically are paid on a salary  basis and include administrative, executive, and professional employees, and certain highly skilled computer professionals.

   6) Other flexible staffing classifications or arrangements may be added as                needed.

 C)   Employees are further assigned to pay classifications as follows:

   1) Exempt Salary Employees:

 There four (4) classifications of exempt salary employees: Executive, Administrative, and Professional, and Learned Professional. These employees are exempt from the overtime requirements of the Fair Labor Standards Act. Other employees may be classified as exempt salaried employees on a case-by-case basis. Exempt salary employees are expected to work a regular schedule of five workdays, without regard to the number of hours per day or per week. As an exempt employee, hours of service to the City of Auburn will fluctuate depending upon service demands.

   a) Executive:

 Those employees who have as their primary duty the management of the city itself or a particular department within the city. Exempt employees regularly direct the work of two or more full-time employees which may include: interviewing, selecting, training and evaluating, handling complaints, and imposing discipline; planning and assigning work; and determining the techniques to be used.

     b) Administrative:

 Those employees who have as their primary duty the performance of office or non-manual work directly related to management policy or general city operations; and customarily and regularly have the day-to-day authority to make independent choices from immediate direction of supervision with respect to matters of significance.

     c) Professional:

 Those employees who have as their primary duty work requiring advanced knowledge of a type required through specialized study; and their work requires the consistent exercise of discretion and judgment.

     d) Learned Professional:   

       Those employees who have as their primary duty work requiring            knowledge of an advanced type in a field of science or learning              customarily acquired by a prolonged course of specialized intellectual          instruction.
   
2) Administrative Non-Exempt Employees:

 Those employees whose positions are part time or full time administrative, clerical, or support staff in nature and who are paid based on an established per hour basis. These employees are not exempt from the Fair Labor Standards Act, and do receive overtime pay at the rate of time and one-half for all hours worked in excess of 40 per week.    

3) Hourly Employees:

 Those employees who are part time or full time and paid based on an established per hour basis. These employees are not exempt      from the Fair Labor Standards Act, and do receive overtime pay at the rate of   time and one-half for all hours worked in excess of 40 per week.

   4) Law Enforcement & Fire Protection Employees:

 Those employees who are paid according to special rules under the Fair Labor Standards Act and defined as Public Safety and Emergency Personnel.

   5) Others: Those individuals who are not full-time, but are paid a nominal               payment. These individuals may include, but are not limited to Volunteer               Firefighters, Police Reserves, and Board Members.

 The pay period is every two-weeks as established by the Clerk-Treasurer. Employees will be paid on Thursday for the two-week period ending on the previous Saturday. Honesty in the use of reporting time is absolutely essential. Falsification of reported time will result in discipline up to and including termination.

 B)   PAY SCHEDULE

   Paychecks are issued by the office of the Clerk-Treasurer.

 C)   REPORTING HOURS WORKED

   1) Employees will use the prescribed time keeping system to properly record               the time that he/she has worked during a payroll period and any lunch              period as prescribed by the State Board of Accounts.

   2) No employee shall record time in or out at any time for another employee               without the approval of the department head.

 4) The department head or designated supervisor will also verify and approve      the time reports indicating that the hours claimed were actually worked.        Reports may also be verified by electronic technology.

   5) Employee shall be ready for work at the regular scheduled work time.  

 D)   COMPENSATORY TIME

 Wherever compensatory time is referred to in this policy the following procedure will be used.

   1) The section is in accordance with 29 USC 207(0).

   2) The City of Auburn may provide compensatory time in lieu of monetary          compensation at the rate of one and one-half times the overtime hours          worked.  

   3) Compensatory time shall be taken within a reasonable time, generally not to      exceed three months, so long as it will not be disruptive to the orderly                   administration of the City.

   4) All compensatory time earned and used shall be recorded and reported to               the Clerk-Treasurer.    
 
   5) Unused compensatory time will be compensated upon resignation,                   termination, and retirement.

E)   PAYROLL DEDUCTIONS

 No payroll deduction will be made from an employee paycheck unless authorized by the employee or required by law. Employees are required to report changes in family status, address or other information that could affect the amount of deductions withheld. These include Social Security and income taxes, retirement system contributions, court-ordered child support and any other deductions required by law. Additionally, deductions may be authorized for employee contribution to benefit plans if applicable such as supplemental health insurance, supplemental insurance and deferred compensation plans requested by the employee.  

Exempt (Salary) Pay Policy

 In accordance with the Fair Labor Standards Act regulations, exempt (salary) employees who are required to be paid on a salary basis may not have their pay reduced for variations in the quantity or quality of work performed. Employees who feel their pay has been improperly reduced should report this immediately following the procedures specified below.

   1) Exempt (salary) employees normally must receive their full salary for any        work in which they perform any work, without regard to the number of days or      hours worked. However, exempt (salary) employees need not be paid for any    work week in which they perform no work at all for the city.

   2) Deductions from pay cannot be made as a result of absences due to the        circumstances listed below.

       a) Jury duty.

       b) Attendance as a witness.

       c) Temporary military leave.

       d) Absences caused by the city operating requirements.

       e) Partial day amounts.    

   3) Deductions from pay may occur as a result of the following, as long as the        deductions are consistent with other city policies and practices

       a) Absences of one or more full days for personal reasons other than                sickness or disability when all vacation and personal time has been            exhausted.

       b) Fees received by the employee for jury or witness duty or military leave        may be applied to offset the pay otherwise due to the employee for the          week.

       c) Penalties imposed by infractions of safety rules of major significance.

       d) Unpaid disciplinary suspensions of one or more full days in accordance        with the city disciplinary policy (Does not apply to discipline for              performance or attendance issues).

       e) Deductions for the first and last week of employment, when only part of        the week is worked by the employee, as long as this practice is              consistently applied to all exempt (salary) employees in the same            circumstances.

       f)  Deductions for unpaid leave taken in accordance with a legitimate            absence under the Family and Medical Leave Act (See Code Section          40.36 – Leaves – F. Family Medical Leave Act.

 F)   VACATION PAY

   1) Vacation pay is money paid for a day of vacation used in place of a regular      workday. These days are granted according to the vacation leave schedule      found in Sections 41.00, 42.00 and 43.00 of this policy.

   2) All vacation pay is calculated from work time reported by each employee               pursuant to the prescribed time keeping system. When an employee takes      vacation leave in place of “clocking in” the time report should reflect this.

   3) Vacation pay is not calculated separate from nor in advance of the regular               pay dates, except when an employee is terminated.

 G)   HOLIDAY PAY

   2) The following days shall constitute paid holidays:

     a) New Years' Day;

     b) Memorial Day;

     c) Independence Day;

     d) Labor Day;

     e) Thanksgiving Day;

      f) Day following Thanksgiving;

     g) Christmas Day; and      

     h) Floating Holiday to be determined by the Mayor at the beginning of                            each calendar year.

   3)  To be eligible to receive holiday pay, the employee must be present on their      scheduled working day preceding the paid holiday and on their first                   scheduled working day following the paid holiday. All categories of benefit              days will count as being present the day before and/or after a holiday.

