Ordinance No. 13,327ORDINANCE NO. 13,327
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
REPEALING THE EXISTING CITY OF BAYTOWN PERSONNEL POLICY MANUAL;
ADOPTING A NEW CITY OF BAYTOWN PERSONNEL POLICY MANUAL;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown hereby repeals existing City of Baytown
Personnel Policy Manual in its entirety.
Section 2: That the City Council of the City of Baytown hereby adopts a new City of Baytown
Personnel Policy Manual, which is attached hereto as Exhibit "A" and incorporated herein for all intents and
purposes.
Section 3: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided however, that such repeal shall be only to the extent of such inconsistency and in all
other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject
matter covered by this ordinance.
Section 4: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase
of this ordinance or the application of same to any person or set of circumstances, shall for any reason be held
unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this
ordinance or their application to other persons or sets of circumstances and to this end all provisions of this
ordinance are declared to be severable.
Section 5: This ordinance shall take effect on January 1, 2017, after its passage by the City
Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of ity Council of the City of
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Baytown this the 13th day of October, 2016. l
.DONCARLOS,
A ST:
LETICIA BRYSCH, City rk
APPROVED AS TO FORM:
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NAC10 RA REZ, SR., 1 Attorney
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City of Baytown
Personnel Policy Manual
BAYTOWN
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CONTENTS
CHAPTER 1. GENERAL PROVISIONS ...................................................................... ..............................5
CHAPTER 1. SECTION 1: INTRODUCTION ........ ............................... 5
CHAPTER 1. SECTION 2: EQUAL OPPORTUNITY EMPLOYER ........................ ............................... 6
CHAPTER 1. SECTION 3: DISCRIMINATION & RETALIATION -FREE WORK ENVIRONMENT POLICY...
7
CHAPTER 1. SECTION 4: HARASSMENT -FREE WORK ENVIRONMENT POLICY . ...............................
8
CHAPTER 1. SECTION 5: SEXUAL HARASSMENT -FREE WORK ENVIRONMENT POLICY .................
9
CHAPTER 1. SECTION 6: CODE OF CONDUCT ............................................. .............................10
CHAPTER 2. SECTION 5: PROMOTIONS ...................................................... .............................15
CHAPTER 1. SECTION 7: PERSONNEL FILES ............................................... .............................10
Chapter 2. Section 5a: Temporary Promotions ................................... .............................15
Chapter 1. Section 7a: Employee Privacy .......................................... .............................10
Chapter 1. Section 7b: Responsibilities under Texas Public Information Act ...................11
Chapter 1. Section 7c: Employee Access to Personnel Records and Management Files 11
Chapter 1. Section 7d: Current Address and I nformation .................... .............................11
Chapter 1. Section 7e: Confidentiality of Medical Information ............. .............................11
CHAPTER 1. SECTION 8: EMERGENCY CONDITIONS PERSONNEL POLICY ..... .............................12
CHAPTER 1. SECTION 9: DEPARTMENTAL POLICIES AND PROCEDURES ........ .............................13
CHAPTER 2. RECRUITMENT AND EMPLOYMENT ............................................ .............................14
CHAPTER 2. SECTION 1: VACANCIES ......................................................... .............................14
CHAPTER 2. SECTION 2: APPLICATIONS ..................................................... .............................14
CHAPTER 3. SECTION 3: RECORD KEEPING ............................................... .............................23
CHAPTER 2. SECTION 3: EVALUATION AND SELECTION OF APPLICANTS ....... .............................14
CHAPTER 3. SECTION 4: RELEASE OF PAYROLL CHECKS ............................ .............................23
CHAPTER 2. SECTION 4: DISQUALIFICATION ............................................... .............................14
CHAPTER 3. SECTION 5: HOURS WORKED ................................................. .............................23
CHAPTER 2. SECTION 5: PROMOTIONS ...................................................... .............................15
CHAPTER 3. SECTION 6: OVERTIME ........................................................... .............................23
Chapter 2. Section 5a: Temporary Promotions ................................... .............................15
CHAPTER 3. SECTION 7: COMPENSATORY TIME AGREEMENT (COMP TIME) . .............................24
Chapter 2. Section 5b: Transfers ........................................................ .............................15
CHAPTER 3. SECTION 8: FLSA FLEX TIME ................................................. .............................24
Chapter 2. Section 5c: Demotions ...................................................... .............................16
CHAPTER 3. SECTION 9: EXEMPT EMPLOYEES ............................................. .............................24
CHAPTER 2. SECTION 6: RE- EMPLOYMENT ................................................ .............................16
CHAPTER 3. SECTION 10: STANDBY TIME .................................................. .............................25
CHAPTER 2. SECTION 7: AUTHORITY OF APPOINTMENT .............................. .............................16
CHAPTER 2. SECTION 8: CATEGORIES & CLASSIFICATION ........................... .............................17
CHAPTER 2. SECTION 9: NEPOTISM ........................................................... .............................17
CHAPTER 2. SECTION 10: RESIDENCE ....................................................... .............................19
CHAPTER 2. SECTION 11: MEDICAL EXAMINATIONS .................................... .............................19
CHAPTER 2. SECTION 12: AGE REQUIREMENTS ......................................... .............................19
CHAPTER 2. SECTION 13: IMMIGRATION LAW REQUIREMENTS ..................... .............................19
CHAPTER 2. SECTION 14: PROBATION ....................................................... .............................20
CHAPTER 2. SECTION 15: NEW EMPLOYEE PROCESSING AND ORIENTATION .............................21
CHAPTER 3. COMPENSATION AND WORK HOURS ...................................... ............................... 22
CHAPTER 3. SECTION 1: SALARY POLICY ................................................... .............................22
CHAPTER 3. SECTION 2: ADVANCE PAY ..................................................... .............................23
CHAPTER 3. SECTION 3: RECORD KEEPING ............................................... .............................23
CHAPTER 3. SECTION 4: RELEASE OF PAYROLL CHECKS ............................ .............................23
CHAPTER 3. SECTION 5: HOURS WORKED ................................................. .............................23
CHAPTER 3. SECTION 6: OVERTIME ........................................................... .............................23
CHAPTER 3. SECTION 7: COMPENSATORY TIME AGREEMENT (COMP TIME) . .............................24
CHAPTER 3. SECTION 8: FLSA FLEX TIME ................................................. .............................24
CHAPTER 3. SECTION 9: EXEMPT EMPLOYEES ............................................. .............................24
CHAPTER 3. SECTION 10: STANDBY TIME .................................................. .............................25
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CHAPTER 3. SECTION 11: TRAVEL AND TRAINING TIME ............................... .............................25
CHAPTER 3. SECTION 12: HOURS OF WORK .............................................. .............................25
CHAPTER 4. EMPLOYEE DEVELOPMENT ......................................................... ............................... 26
CHAPTER 4. SECTION 1: PERFORMANCE MANAGEMENT .............................. .............................26
CHAPTER 4. SECTION 2: PERFORMANCE EVALUATION REVIEW ................... .............................26
CHAPTER 4. SECTION 3: TRAINING ............................................................ .............................26
CHAPTER 5. EMPLOYEE BENEFITS ...................................................................... .............................28
CHAPTER 5. SECTION 1: EMPLOYEE HEALTH, WELFARE AND DEVELOPMENT ............................28
CHAPTER 6. SECTION 2: WORK PERFORMANCE ......................................... .............................37
CHAPTER 5. SECTION 2: HOLIDAYS ........................................................... .............................28
CHAPTER 5. SECTION 3: VACATION ........................................................... .............................29
CHAPTER 5. SECTION 4: SICK ................................................................... .............................29
CHAPTER 6. SECTION 6: SECONDARY EMPLOYMENT ................................... .............................39
CHAPTER 5. SECTION 5: FAMILY AND MEDICAL LEAVE ................................ .............................31
CHAPTER 6. SECTION 8: DISCLOSURE OF INFORMATION ............................. .............................40
CHAPTER 5. SECTION 6: PAID ABSENCES .................................................. .............................33
CHAPTER 6. SECTION 9: ABUSE OF CITY PROPERTY .................................. .............................40
Chapter 5. Section 6a: Training and Development ............................. .............................33
CHAPTER 6. SECTION 10: PERSONAL APPEARANCE ................................... .............................40
Chapter 5. Section 6b: Civic Duty ( Voting) .......................................... .............................33
CHAPTER 6. SECTION 11: ALCOHOL AND DRUG SCREENING PROCEDURES .. .............................40
Chapter5. Section 6c: Jury Duty ........................................................ .............................33
CHAPTER 6. SECTION 12: REHABILITATION PROGRAM ................................ .............................41
Chapter 5. Section 6d: Witness ........................................................ ...............................