   4)  If any holidays fall on a Saturday, the preceding Friday shall be the observed      holiday. If any holiday falls on a Sunday the following Monday shall be the      observed holiday. This practice may be altered if designated different by the      Mayor prior to the holiday.

H)   EMPLOYEE TRAVEL AND/OR BUSINESS EXPENSE REIMBURSEMENT

 The Department Head is authorized to evaluate requests from employees (other than the Department Head) to attend conferences or educational training sessions, and/or meetings, and will approve or reject said requests. Requests shall be in writing and approval/denial shall be in writing. Approval or denial shall be made on the basis of:

   1)  The Department Head's opinion as to the value of the request to the City of      Auburn.

   2)  Adequate funds being available in the current budget appropriation to cover      said expenses. Expenses covered by said approval shall be as follows:

     a) The employees of the City shall be reimbursed for mileage traveled on                  business on behalf of the City or its several departments in a sum                    equal to that allowed by the Internal Revenue Service for business                   travel purposes as from time to time amended. Any change in mileage                 allowance rates shall become effective at such time as they are                   published as regulation of the Internal Revenue Service, or the actual               costs of public transportation whichever is less if public transportation                 is used. (This section does not apply when a City owned vehicle is                   used).

     b) Actual cost of lodging at the rate of a single person for that particular              lodging;

     c) Registration/conference fees charged for the conference or meeting;

     d) Actual cost of meals charged by the conference;

     e) Per diem for meals shall be actual costs as per receipts not to exceed                  $50.00 per person, per day, including tips and gratuities. This per diem             are subject to any further restrictions placed by department heads.

     f) Miscellaneous expenses which would include, but not limited to:

        i. Toll costs;

        ii. Communication costs;

       iii. Parking costs;

       iv. Other;

     g) Alcoholic beverages shall not be submitted for reimbursement.

   3) Proper receipts must be filed with the Clerk-Treasurer's Office together with a            properly signed claim; and

   4) All requests for trip reimbursement must have prior approval of the                    Department Head.

   5) Requests for reimbursement by Department Heads must be submitted to,               and approved by the Mayor.

   1)  The Clerk-Treasurer will be responsible for maintaining permanent records      available for public inspection for all leaves within this policy that has been      earned or accumulated and the leave time requests granted or denials of               leave days and absences due to use of leave.

   2)  If an employee has accrued paid time off under this policy at the time he or      she requests a leave under the Family and Medical Leave Act of 1993                    (“FMLA”), and if the requested leave would otherwise qualify for paid time off      under this policy, the employee will receive paid time off accrued under this      policy at the same time as FMLA leave. In that event, the employee's                   available time off under this policy, as well as the employee's FMLA leave               entitlement, will be reduced by the period of the leave. After an employee               requests an FMLA leave, the Employer will notify the employee that paid time            off under this policy will be provided during the employee's FMLA leave. For a   further explanation of this coordination, see Code Section 40.36 (Section              4.6.F.7) “Substitution of Paid Leave” in the FMLA policy.  

B)   VACATION

   1) The official vacation period is calculated on date of hire.

   2) During subsequent years of continuous full time employment, the employee      will receive paid vacation under the guideline set forth in Sections 41.00,               42.00 and 43.00.

3) Vacation time must be taken in the year when the employee is eligible.   Except for special circumstances approved by the Board of Public Works and Safety, vacations must be actually taken. Vacation time does not accumulate from year to year, and unused time is lost at anniversary year's end. Any special requests to the Board of Works and Safety to carry over vacation into a new anniversary year must be before the year ends in which it was earned. City employees receive no vacation time during the first year of employment. The first year that vacation is available to employees is in year two (2) of employment.

   4)  Vacation leave will be granted at a time, which is mutually acceptable to the      employee, and the Department Head, consistent with the nature of the               service provided by the department in which the employee is employed.

   5) An employee's vacation time shall be considered as hours worked for the               purpose of determining vacation leave eligibility.

   6)  An employee who has vacation benefits and has not received them because      of resignation, termination, death, or other reason shall receive benefits upon      separation. In case of death, benefits shall be paid to the estate of the                   employee as may be appropriate by the statutes of the State of Indiana.
 
C)   SICK LEAVE

   1) Sick leave is a benefit granted to an employee as a protection in the event of      personal illness or family illness.

   2) The employee or someone on their behalf shall notify the department head of            the absence of the employee prior to the scheduled start time of the                   employee's shift.    

   3)  Upon separation from the employment of the City for any reason, Employees            will not be compensated for accumulated sick leave.

 D)   PERSONAL LEAVE

   1) At the end of the calendar year, for non-exempt (hourly) employees, up to 16      hours maximum of accumulated personal leave time will be carried over to      the next year's personal leave time. Any hours remaining greater than 16        shall be converted to sick leave time and accumulated as per the policy on      sick leave time. If an employee already has 180 days of sick leave            accumulated, or if the conversion of personal leave causes an employee to      reach 180 days, any excess personal time is lost.

   2) Employees who resign or are terminated in any way will not be compensated            for personal leave not used.

 E)   BEREAVEMENT LEAVE

   1)  In the event of a death in the immediate family, the full time non-exempt               employee will receive up to three (3) working days leave with their regular pay      rate and hours. Salary exempt employees will receive up to three days leave      toward the week worked.

   2) Immediate family shall be defined as:

     a) Spouse;

     b) Son/Daughter or stepson/stepdaughter;

     c) Mother/Father or stepmother/stepfather;

     d) Any family member residing in the same household;

     e) Grandparents of the employee;

      f) Mother-in-law or Father-in-law;

     g) Son-in-law or Daughter-in-law;

     h) Brother or Sister;

      i) Grandchildren;

      j)  Anyone who has stood in loco parentis to the employee or to whom              the employee stands or has stood in loco parentis.    

   3)  In the event of a death of any other relative or close friend, a personal or        vacation day privilege should be utilized.

4)  Additional time without pay may be granted after all benefit days have been    used upon request to the Department Head. (See Code Section  40.36 “Leave Without Pay”.    

   5) Bereavement Leave time off will be considered as workdays in calculating               hours worked, the same as other benefit days.
 
F)   FAMILY MEDICAL LEAVE

   1) Policy

   The City of Auburn complies with all applicable federal and state labor laws,  including the Family and Medical Leave Act (FMLA) of 1993. Under the FMLA,  eligible employees are entitled to certain rights, and have certain obligations, with  respect to leave for certain family and medical reasons. This policy covers all  eligible employees of the City of Auburn.

   2) FMLA Leave Eligibility

   To be eligible, under the FMLA must meet all of the following conditions:

   a) The employee must have worked for the City of Auburn for 12 months,             or 52 weeks. The 12 months, or 52 weeks, need not have been                  consecutive.

   b) The employee must have worked at least 1,250 hours during the                twelve-month period immediately before the date when the leave is                requested to commence. The principles established under the Fair                Labor Standards Act (FLSA) determine the number of hours worked                by an employee. The FLSA does not include time spent on paid or                unpaid leave as hours worked. However, the City of Auburn does                count vacation, personal and sick paid time toward hours worked for                overtime under the FLSA. These hours will be counted in determining                the 1,250 hours eligibility test for an employee under FMLA.

   3) Reasons for FMLA Leave

 To qualify as FMLA leave under this policy; an employee must be taking leave for one of the following reasons:

   a) Parenting Leave: for the birth of a child and to care for the newborn                child; or a child newly placed in the employee's custody through                  adoption or foster care, for a period of up to one year after such birth               or adoption;

   b) Family Medical Leave: to care for the employee's spouse, child, or                parent who has a serious health condition; or

   c) Employee Medical Leave: due to the employee's own serious health               condition, if that condition renders the employee unable to perform               his/her job functions. This would include conditions covered by both               Worker's Compensation and Sickness and Accident leaves.

 Any leave taken by an eligible employee for one or more of these reasons will be counted against that employee's annual FMLA leave entitlement.

   4)   Serious Health Condition

     For the purpose of determining whether an eligible employee or his or her        spouse, child, or parent has a serious health condition, such a condition        includes any illness, injury, or physical or mental condition that requires either    in-patient care in a medical facility, i.e., hospital, hospice, or residential          medical care facility, or any subsequent treatment in connection with such        inpatient care or a condition, which requires continuing care or treatment by a      licensed health-care provider.  

 This policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy absences. Generally, a chronic or long-term health condition, which, if left untreated, would result in a period of incapacity of more than three days, would be considered a serious health condition.

   5) Continuing treatment by a health care provider is defined as:

     a) Any period of incapacity that is more than three consecutive days in                duration and requires two or more treatments by a health care provider            or one treatment by a health care provider followed by a regimen of              continuing treatment.

     b) Any period of incapacity due to pregnancy, or for prenatal care.

     c) Any period of incapacity or treatment for such incapacity due to a                  chronic serious health condition. (A chronic serious health condition              involves periodic visits to a health care provider for treatments,                    continues over an extended period of time and may cause episodic                  periods of incapacity such as occurring with diabetes, asthma, and                  epilepsy.)

     d) A period of incapacity, which is permanent or long-term due to a                  condition for which treatment may not be effective (i.e., Alzheimer's                  disease).

     e) Any period of absence necessary to receive multiple treatments by a              health care services provider under orders of, or on referral by, a                  health care providers, either for restorative surgery after an accident or              other injury, or for a condition that would likely result in a period of                  incapacity of more than three consecutive calendar days in the                    absence of medical intervention or treatment.

 Employees with questions about what illnesses are covered under this FMLA policy are encouraged to consult with the Human Resource Director or designee.

   6) Duration of Leave

 An eligible employee is entitled to take a total of 12 weeks of leave (based on the employee's normal hours per week) during a 12-month period.

 If an employee takes paid sick leave for a condition that progresses into a serious health condition and the employee requests unpaid leave as provided under this policy, the City of Auburn may designate all or some portion of related leave taken as leave under this policy, to the extent that the earlier leave meets the necessary qualifications.  

 The City of Auburn will measure the twelve-month period as a rolling 12-month period measured backward from the date an employee uses any leave for reasons set forth under this policy. An employee may only take Parenting Leave during the 12-month period that begins on the date of the birth, adoption or placement, and the leave must be continuous. Each time an employee takes leave, the City of Auburn will compute the amount of leave the employee has taken under this policy and subtract it from the 12 weeks of available leave, and the balance remaining is the amount the employee is entitled to take at that time.    

 If two parents of a child both work for the City of Auburn, and each wishes to take either parenting or Family Medical Leave, the parents of the child may only take a combined total of 12 weeks of leave.

   7) Use of Unpaid or Substitution of Paid Leave

 Generally, FMLA leave is not paid. If however, an eligible employee also has accrued or earned paid leave of other types from the City, and if the employee's leave request meets the requirements of that paid leave program, the employee will receive paid leave benefits at the same time as he/she is receiving FMLA leave benefits. Generally, an employee will use sick, personal and vacation time in that order. Similarly, if an employee properly requests leave available under a paid leave program for a purpose that is also covered by FMLA leave, the employee will receive FMLA leave benefits at the same time as paid leave benefits. The City will “substitute” paid leave for FMLA leave by counting the paid leave toward FMLA leave entitlement.

 If FMLA leave lasts only as long as an employee's substituted paid leave, then the employee needs only to meet the notice and certification requirements of that leave plan. If the paid leave is followed by an unpaid FMLA leave, however, the employee must fulfill all the requirements for taking FMLA leave.  

An employee who is taking leave because of the employee's own serious health condition or the serious health condition of a family member must use all paid vacation, personal or sick leave prior to being eligible for unpaid leave. Sick leave may be substituted for unpaid FMLA leave if the reason for the FMLA leave is covered by the established sick leave policy.

 Parenting leave and leave for an employee's serious health condition, including workers' compensation leave (to the extent that it qualifies), will be designated as FMLA leave and will run concurrently with FMLA leave. For example, if an employer provides six weeks of parenting leave, the six weeks can be designated as FMLA leave and counted toward the employee's 12-week entitlement. The employee may then be required to substitute accrued (or earned) paid leave as appropriate before being eligible for unpaid leave for what remains of the 12-week entitlement.

 An employee who is taking leave for the adoption or foster care of a child must use all paid vacation, personal or sick leave prior to being eligible for unpaid leave.

 Any paid time must be used concurrent with FMLA until exhausted, except, FMLA prohibits the substitution of paid leave for leave covered by temporary disability plans or workers' compensation. However, leave time will be counted toward the FMLA 12-week entitlement.    

   8) Intermittent or Reduced Schedule Leave

 An employee, under certain circumstances, may take intermittent or reduced schedule leave in increments of no less than one hour. If an employee takes a Parenting Leave, the employee is not entitled to take leave intermittently or on a reduced schedule. For Family Medical or Employee Medical Leave, the employee may take an intermittent or reduced schedule leave if it is medically necessary. An employee must provide to the City certification (forms available from Human Resources) that a medical need for leave exists and that the medical need can best be accommodated through an intermittent or reduced schedule leave. Employees needing intermittent FMLA leave or leave on a reduced leave schedule must attempt to schedule their leave so as not to disrupt the City's operations. In addition, if an employee requests intermittent or a reduced schedule leave, the City may require the employee to transfer temporarily to an available alternate position, with equivalent pay and benefits, for which the employee is qualified and which better accommodates intermittent or reduced schedule leaves.

   9) Procedure for Requesting Leave and Notification Requirements

 An employee must notify the City of his/her desire to take FMLA leave at least 30 days before the date FMLA leave is to begin by requesting and completing a Request for Leave form (except in cases of medical emergency or unexpected changed circumstances, in which case the employee must give notice as soon as practicable after the employee is aware that he or she needs to take FMLA leave). Request for Leave forms can be obtained from the Human Resources Department. At the time an employee obtains a Request for Leave form, the City will provide the employee with notification explaining certain rights and responsibilities of the employee regarding FMLA leave.