34
Chapter 5. Section 6e: Emergency Leave for Funerals ...................... .............................34
Chapter 5. Section 6f. Emergency Situations ..................................... .............................34
CHAPTER 5. SECTION 7: LEAVE WITHOUT PAY ........................................... .............................34
Chapter 5. Section 7a: Religious Observance .................................... .............................34
Chapter 5. Section 7b: Military Leave ................................................. .............................35
Chapter 5. Section 7c: Tardiness ....................................................... .............................35
Chapter 5. Section 7d: Absence Without Leave ................................. .............................35
CHAPTER 5. SECTION 8: ON- THE -JOB INJURY LEAVE ................................. .............................35
CHAPTER6. CONDUCT .............................................................................................. .............................37
CHAPTER 6. SECTION 1: ATTENDANCE ...................................................... .............................37
CHAPTER 6. SECTION 2: WORK PERFORMANCE ......................................... .............................37
CHAPTER 6. SECTION 3: SAFETY STANDARDS ............................................ .............................38
CHAPTER 6. SECTION 4: POLITICAL ACTIVITY ............................................. .............................38
CHAPTER 6. SECTION 5: SOLICITATION ...................................................... .............................38
CHAPTER 6. SECTION 6: SECONDARY EMPLOYMENT ................................... .............................39
CHAPTER 6. SECTION 7: ACCEPTANCE OF GIFTS ........................................ .............................39
CHAPTER 6. SECTION 8: DISCLOSURE OF INFORMATION ............................. .............................40
CHAPTER 6. SECTION 9: ABUSE OF CITY PROPERTY .................................. .............................40
CHAPTER 6. SECTION 10: PERSONAL APPEARANCE ................................... .............................40
CHAPTER 6. SECTION 11: ALCOHOL AND DRUG SCREENING PROCEDURES .. .............................40
CHAPTER 6. SECTION 12: REHABILITATION PROGRAM ................................ .............................41
CHAPTER 7. DISCIPLINE AND APPEALS ........................................................... ............................... 42
CHAPTER 7. SECTION 1: GROUNDS FOR DISCIPLINARY ACTION ................... .............................42
CHAPTER 7. SECTION 2: TYPES OF DISCIPLINARY ACTION ........................... .............................42
Chapter 7. Section 2a: Written Reprimand ......................................... .............................42
Chapter 7. Section 2b: Suspension .................................................... .............................42
Chapter 7. Section 2c: Demotion ........................................................ .............................43
Chapter 7. Section 2d: Termination .................................................... .............................43
CHAPTER 7. SECTION 3: APPEAL OF DISCIPLINARY ACTION ......................... .............................43
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CHAPTER 8. SEPARATION FROM EMPLOYMENT ............................................ .............................45
CHAPTER 8. SECTION 1: SEPARATION PROCESSING ..................................... .............................45
CHAPTER 8. SECTION 2: RESIGNATION ....................................................... .............................45
CHAPTER 8. SECTION 3: REDUCTION IN FORCE ........................................... .............................45
CHAPTER 8. SECTION 4: INCAPACITY .......................................................... .............................45
CHAPTER 8. SECTION 5: JOB ABANDONMENT .............................................. .............................45
CHAPTER 8. SECTION 6: RETIREMENT ........................................................ .............................45
CHAPTER 8. SECTION 7: TERMINATION ....................................................... .............................46
CHAPTER8. SECTION 8: DEATH ................................................................. .............................46
CHAPTER 9. REINSTATEMENT .............................................................................. ............................... 47
CHAPTER 9. SECTION 1: EMPLOYEES RETURN FOLLOWING A (RIF) REDUCTION IN FORCE .........47
CHAPTER 9. SECTION 2: RETURN FROM MILITARY LEAVE ............................ .............................47
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Chapter 1. General Provisions
Chapter 1. Section 1: Introduction
This manual contains all Personnel Policies governing employment at the City of Baytown. The
purpose of this manual is to provide employees with a comprehensive source of information on
the formal policies and procedures to be followed. The policies themselves are designed to
create a workplace that is efficient, united, responsive, and respectful.
There are two documents that govern matters of personnel for the City of Baytown: this
Personnel Policy Manual, and the Administrative Rules (in a separate document). Personnel
Policies are developed by the Human Resources Department and must be approved by the City
Council to take effect. These policies cover appointment, benefits, standards of conduct and
termination, and other issues tied to employment instead of job tasks. Administrative Rules are
developed by the Human Resources Department and approved by the City Manager.
Administrative Rules deal mostly with on-the-job activities and procedures.
The general content of these policies
environment that is free of discrimination,
code of conduct, emergency conditions
procedures.
The Purpose of the Personnel Policy
includes equal employment opportunity, a work
retaliation, harassment, and sexual harassment, the
personnel files, and departmental policies and
The purpose of the City's Personnel Policy is to provide a consistent guide to personnel actions
involving City employees. It is not intended to create contractual rights regarding employment,
termination or other personnel actions. It is not intended to give specific guidelines for every
conceivable personnel action, but rather to be a guide for resolving personnel matters. This
document is sufficiently broad to provide the latitude of discretion which may be needed in
individual situations. However, this degree of discretion shall not be permitted to violate the
Policy's intent. This Policy should be referred to regularly when making decisions affecting City
personnel. It will help to ensure that decisions are fair, consistent, and in accordance with the
desires of city management.