 If an employee request Family Medical or Employee Medical Leave, the employee must submit a medical certification from the employee's or family member's health care provider within 15 days after employee receives notification and the proper certification form from the City, or provide a reasonable explanation for the delay.

 Certification of the serious health condition shall include: the date when the condition began, its expected duration, and a brief statement of treatment. For medical leave for the employee's own medical condition, the certification must also include a statement that the employee is unable to perform work of any kind or a statement that the employee is unable to perform the essential functions of the employee's position. For a family member who is seriously ill, the certification must include a statement that the patient, the family member, requires assistance and that the employee's presence would be beneficial or desirable.  
 
 If an employee requests to take intermittent leave or work a reduced schedule, the certification must also include dates, the duration, and schedule of treatment, as well as a statement of medical necessity for taking intermittent leave or working a reduced schedule.
 
 If an employee fails to give 30 days' notice for a foreseeable leave with no reasonable excuse for the delay, the City may deny FMLA leave until at least 30 days after the date the employee provides notice of the need for FMLA leave. After an employee submits a medical certification, the City may require an employee to obtain a second opinion from a provider of the City's choice and at its expense. In some cases, the City may require a third opinion from a provider selected jointly by the employee and the City. The third opinion will be considered final. The employee will be provisionally entitled to leave and benefits under the FMLA pending the second and/or third opinion.

 The City of Auburn has the right to contact the employee's health care provider, with the employee's permission, to clarify or authenticate the medical certificate, but will not request additional information.

 During FMLA leave, an employee will be required to report periodically on his or her status and intent to return to work. Medical re-certification may be required under certain specific circumstances, for example, when an Employee requests an extension for a leave, when circumstances under an initial certification have significantly changed, or when an employee is unable to return to work after FMLA leave.

 Upon the conclusion of an Employee Medical Leave, the employee must present certification to the City from his or her health care provider that he or she is able to return to work. Unless and until an employee provides this fitness-for-duty certification, the employee will not be able to return to work.

 As a general rule, FMLA leave is unpaid leave. The City will maintain an employee's coverage under the City of Auburn Health Plan on the same conditions during FMLA leave as if the employee had been employed continuously during the FMLA leave period. An employee may choose not to continue coverage. Even if an employee does not continue health coverage during FMLA, the City will restore regular coverage if the employee returns to work.

 Upon return from FMLA leave, employees will generally be restored to the same or an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. Certain salaried, key employees of the City may be denied restoration if their reinstatement would cause substantial and grievous economic injury to the City. If, during FMLA leave, a layoff or other event occurs that would have changed, or even eliminated the employee's job had he or she not taken leave, the returning employee will have no greater rights, than if the employee had been continuously employed during FMLA leave. The City will determine whether an employee will be restored to the same position or to an equivalent position.

 If an employee chooses not to return to work after his/her FMLA leave expires, the City may recover its share of health insurance premiums paid on the employee's behalf during the period of FMLA leave. The City will seek to recover those premiums unless the employee fails to return because of (1) the continuation, recurrence, or onset of a serious health condition that would otherwise entitle the employee to FMLA leave; or (2) other circumstances beyond the employee's control. If an employee fails to return to work because of the continuation, recurrence, or onset of a serious health condition, the employee must provide a medical certification of his or her serious health condition. The employee must provide the certification within 30 days from the date the City requests it. If the employee does not provide the certification in a timely manner, the City may recover its share of the health insurance premiums paid for the employee during the entire period of FMLA leave.  

   12) Other Employment

 An employee is not permitted to hold other full-time employment while on FMLA leave. If it is determined that an employee has other full-time employment while on FMLA leave, they will be considered to have voluntarily terminated their employment with City of Auburn.

13) Armed Forces Medical Leave

 The employee will be permitted to take up to 26 work weeks (or 14 weeks beyond the traditional 12 weeks of FMLA) of leave to care for a spouse, son, daughter, parent, or next of kin that is a member of the Armed Forces, including the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list for a serious injury or illness.

14) Active Duty

 Employee will be permitted to take leave for “any qualifying exigency” arising from the employee’s spouse, son, daughter, or parent on active duty, or has been notified of an impending call or order to active duty in the Armed Forces in support of a contingency operation.

15) Any qualifying exigency as defined by the Secretary of the Department of Labor.

 G)    MILITARY LEAVE

   1)  The City encourages employees to serve their country by participating in the     uniformed services. If you are called upon to perform military service,                     whether it involves active duty or annual training requirements for the                    National Guard or U.S. Military Reserves, you may be entitled to                  reinstatement/reemployment and other rights under the Uniform Services                Employment and Reemployment Rights Act of 1994 (“USERRA”). To qualify      for benefits under USERRA, your separation from military service must be      under honorable conditions and you must comply with the following                    requirements:

     a) Eligibility

 This policy applies to any employee who must be absent from employment to perform a duty, either voluntary or involuntary, in the uniformed services. To qualify under the City's military leave policy, an employee requesting leave must provide advance written notice to the department head as soon as possible, and furnish a copy of his/her military orders which identifies as specifically as possible the time period for the leave.

     b) Reinstatement

 To be eligible for USERRA benefits upon returning from a military leave lasting fewer than 31 days, an employee must report back to work at the beginning of the first full regularly scheduled work day following the completion of the military service.      

c) Reemployment

 To be eligible for USERRA benefits following a military leave lasting:

   i.  more than thirty (30) days, but less than 181 days, an employee      must  submit an application for reemployment before the expiration    of fourteen (14) days after the completion of the military service.

   ii.  longer than 181 days must submit an application for reemployment      before the expiration of ninety (90) days after the completion of the      service.

   iii.  more than thirty (30) days must provide official military            documentation identifying the period of military service to establish      that the application for reemployment was timely and the character      of discharge was honorable.

d) Benefits

 Upon reemployment, an employee will be restored to the level of benefits attained had he/she provided continuous service to the City. As a result, rights and benefits determined by length of service such as paid time off and longevity pay will reflect continuous employment. In addition, an employee on military leave will continue to be eligible for health benefits for up to 18 months, so long as he/she continues to pay a monthly premium according to the following schedule:

        i.  For leaves of less than 31 days, an employee will be required to                pay the normal employee share of the premium.

       ii.  For leaves of more than 31 days, an employee will be required                  to pay the full premium under the plan.

     e)  The health insurance premiums will be billed to the employee on a                   monthly basis. An employee will have ten days from the date of                   mailing within which to submit payment of the amount owed. Failure               to make the monthly premium payment in a timely manner shall result                 in the cancellation of benefits. Upon reemployment, benefits will be                   restored.

      f) If you have any questions regarding your rights surrounding military               leave, please contact human resources.

   2) Military Training Leave

     a)  An Employee who is a member of the Reserves or the National Guard will        receive fifteen (15) working days per calendar year with no deduction of        pay or vacation leave, so as to enable him/her to fulfill military training          obligations.

     b)  Leave not consumed during the two (2) week training assembly may be        applied to weekend exercises in the same calendar year up to the total of        fifteen (15) working days. If more time is needed, it can be obtained          through vacation leave.

     c)  Written leave requests by the employee are to be made to the Department      Head. Upon return from training, certification from the employee’s            commanding officer of performance of duty in accordance with the terms        of the orders must also be filed.

 H)    COURT APPEARANCE / WITNESSES 

Any employee who is required to appear in court because of a matter involving City business will be given time to appear without a loss of pay.

  I)    LEAVE WITHOUT PAY

   1)  Leave without pay may be granted as a protection for City employees should      a need arise for extended time off work.

   2) Leaves without pay may be granted for any reason. However, the employee      should understand that such leaves will be granted rarely.

   3) Employees may be granted leave without pay only if they have exhausted all            FMLA leave, or otherwise have no leave available pursuant to the City's               policies.    

   4) Written notification of requested leave must be made by the requesting               employee to the Department Head prior to the leave, stating:

     a) The reasons for the leave, and

     b) The anticipated duration with approximate beginning and ending                  dates.

   5) The maximum time an employee may be on leave is six (6) months.

   6) Leaves without pay pursuant to this section shall only be granted at the               discretion of the Department Head.

   7) An employees' return to work to the same job level, job, or salary level               cannot be guaranteed, but the department which grants the leave has the               responsibility of trying to reinstate the employee to a position as near to the            one vacated for the leave, to the extent possible.

   8)  An employee on leave may be required to give progress reports to the status      of their condition throughout the duration of leave.

   9)  Leave without pay will not count toward the accumulation of vacation days,      sick days, paid holidays, nor will insurance benefits continue.

 A)   HEALTH INSURANCE

   1) The City of Auburn will provide a health insurance plan for all full-time                   employees, subject to the terms and conditions of the plan. Said plan may               change from time to time.    

   2) The level, extent, cost of benefits, and allocation of cost sharing between the      city and employee shall be determined by the Common Council and                   applicable to all including retirees.

3) Cost sharing schedule applies to all covered employees and retirees based on projected utilization charges, which are established by the Auburn Common Council.      

   Retirees hired after January 1, 2004 will share 50% of the cost*.

   4) The City hereby appoints the Clerk-Treasurer as Administrator of the Plan,      and authorizes him/her to make deductions from the pay of employees, who      voluntarily participate, and to make any other arrangements necessary to               implement the Plan.    

   5)  The City of Auburn adheres to all state and federal guidelines regarding the      privacy of employees' health with protection of health information with limited             access.

 B)   LIFE INSURANCE

 The City of Auburn will provide a term life policy for each full-time employee, subject to the terms and conditions of the plan. Said policy may change from time to time.

 C)   WORKERS' COMPENSATION INSURANCE

 The City of Auburn will provide Workers Compensation as prescribed by law. All accidents, on-the-job injuries, or near misses must be reported and complete prescribed forms accurately and promptly filed according to guidelines set forth in Code Section 40.08 (Section 1.8).

 Refer to applicable Code Sections 41.00, 42.00 and 43.00.

 D)   DEFERRED COMPENSATION PLAN

 The City has a Deferred Compensation Plan as allowed by Indiana Code. Compensation Plan is repeated here for information purposes only:

   1)  The Common Council hereby established the City of Auburn Deferred                   Compensation Plan (hereafter referred to as the Plan) for the voluntary               participation of all eligible employees and elected officials.

   2) The City will operate the Deferred Compensation Plan(s) service providers      approved and accepted by the city of Auburn Board and public Safety to        perform service, management, and enrolment functions.    

   3) The City appoints the Clerk-Treasurer as Administrator of the Plan, and        authorizes him/her to make deductions from the pay of employees and          elected officials who voluntarily participate, and to make any other            arrangements necessary to implement the Plan(s). It is understood that, other    than the incidental expenses of collecting the employees' deferrals and other      minor administrative matters, there is to be no cost or contribution by the City    to this Plan.

 E)   JOB-RELATED EDUCATION

   1) The City may provide education costs reimbursement for job related                    education.

   2) A request in writing for education costs reimbursement shall be made to the      Department Head.

   3) The Department Head, after consulting with Human Resources and with the      approval of the Mayor, shall decide:

      i. If the education relates to the job.

      ii. If the education will be beneficial to the City.

     iii. If the education cost can be paid for within the adopted budget for that                 department.

 A)   GENERAL PROVISIONS

   1)  It is the policy of the City of Auburn to permit certain vehicles to be used for      commuting between personal residence and place of employment, as well as   to allow certain employees the use of vehicles in furtherance of their                   employment with the City.    

   2) Each employee of the City of Auburn who is authorized to operate a City               vehicle is expected to utilize that vehicle for official City business exclusively,      except when the employee is on call.

   3) Except for emergency vehicles on an emergency call, speed limit and motor      vehicles statutes and ordinances shall be followed at all times and places.

4) Each employee who is authorized the use of a City vehicle is required to                report any criminal or non criminal conviction(s) of a traffic violation to Human      Resources upon returning to work at the beginning of the next work shift.

 B)   DEFINITIONS

   1) “REGULATED DRIVER”

 Federally regulated as a protection against the potential for catastrophic harm to the public's safety by “The Federal Motor Carrier Safety Regulations” for Commercial Drivers Licensed Drivers (often referred to as “CDL drivers”) as regulated by the United States Department of Transportation (USDOT) and administered by the Federal Motor Carriers Safety Administration (FMCSA) an agency within the DOT.    

   2) “NON-REGULATED DRIVER”

 Licensed driver of a motor vehicle who must drive a city vehicle as part of carrying out the duties of their job functions or a driver who is authorized or otherwise permitted the use of a city vehicle during the course of their employment, or while operating City and/or personal equipment in pursuit of City business.

 C)   DRIVER QUALIFICATIONS & STANDARDS FOR DRIVING                   CONSIDERATIONS

   1) A proper valid driver's license must be in the employee's possession at all               times.

   2) No employee shall drive a city vehicle before a motor vehicle record (MVR)      check or any other local, state, or federal mandate has been reviewed and      approved by Human Resources. Motor Vehicle Records shall be audited on      occasion for compliance.

   3) Any employee considered or authorized for driving privileges shall meet the      standards set forth, as provided for insurance coverage.

   4) When a job description states a person will operate a city vehicle or          equipment requiring a license or certification, the driver must not:

     a) have more than three moving violations in the last three years; or

     b) have more than one moving violation in the past year; or

     c) have a moving violation suspension or revocation of his/her license                  in the last five years.

     d) have any substance or alcohol-related traffic convictions in the last five          years.  

     e) have habitual traffic convictions within the last five years.