At -Will Employment
Employment with the City is for no fixed or definite term. All employment by the City has been
and continues to be at -will, except for those positions that may have a written contract approved
by the City Council. That means that both the employee and /or the City have the right to
terminate employment at any time, with or without notice, and with or without cause. This Policy
does not constitute a contract of employment. Nothing in this policy is intended to alter the
continuing at -will status of employment with the City.
Management Authority
The City may modify, revoke, suspend, interpret, terminate, or change any or all of its policies
and procedures, in whole or in part, at any time. Policy administration rests with City
management and City management reserves sole authority to administer City operations.
This policy manual supersedes any and all previous personnel policy manuals approved or
utilized by the City of Baytown and becomes effective January 1, 2017.
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Responsibilities
The general and final authority for human resource management rests with the City Manager,
who may delegate it as necessary and proper, except for matters reserved to the City Council
by State law or City Charter. The Director of Human Resources shall advise and support
management in all areas, including employee- management relations; training and career
development; classification; compensation; benefits; retirement programs; and employee health,
safety and morale.
The Director of Human Resources is delegated the responsibility for developing, administering,
interpreting and maintaining the Personnel Policies and Administrative Rules. Department
directors are responsible for enforcing these policies and for cooperating with the Director of
Human Resources and his /her designee(s) on all matters pertinent to their organizational units.
Department directors are responsible for maintaining a current copy of the policies in a form that
is accessible and available to all employees in their department. All employees have a
responsibility and role in the implementation of these policies and procedures.
These personnel policies shall apply to all City employees, including full -time employees, part-
time employees, temporary/seasonal employees, volunteers, and community service workers,
except where these policies may be in conflict with federal, state, or local legislation.
Enforcement of these policies is handled in the manner prescribed by the individual policies.
These policies relate only to matters of personnel management and do not include any
departmental procedures, standard practices, standing orders, or other technical matters.
Supplemental rules for all City departments may be developed within the respective
departments so long as these departmental policies do not conflict with City personnel policies
and procedures.
The City of Baytown's Civil Service Commission adopts rules for all classified Civil Service
personnel in the Fire and Police Departments. Where Civil Service policies are silent, the City
of Baytown Personnel policies shall apply.
Chapter 1. Section 2: Equal Opportunity Employer
The City of Baytown is an Equal Opportunity Employer of qualified individuals. The City
commits that all applicants and employees will be treated equally without regard to race, color,
religion, sex (including pregnancy, childbirth, or related medical conditions), national origin, age,
disability, or genetic information, or any other factors that are not related to individual ability, job
performance and potential to develop in the workplace. The only exceptions are based on bona
fide occupational qualifications such as the age requirements regulated by the Civil Service
Commission.
The City promotes and values diversity in all aspects of the organization. Workforce diversity
enables us to recruit, retain, promote, and tap the full potential of people. It is the diversity of
our workforce, and the broad range of individual characteristics, beliefs, and values of our staff
that characterize our fundamental approach to delivering the best service to our citizens.
Diversity includes not only the areas of actual or perceived race, color, religion, sex (including
pregnancy, childbirth, or related medical conditions), national origin, age, disability, or genetic
information, but also extends to personal history, work experiences, education, job function, job
tenure, personality, geographic origin, thinking style, leadership ability, and skill level. Our
commitment is to build an inclusive work culture that recognizes and values the uniqueness of
each of our employees. Our diversity philosophy is based on embracing every human being's
uniqueness. We respect, recognize, and value the contribution each one makes. We strive to
promote, model, and reward attitudes and behaviors that demonstrate inclusiveness.
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The City has developed programs to ensure that employment decisions will be made to further
the principle of equal employment opportunity. Employment actions include, but shall not be
limited to the following: recruitment, employment, benefits, upgrading, promotions, demotions,
transfers, leaves of absence, layoffs, terminations, rate of pay or other forms of compensation,
selection for training, and social and recreation programs.
To implement the necessary programs, the City Manager has assigned overall program
responsibility to the Director of Human Resources to monitor all personnel activities occurring
within the City.
An employee or applicant with an equal opportunity related concern is encouraged to
confidentially discuss the matter with the Human Resources Director or designee for advice,
evaluation, and if warranted, investigation. The City takes its commitment to equal opportunity
very seriously and believes that it is the responsibility of all employees to assist the City in
meeting its goals through the development of a qualified, diversified workforce. The City will
take disciplinary actions against individuals identified as discriminating or harassing any
individuals because of race, color, religion, sex (including pregnancy, childbirth, or related
medical conditions), national origin, age, disability, or genetic information, and in the same
manner actions will be taken against individuals making false accusations due to the
seriousness of the subject.