 D)   DISQUALIFICATION OF A DRIVER: SERIOUS “TRAFFIC” VIOLATIONS

   1)  In the event a driver becomes disqualified and the employee's job description             requires a valid driver licenses to carry out the duties of the primary job hired             for [non-regulated or regulated CDL license] the employee may be                     terminated from his/her employment with the City of Auburn according to                policies herein and any federal or state regulations governing the use of                motor vehicles. [Examples: FMCSA, DOT, IOSHA, BMV]

   2)  Serious Traffic Violations that shall disqualify an employee from driving a city      vehicle include: [DOT REGS: Person lose license]

     a) Driving any commercial or non-commercial motor vehicle while                      intoxicated or under the influence of an illegal, non-prescribed, mind               altering substance or refuses to be tested;

     b) Driving any commercial or non-commercial motor vehicle with a                   driver's license that is suspended or revoked;

     c) Causing a fatality through the negligent or criminal operation of any                   commercial or non-commercial motor vehicle;

     d) Other serious traffic violations while driving a city vehicle:        

        i. Excessive speeding.

       ii. Reckless driving.

       iii. Traffic offenses committed in connection with fatal traffic                        accidents.

   3) Other violations that shall subject the driver to disciplinary action up to and      including termination of employment with the City include:

     a) Driving a commercial or non commercial motor vehicle without having               obtained the proper license, classification and endorsements.

     b) Driving a commercial motor vehicle without a CDL in his/her                     possession;

     c) Any unauthorized use of a City vehicle.

   4) Unauthorized use of vehicles may be construed as a misappropriation of City             property subjecting the violator to criminal sanctions.
 
 E)  COMMERCIAL DRIVER RECORDS REQUIREMENTS / INFORMATION           PROCESSING

   1) Human Resources will maintain files/records of Commercial Driver's                    Licensed (CDL) drivers as determined by rules and regulations of DOT's                Federal Motor Carrier Safety Administration.

   2) The driver shall be responsible for providing the state and Human Resources             any necessary and required forms or CDL related records to include a                current Medical Examination Report for Commercial Driver Fitness                     Determination (CDL-PHY State Form No. 469867).

   3) Any work related physicals, such as Medical Examination Report for                    Commercial Driver's fitness can be processed according to the current               insurance plan document or method prescribed. CDL Medical Certification      documents are CONFIDENTIAL and shall be treated as any other medical       information with limited access.

   4)  Commercial Driver's License renewals may be paid for by the City of Auburn      Department for which the employee works when the license is required of                the job the employee is currently holding at the time and is a listed                  requirement in the job description, or is otherwise indicated in part of cross-      training and job sharing efforts. Prior approval of department and reviewed by    the Human Resource Director or designee is required for cross-training and      job sharing.

   5) Complete valid medical certification w/card shall be carried at all times along      with the valid Commercial Driver's License while driving a city vehicle.

   6) It is the driver's responsibility to maintain the qualifications required by                   USDOT and shall not operate a City owned vehicle that requires a                    Commercial Driver's License without the proper license and valid Medical              Certification.

 A)   DRUG FREE WORKPLACE GENERAL INFORMATION

   1) The City recognizes that the use and abuse of drugs and alcohol can                    seriously impair an employee's ability to perform his/her duties safely and                efficiently. Drug and alcohol use and abuse not only jeopardize the public's     and co-workers’ safety, they undermine the public's confidence in the City,      our services, and its people. Because a drug or alcohol impaired employee     can pose a significant threat to the safety of the public and coworkers, as well   as the employee’s own safety, the City has established this policy as part of      its ongoing efforts to maintain a drug- and alcohol-free workplace.    

   2) The provisions of this policy are established to address the use and                    possession of alcohol, controlled substances, physician-prescribed                    medications and over-the-counter medications by employees in positions                that have been classified as regulated and non regulated safety-sensitive.                However, all employees are expected to report to work free from the                    influence of alcohol and illegal drugs and not to sell, distribute, dispense,                possess, or use or conspire to sell, distribute, dispense, possess, or use an      illegal drug or alcohol on the City’s premises or during working time.                    Likewise, all employees are expected not to misuse or abuse any                     prescription or nonprescription medications.

   3) Employees using a prescription drug which may impair mental or motor                functions so as to affect the employee's ability to safely perform his/her                duties must report the use of that prescription drug to a Supervisor prior to      reporting to work after its use. For the safety of all employees, the City may      place persons using such prescription drugs in a less hazardous job                    assignment, provided such assignment is available, or place them on                    temporary medical leave until released as fit for duty by the prescribing                physician. The City reserves the right to have a physician of its choice                determine if a prescription drug produces hazardous effects or to restrict the      quantity the employee is allowed to bring to the workplace.

   4) The City looks to all its employees to support this policy to better the overall      safety, health, productivity, and welfare of all employees. Employees are                asked to discourage co-workers from violating this policy and are expected      to cooperate in the City's efforts to enforce this policy and in any                    investigation of its violation.  

   5) The City of Auburn is committed to providing a healthy, safe, efficient, and                productive work environment for all employees and safety of the public.                Employees carrying out lawful duties are exempt from this policy.

 B)   DRUG AND ALCOHOL TESTING

 This Policy Section shall apply to all employees of the city with specific noted areas of those employees required to hold and maintain a commercial driver's license (CDL) in order to operate a vehicle or equipment as part of his/her employment with the City and for those employees occupying safety sensitive positions.  

 In keeping with this commitment, employees and job applicants will be requested to provide body substance samples (e.g., blood, urine, hair or other body substances) to determine the prohibited use of marijuana, cocaine, opiates, amphetamines, alcohol, barbiturates, and phencyclidine (PCP).

 Results of any drug testing shall remain in the employee's confidential medical or legally designated file.

   1) GENERAL PROVISIONS 

     a) CDL (Safety Sensitive)

       i. In accordance with DOT/FHWA regulations, included in this                       classification of safety- sensitive positions are all positions that                   require an employee to operate a commercial motor vehicle                       and/or hold a commercial driver's license.

       ii. It is the policy of the City of Auburn to comply with and abide                   by all laws and regulations for driver's holding the Commercial                   Driver's License (CDL) established by PART 382 -                           CONTROLLED SUBSTANCES AND ALCOHOL USE AND                       TESTING of the Federal Motor Carrier Safety Regulations                       (FMCS) administer-ed by Federal Highway Administration                       (FHWA), an agency under the U.S. Department of                           Transportation (DOT).

       iii. In complying with these regulations, the City hereby institutes                   a comprehensive controlled substance and alcohol testing,                       training and record keeping program for employees in                         positions that have been classified as CDL/safety sensitive                       employees and super-visors as indicated in the requirements                   of the Federal Motor Carrier Safety Regulations 382.601.  

     b) OTHER CITY SAFETY SENSITIVE POSITIONS

       i. Law Enforcement, Fire Protection, Public Safety Dispatch                         Personnel, Meter Readers, Heavy Machinery or Equipment                         Operators, Chemical Handling, Park Maintenance, Life                           Guards, Building Inspectors, or those who drive on behalf of                         the City as part of carrying out their job duties and respon-                         sibilities and those employees with take home city vehicles.

       ii. “Safety sensitive” duties are such that even a momentary                         lapse of attention could have disastrous consequences                                  (results or risk) to themselves, a co-worker, or the general                         public.

     c) NON-REGULATED JOB POSITIONS

      Those employees not listed in a. and b. sections above are covered              within except the random selection for testing.
 