Chapter 1. Section 3: Discrimination & Retaliation -Free Work Environment Policy
All City employees are entitled to a work environment free from discrimination and retaliation.
Discriminatory treatment occurs when an individual uses a protected class (groups protected
from employment discrimination by law) as a basis for an adverse employment action or
decision. This policy covers allegations of race, color, religion, sex (including pregnancy,
childbirth, or related medical conditions), national origin, age, disability, or genetic information
discrimination in promotion, transfer, compensation, term, conditions, or privileges of
employment.
This policy also covers claims that an employee is being retaliated against for reporting a
violation of law (whistleblower), opposing unlawful discriminatory employment practices, making
a good faith complaint under this policy, or for participating in the investigation of such a
complaint.
The City considers discrimination and retaliation to be grave acts of misconduct and may
subject the perpetrator to disciplinary action up to and including termination. Supervisors are
accountable and have an obligation to pursue a discrimination and retaliation -free workplace
environment.
The City will investigate every report of an alleged incident made in the workplace and will take
appropriate action. The result of that action may range from informal counseling to disciplinary
action, up to and including termination, the first time such behavior occurs. Prior incidents of
discrimination or retaliation may be considered when assessing the facts and circumstances of
a later complaint. Every City employee shall support and enforce this policy. Supervisors who
observe or know of a discriminatory or retaliatory situation, and fail to take corrective action,
may be disciplined even if the behavior is not taking place in their work unit. Retaliation, in any
form, against an employee for reporting a complaint in good faith under this policy, or for
assisting in the investigation of such a complaint is prohibited.
The City recognizes that Title I of the Americans with Disability Act of 1990 (ADA) and
subsequent ADA Amendments Act of 2008 (ADAAA) prohibit covered employers from
discriminating against a "qualified individual with a disability in any term, condition, or privilege
of employment." The City has made a full commitment that it will not discriminate against any
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individual with a disability who, with or without reasonable accommodation, can perform the
essential functions of the employment position that such individual holds or desires.
Furthermore, the City will make "reasonable accommodations" as long as it does not cause an
"undue hardship" (as defined by the regulations) for the City. This policy applies to all
applicants, employees, and employees seeking promotional opportunities. If you are an
applicant or employee who requests an accommodation due to a disability, please contact the
Human Resources Department.
Chapter 1. Section 4: Harassment -Free Work Environment Policy
All City employees are entitled to a workplace free from unlawful harassment by management,
supervisors, co- workers, elected officials, volunteers, citizens, and other third parties. The City
of Baytown will not condone and will not tolerate harassment of any of its employees on the
basis of race, color, religion, sex (including pregnancy, childbirth, or related medical conditions),
national origin, age, disability, or genetic information. (Sexual Harassment is dealt with by a
separate policy and incidents should be reported to an employee's Department Director or the
Director of Human Resources, or designee, as provided in that policy). City employees are also
prohibited from harassing citizens, vendors, and all other third parties.
Behavior constitutes harassment when it is unwelcome and unsolicited, offends or otherwise
causes distress, and is undertaken because of an individual's protected status.
Harassment creates a negative atmosphere that reduces work productivity and morale,
undermines the integrity of the workplace, and destroys professionalism. Harassment includes
any unwelcome, unsolicited and /or unwanted behavior towards management, supervisors, co-
workers, elected officials, volunteers, citizens, and other third parties, which offends, humiliates,
embarrasses, intimidates, or otherwise causes distress because of a person's race, color,
religion, sex (including pregnancy, childbirth, or related medical conditions), national origin, age,
disability, or genetic information, as well as any other category protected by federal, state, or
local laws. Prohibited conduct includes, but is not limited to: epithets, slurs, and negative
stereotyping; threatening, intimidating, or hostile conduct; denigrating jokes and comments; and
writings, pictures, or electronic messages that single out, denigrate, or show hostility or aversion
toward someone on the basis of a protected characteristic. Conduct, comments, or innuendos
that may be perceived by others as offensive are wholly inappropriate and are strictly prohibited.
This policy also prohibits sending, showing, sharing, or distributing in any form, inappropriate
jokes, pictures, comics, stories, etc., via facsimile, email, internet, or any other communication
medium.
Good faith employment actions do not constitute harassment. Good faith employment actions
by a supervisor or manager such as, offering constructive feedback or criticism, holding
employees accountable, and providing discipline, where appropriate, do not constitute, and
should not make for, harassment or retaliation. These employment actions are aimed at
enhancing workplace productivity and /or addressing work performance, and are within the
responsibilities and obligations of all supervisors and managers.