 C)    TRAINING

   1) City shall ensure supervisors designated to determine whether reasonable           suspicion exists to require a employee to undergo testing receive at least 60           minutes of training on alcohol misuse and receive at least an additional 60      minutes of training on controlled substances use. The training shall cover the             physical, behavioral, speech, and performance indicators of probable alcohol             misuse and use of controlled substances.

   2)  The materials supplied to employees may include information on additional      employer policies with respect to the use or possession of alcohol or                  controlled substances, for example, the consequences for an employee                found to have a specified alcohol or controlled substances level based on                the policy herein.      

   3) City shall ensure that each employee is required to sign a statement                     certifying that he/she has received a copy of these materials.

 D)   GENERAL PROHIBITED CONDUCT

The following shall be considered “prohibited conduct” for purposes of this policy:

   1) REFUSAL TO TEST:

 A refusal to test is defined to be conduct, which would obstruct the proper administration of a test. A delay in providing a urine or breath sample could be considered a refusal. If an employee cannot provide a sufficient urine specimen or adequate breath sample he/she will be evaluated by a physician of the City's choice. If the physician cannot find a legitimate medical explanation for the inability to provide a specimen, either urine or breath test, it will be considered a refusal to test. In that circumstance, the employee has violated the policy.

   2) Substitution, adulteration, or refusal to submit to the types of drug and                    alcohol tests employed by the City will be grounds for refusal to hire                    employee/applicants and to terminate employment of existing employees.    

3) ALCOHOL PROHIBITIONS:

     a) No person subject to this policy shall report to duty or remain on duty               while having a blood alcohol concentration of 0.0200 to 0.0399.

     b) No person subject to this policy shall be on duty performing safety                  sensitive functions or operate a motor vehicle while using alcohol.      

     c) No person subject to this policy shall operate a vehicle or perform a                  safety sensitive function within eight hours after using alcohol.

     d) No person subject to this policy and involved in an accident during                   working hours shall use alcohol within eight (8) hours after the accident       or until tested.

   4) No employee shall refuse to submit to a post-accident, a random, a                    reasonable suspicion, return-to-duty, follow-up, or post-injury breath alcohol      or urine drug test.    

   5) GENERAL DRUG PROHIBITIONS

     a) No use of illegal controlled substances (and prescription drugs                    specifically designated by any federal or state agency) shall occur at              any time during or outside of working hours.

     b) No employee shall report for duty or remain on duty when the                     employee uses any controlled substance, except when use is                     pursuant to the instructions of a physician who has advised the                   employee that the substance does not adversely affect the                     employee's ability to operate a commercial motor vehicle or perform a                 safety sensitive function.

 E)   TYPES OF TESTS

 The City has implemented six circumstances for drug and alcohol tests: (1) pre-employment testing, (2) reasonable suspicion, (3) random testing, (4) post-accident testing, (5) return-to-duty testing, and (6) follow-up testing.

   1) PRE-EMPLOYMENT TESTING

     a) Each individual who is offered and accepts employment must                     successfully pass a drug and/or alcohol test as a condition of                     employment.

     b) CDL additional information

       i. Within 14 days of performing a safety- sensitive function,                        federal regulations require that the City obtain certain drug and                   alcohol testing records from employee's previous employers for                  the previous two years of employment.

       ii. As a condition to employment, the employee shall provide the                  City with a written authorization for all previous employers                      within the past two years to release such drug and alcohol                      testing records as are required under federal regulation.    

   2) REASONABLE SUSPICION TESTING

 Reasonable suspicion is when a trained supervisor observes behavior or appearance that is characteristic of alcohol or substance abuse and therefore a test shall be performed.

     a)  Reasonable suspicion for requiring an employee to submit to drug                   and/or alcohol testing shall be deemed to exist when an employee                   manifests physical or behavioral symptoms or reactions commonly                   attributed to the use of controlled substances or alcohol. Such                     employee conduct must be witnessed by at least one supervisor who               has been formally trained in Reasonable Suspicion.

     b)  All employees of the city shall be requested to submit to a drug or                  alcohol test when either the department head or other trained                    supervisor has reasonable suspicion that the employee has used                  alcohol or drugs or is impaired from the use of alcohol or drugs during                his/her employment with the City.      

     c)  In the event that an employee is requested to submit to a drug test,                  the elected official, department head, or trained supervisor shall                  complete the appropriate form provided by Human Resources setting              forth the observations leading to the determination of reasonable                  suspicion including the following:

       i. Observation of drug or alcohol use;

       ii. Observation of drugs, alcohol, or containers traditionally used                   for drugs or alcohol;

       iii. Observations of behavior of the employee, including balance,                   speech, reactions, and other characteristics supporting                         reasonable suspicion of use of drugs or alcohol or impairment                   by drugs and alcohol;

       iv. A pattern of abnormal or erratic behavior by the employee; or,

       v. Information provided by reliable or credible sources of the                       above.

   3) RANDOM TESTING

 Tests shall be performed on a random unannounced basis just before, during or just after driving or performing duties of employment. Employees shall be selected from a pool, dates unannounced, and tests performed with unpredictable frequency and the number of tests performed.

     a) CDL-REGULATED

        i. The City will random drug test, at a minimum, 50 percent of the              average number of safety sensitive/mandated positions in each              calendar year. The City will select, at a minimum, 25 percent of the            average number of safety sensitive/mandated positions for random            alcohol testing. The random selection, by its very nature, provides an          equal chance for each employee to be selected each time random            selection occurs in a calendar year. Alternatively, some employees            may not be selected in a calendar year. Random selections will be            reasonably spread throughout the year.

         Alternatively, some employees may not be selected in a calendar year.        Random selections will be reasonably spread throughout the year.     

       ii.  If an employee is selected at random, for either drug or alcohol testing,        human resources, a member of management, or other official of the          City official will notify the employee. Once notified, every action the            employee takes must lead to a collection. If the employee engages in          conduct that does not lead to a collection as soon as possible after            notification on, such conduct may be considered a refusal to test.    

     b) NON-CDL REGULATED

        i.  Non-regulated employee random testing will occur in “safety                sensitive occupations,” including Law Enforcement, Fire Protection,          Public Safety Dispatch Personnel, Meter Readers, Heavy Machinery or        Equipment Operators, Chemical Handling, Park Maintenance, Life            Guards, Building Inspectors, or those who drive on behalf of the City          as part of carrying out their job duties and responsibilities and those          employees with  take home city vehicles.

       ii.  The random selection, by its very nature, provides an equal chance for          each safety sensitive employee to be selected each time random            selection occurs in a calendar year. Alternatively, some employees          may not be selected in a calendar year. Random selections will be            reasonably spread throughout the year. Unlike CDL regulated, non-          CDL regulated testing percentages may vary dependent upon testing          results and overall city drug free work environment.

4) POST-ACCIDENT / INJURY TESTING

 Post-accident tests shall be conducted after accidents on employees whose performance could have contributed to the accident and other criteria.

     a)  Post-accident or injury alcohol and drug testing shall be required when                 any city employee is involved in an accident or injury on City property,                 during the course of their employment, or while operating City and/or               personal equipment or vehicles in pursuit of City business which                   results in:

             i.    Accident results in a fatality; or

        ii.  Injuries requiring medical treatment other than minor first aid;              or

iii. damages to vehicle or equipment that require the city to pay for              repairs;

        iv.  A driver is involved in a recordable accident and receives a                citation for a moving violation arising from the accident; or

        v.  Accident results in one or more vehicles being disabled to                the extent that it must be towed from the scene.

        vi.  Post-accident tests may include screens for both drugs and                alcohol.

     b) Following any accident, the employee must contact the department head        And/or human resources immediately or as soon as able as testing will be        required as soon as possible following the accident.

     c) If no alcohol collection can be made within eight (8) hours, attempts to          collect a sample shall cease and human resources or designee will          document reasons and consequences, if applicable.

     d) If no urine collection can be obtained for purposes of post-accident drug        testing within thirty-two (32) hours, attempts to make such a collection          shall cease and human resources or designee will document reasons and        consequences, if applicable. All attempts documented shall be reviewed        by human resources for the appropriate action or non-action as applicable.

     e)  In the event an employee is so seriously injured that the employee                  cannot provide a urine specimen or breath sample at the time of the              accident, the employee must provide necessary authorization for the              City to obtain hospital records or other documents that would indicate              whether there were controlled substances or alcohol in the employee              system at the tune of the accident.      

     f) In the event that federal, state, or local officials conduct breath or                   blood tests for the use of alcohol and/or urine tests for the use of                   controlled substances following an accident, these tests shall be                   considered to meet the requirements of this section, provided the                   tests conform to a applicable federal, state, or local requirements. The                 employee will sign a release allowing the City to obtain the test results                 from federal, state, or local officials.

5) RETURN TO DUTY TESTING

 Following evaluation and treatment, if any, an employee cannot be returned to duty until he/she has been evaluated by a substance abuse professional, has complied with recommended rehabilitation and has a negative result on a return to work test.

 F)   MANDATORY SANCTIONS BASED ON POSITIVE TEST RESULTS

   1) If the employee subject to this policy tests positive, that person must be                removed from duty. A 0.04 blood alcohol content or greater is considered               positive and subject to disciplinary action and up to termination. The                    employee will be provided the opportunity to seek a substance abuse                    evaluation.

   2) If the employee has an alcohol test result between 0.200 and 0.399, the               employee shall be removed from safety-sensitive functions for 24 hours                without pay.

 G)   SUBSTANCE ABUSE EVALUATION

   1)  Any employee who engages in prohibited conduct shall be provided with               names, addresses, and telephone numbers of qualified substance abuse               professionals. If the employee desires to become re-qualified, the employee     must be evaluated by a Substance Abuse Professional (SAP) and submit to      any treatment prescribed by the SAP. Following evaluation and treatment, if      any, in order to become re-qualified the employee must submit to and                   successfully complete a return-to-duty drug and/or alcohol test.

 H)    FOLLOW-UP TESTING

   1) Follow-up testing is separate from and in addition to the City's reasonable               suspicion, post-accident, post-injury, property damage and random testing            procedures.

   2) CDL - Follow-up testing shall be on a random basis and be in accordance                with the instructions of the Substance Abuse Professional. Follow-up testing      may continue for a period of up to 60 months following the employee's return             to duty. No fewer than six tests shall be performed in the first 12 months of      follow-up testing, i.e., CDL regulations.

   3) Other Safety Sensitive positions. Follow-up testing shall be on a random                basis and be in accordance with the instructions of the Substance Abuse                Professional. Follow-up testing may continue for a period of up to 60 months      following the employee's return to duty.  

4)  The costs of any SAP evaluation or prescribed treatment and follow up testing shall be borne by the employee.

  I)   HOW TEST CONDUCTED
 
   1) ALCOHOL TESTS

 The City will perform alcohol tests using an evidential breath-testing device. The City may provide use of an evidential breath-testing device through a vendor or agent. The employee shall report to the site as notified by human resources, a member of management, or other official of the City. A breath alcohol technician will operate the evidential breath-testing device. The employee shall follow all instructions given by the breath alcohol technician.

   2) DRUG URINALYSIS

 Drug testing will be performed through urinalysis. Urinalysis will test for the presence of drugs and/or metabolites of the following controlled substances: (1) marijuana, (2) cocaine, (3) opiates, (4) amphetamines, (5) phencyclidine (PCP).

 The Urinalysis procedure starts with the collection of a urine specimen. Urine specimens will be submitted to a SAMHSA-certified laboratory for testing. As part of the collection process, the specimen provided will be split into two vials: a primary vial and a secondary vial. The SAMHSA-certified laboratory will perform initial screenings on all primary vials. In the event that the primary specimen tests positive, a confirmation test of that specimen will be performed before being reported by the laboratory to the MRO as a positive.

 All laboratory results will be reported by the laboratory to a Medical Review Officer (MRO) designated by the City. Negative test results shall be reported by the MRO to the human resources director or designated management personnel indicated in advance by the human resource director. Before reporting a positive test result to the human resources director, the MRO will attempt to contact the employee to discuss the test result.  

 If the MRO is unable to contact the employee directly, the MRO will contact the human resources director or designated management personnel indicated in advance by the human resources director, who shall in turn contact the employee and direct the employee to contact the MRO.

 Upon being so directed, the employee shall contact the MRO immediately or, if after the MRO's business hours and the MRO is unavailable, at the start of the MRO's next business day. In the MRO's sole discretion, a determination will be made as to whether a result is positive or negative.

 Pursuant to FMCSA/DOT regulations, individual test results for applicants and employees will be released to the human resources director or designee and will be kept strictly confidential unless consent for the release of the test results has been obtained. Any individual who has submitted to drug testing in compliance with this policy is entitled to receive the results of such testing upon timely written request.

 An individual testing positive may make a request of the MRO to have the secondary vial tested. A different SAMHSA-certified laboratory will test the secondary vial than tested the primary specimen. The individual making the request for a test of the second specimen must pre-pay all costs associated with the test. The request for testing of a second specimen must be made to the MRO within 72 hours of the individual being notified by the MRO of a positive test result.          

     a) A laboratory certified by the Department of Health and Human                    Services must perform analysis.      

     b) Split Specimen must be taken for each test.

     c) If the first sample shows drugs, the employee can demand analysis of              the second sample by an independent laboratory of the specimen                  within 72 hours.

     d) All results must be reviewed and interpreted by a Certified MRO                  before being reported to the human resources director or designee.

 e) If there is a positive result, the physician must contact the employee to            determine if there is an alternative medical explanation for the result      before reporting a “positive” result.