The City will investigate every report of an alleged incident made in the workplace and will take
appropriate action. The result of that action may range from informal counseling to disciplinary
action, up to and including termination, the first time such behavior occurs. Prior incidents of
harassment may be considered when assessing the facts and circumstances of a later
complaint. Every City employee shall support and enforce this policy. Supervisors are
accountable and have an obligation to pursue a harassment -free workplace environment.
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Supervisors who observe or know of a harassment situation, and fail to take corrective action,
may be disciplined even if the harassment is not taking place in their work unit.
Retaliation, in any form, against an employee for reporting a complaint in good faith under this
policy, or for assisting in the investigation of such a complaint, is prohibited.
Chapter 1. Section 5: Sexual Harassment -Free Work Environment Policy
The City of Baytown prohibits sexual harassment of its employees by management,
supervisors, co- workers, elected officials, volunteers, citizens, and other third parties. Sexual
harassment negatively affects morale, motivation, and job performance. It is inappropriate,
offensive, illegal and will not be tolerated.
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct
of a sexual nature constitute sexual harassment when:
• submission to such conduct is either expressed or implied as a term or condition of an
individual's employment;
submission to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting such individual; or
• such conduct has the purpose or effect of unreasonably interfering with an individual's
work performance or creating an intimidating, hostile, or offensive work environment.
Prohibited conduct includes but is not limited to unwelcome verbal behavior such as comments,
suggestions, jokes, or derogatory remarks based on sex; unwanted physical behavior such as
pats, squeezes; visual harassment such as posting of sexually suggestive or derogatory
pictures, cartoons, drawings or electronic messages, even at one's work station; unwanted
sexual advances, pressure for sexual favors and /or basing employment decisions (such as an
employee's performance evaluations, work assignments, or advancement) upon the employee's
acquiescence to sexually harassing behavior in the workplace.
Supervisors are accountable and have an obligation to ensure that their employees are afforded
the opportunity to work in an environment that is free from sexually discriminatory insults,
ridicule, intimidation or other types of harassment.
The condoning of a hostile work place by a supervisor is not conducive to the spirit and intent of
the City's commitment to ensuring fair and equal treatment of employees.
Any employee who is aware of any instances of sexual harassment shall report the alleged act
immediately using the processes outlined in Administrative Rules, Chapter 1, Section 5:
Complaint Procedures. If the employee is uncomfortable in discussing the matter with the
supervisor or if the supervisor is not available, the employee shall report the alleged act
immediately to the Human Resources Director or designee. Supervisors and managers who
receive a sexual harassment complaint shall contact the Director of Human Resources.
The City does not tolerate sexual harassment, nor does it tolerate reprisals against an employee
who makes a sexual harassment complaint. All complaints will be investigated promptly,
impartially, and discreetly and, upon completion of the investigation, the appropriate parties will
be notified immediately of the findings. Any supervisor, manager, director, or other employee
who violates this policy is subject to disciplinary action, up to and including termination.
Appropriate action will be taken with outside parties who are in violation with this policy. Any
supervisor who receives a complaint of sexual harassment and fails to report or take corrective
action pursuant to this policy also is subject to disciplinary action. All employees are
responsible for reporting incidences of sexual harassment. Any employee who refuses to
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cooperate in the investigation, or who files a complaint of sexual harassment in bad faith, will be
subject to disciplinary action up to and including termination.
Retaliation, in any form, against an employee for reporting a complaint in good faith under this
policy, or for assisting in the investigation of such a complaint, is prohibited.
We trust that the employees will act responsibly to maintain a pleasant working environment,
free of discrimination, allowing each employee to perform to his /her maximum potential. The
City encourages any employee to bring questions he /she may have regarding discrimination of
this type to the Human Resources Director or designee, Assistant Director of Human Resources
or Director of Human Resources for guidance and clarification.
Chapter 1. Section 6: Code of Conduct
All employees are required to adhere to Administrative Rules, Chapter 6, Section 1: Code of
Conduct and Ethics in order to conform to what is deemed to be an acceptable standard of
professional and responsible behavior.
All City employees shall consistently maintain the highest standards of personal integrity,
honesty, and trust in carrying out their duties; avoid real or perceived improprieties in their roles
as public servants; and never use their City positions or authority to improperly obtain personal
and /or professional gain. These guidelines shall apply at all times during the performance of
City functions and include improper use of City equipment and /or City- issued items, as well as
seeking and accepting gratuities. Any potential conflict of interest and /or circumstances that
may present an ethical dilemma should be discussed with the appropriate supervisor(s) or
Human Resources.
Additionally, certain employees must comply with all applicable portions of City of Baytown
"Code of Ethics" as codified in the City of Baytown Code of Ordinances, Chapter 2, Article V/ll.
An updated version of this ordinance can be obtained from the City Clerk's Office. Where an
employee holds a certification or a license that is required by their job description, they are also
bound by the code of ethics of the certifying or licensing body.
Chapter 1. Section 7: Personnel Files
The Human Resources Department shall maintain the official personnel files for all employees.
Unless otherwise provided by law, personnel files and information contained therein shall be
confidential and may not be used or divulged for purposes not connected with City personnel
management except with the permission of the employee involved. Nothing herein shall prevent
the dissemination of impersonal statistical information.
Department Directors shall report changes in personnel status of their employees in accordance
with procedures developed by the Director of Human Resources.
Chapter 1. Section 7a: Employee Privacy
The City has a policy of respecting the dignity and worth of each individual employee while
expecting that each employee shall offer his /her loyalty, respect and best efforts in return.
However, as public sector employees supported by public funds, employees should not expect
privacy in their work, workstations or any city owned property including vehicles, and /or anything
that belongs to the City used to produce that work.
The City shall demonstrate its concern for individual dignity by minimizing its intrusion into the
employee's off-the-job conduct except where it impacts the public's safety or brings disrepute to
the City. However, the City shall retain its duties and privileges as an employer consistent with
good business practices. This includes collection, retention, use, disclosure, and confidentiality
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of employee information. The City shall comply with all requirements of federal or state law
regarding confidentiality of medical information.
All personnel files are subject to release under the Texas Public Information Act, unless an
exception applies.
Chapter 1. Section 7b: Responsibilities under Texas Public Information Act
All employees are responsible for a level of confidentiality that will preserve an environment that
supports sincerity, honesty, and ethical behavior.
As official government records, most types of communication, unless they fit an exception to
disclosure, may be made available to the public upon written request in accordance with in the
Public Information Act.
Every employee is responsible for designating, in writing, whether any information about their
home address, telephone number, or emergency contact information can be released under the
Texas Public Information Act. A signed form shall be in the employee's personnel file that states
that this information is not to be released; otherwise, it is subject to release under this Act.
Chapter 1. Section 7c: Employee Access to Personnel Records and Management Files
Employees have the right to review information in their Personnel Files. Human Resources shall
limit the availability of personal information to those officials with a clear need to know.
Chapter 1. Section 7d: Current Address and Information
Each employee is responsible for promptly notifying the Human Resources Department of
changes in address, telephone number, marital status, and dependents. This responsibility
includes employees on layoff status, sick leave, and any other type of leave of absence.
Chapter 1. Section 7e: Confidentiality of Medical Information
Federal law requires that the City maintain all employee medical information in separate,
confidential files. Therefore, in addition to personnel files, the City maintains a separate medical
file for each employee.
Information that may be provided to the City by an employee's health care provider, and
maintained in the confidential medical file, includes but is not limited to:
• A note to justify an absence
• A note to request a leave
• A note to verify the employee's ability to return to work
• Medical records to support a claim for sick pay or disability benefits
• Insurance records
• Workers' compensation records
It is important that employees understand that the records are confidential but that the
confidentiality may be waived when the employee provides medical information to his /her
supervisor or the Director of Human Resources. When an employee provides information to
his /her Supervisor, the Supervisor is expected to share the information only on an "as needed"
basis to other members of management.
In addition to protecting their own confidential medical information, employees must also respect
the privacy and confidentiality of their co- workers' medical information. Employees are expected
to use discretion and judgment when dealing with such information and are to refrain from
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passing along information, gossip, rumors, or anything else that may constitute an invasion of a
co- worker's privacy or breach of confidence.
The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other
entities covered by GINA Title II from requesting, or requiring, genetic information of an
individual or family member of the individual, except as specifically allowed by this law. To
comply with GINA, employees are directed not to provide any genetic information when
responding to any City request for medical information. "Genetic information," as defined by
GINA, includes an individual's family medical history, the results of an individual's or family
member's genetic tests, the fact that an individual or an individual's family member sought or
received genetic services, and genetic information of a fetus carried by an individual or an
individual's family member or embryo lawfully held by an individual or family member receiving
assistive reproductive services. It is unlawful for a covered entity to disclose genetic
information about applicants, employees, or members. If the City acquires genetic information
through the narrow exceptions allowed by this law, that information will be kept confidential and
in a separate medical file. The genetic information may be kept in the same file as other
medical information in compliance with the Americans with Disabilities Act (ADA). There are
limited exceptions to this non - disclosure rule, such as exceptions that provide for the disclosure
of relevant genetic information to government officials investigating compliance with Title II of
GINA and for disclosures made pursuant to a court order.
All employees are entitled to have personal and medical information kept private. Under no
circumstances shall a City employee disclose protected health information regarding another
City employee through the electronic mail system, any other electronic medium, the internet, or
written correspondence.
Unauthorized disclosure of personal health information may constitute a crime and shall subject
an employee to immediate disciplinary action up to and including termination. Any employee
who believes that the City is not complying with requirements of medical record privacy may
submit a written complaint to the Director of Human Resources. The complaint must contain a
description of the complaint and an explanation of the circumstances surrounding the complaint.
Complaints may also be filed with the Secretary of the U.S. Department of Health and Human
Services. No retribution or negative action shall be taken or tolerated because an employee files
a complaint with the Director of Human Resources or the Department of Health and Human
Services.
Chapter 1. Section 8: Emergency Conditions Personnel Policy
This policy is established to promote the increased efficiency and economy in the service of the
City.
The citizens of Baytown depend on City employees before, during and after an emergency or
disaster to provide quality customer service while maintaining and /or restoring essential public
services for the health, safety and quality of life for our community. City employees demonstrate
pride and a commitment to quality customer service by ensuring a continuation of public
services during the essential periods of every emergency or disaster. All employees are
required to adhere to Administrative Rules, Chapter 1, Section 8. Emergency Conditions which
details the scope, responsibilities and implementation of the policy. This rule also sets out
responsibilities of City employees before, during, and after disasters to ensure that City
employees function as a team in preparing the City's vital assets, maintaining essential City
services and in restoring City services.
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Chapter 1. Section 9: Departmental Policies and Procedures
Individual departments may develop supplemental personnel and administrative policies and
procedures consistent with this manual. Prior to implementation, all departmental policies will
be submitted to the Director of Human Resources (or designee) to ensure consistency with
existing policies and administrative rules. Human Resources will partner with Departmental
Directors to develop policies that align business needs with applicable standards.
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Chapter 2. Recruitment and Employment
Chapter 2. Section 1: Vacancies
Departments shall notify Human Resources when a vacancy occurs in their department so that
the City can attract and recruit high quality staff that reflects the diversity of the community and
works well within our values -based organization, which promotes and supports the core values
of Leadership, Integrity, Teamwork, Excellence, Respect, and Service.
Human Resources will post notice of the position vacancy along with the requirements needed
to perform the job. The intent of the job posting process is to enable all candidates to apply for
those vacancies for which they feel they are qualified.
An employee of the City of Baytown may refer a candidate for consideration. The employee
would direct the candidate to review the job posting details and to follow the application process
identified with the vacancy notice that has been posted.
The Director of Human Resources, in conjunction with the Department Director, may waive the
posting requirement in special situations, for example, a temporary employee who is trained and
working at a job for an extended period of time. The City has a practice of promoting qualified
candidates from within the organization whenever possible and as such, when filled from within
the Department, posting requirements may be waived in special situations with approval of the
Director of Human Resources.
Entry-level City of Baytown Fire and Police Department personnel are classified as civil service
employees. Therefore, all entry-level firefighters and police officers will be hired pursuant to
Chapter 143 of the Texas Local Government Code, the City of Baytown Local Civil Service
Rules, City of Baytown policy, and applicable Agreements.
Entry-level City of Baytown Police Department personnel are classified as civil service
employees. Therefore, all entry-level police department personnel will be hired pursuant to
Chapter 143 of the Texas Local Government Code, the City of Baytown Local Civil Service
Rules, and the rules of the City of Baytown.
Chapter 2. Section 2: Applications
Completed applications for employment must be submitted through the system of record during
the specified job posting period.
Chapter 2. Section 3: Evaluation and Selection of Applicants
The Director of Human Resources shall develop standard operating procedures for the referral
of applicants to the departments for final selection. The Human Resources Department will
screen applications based on qualifications including education and prior experience, as it
relates to the requirements of the open position.
Reference checks, interviews, pre - employment physical examination, background
investigations, written tests, and /or other screening procedures may be used to select the best
qualified person for the position.
Applications for vacancies are strictly confidential and access is restricted to those directly
involved in the selection process including Human Resources staff.
Chapter 2. Section 4: Disqualification
An applicant may be disqualified from consideration if he /she:
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a) Does not meet the qualifications necessary for the duties of the position
b) Has made a false statement of material fact on the application form or supplements
c) Has committed or attempted to commit a fraudulent act at any stage of the selection
process
d) Is not legally permitted to work
e) Does not successfully complete all pre - employment procedures which include, but are
not limited to:
L Background investigation
ii. Physical, including drug screen
iii. Driving record check
Any applicant may be disqualified from consideration upon other reasonable grounds relating to
job requirements.
Chapter 2. Section 5: Promotions
A promotion is defined conceptually as the assumption of new job duties and responsibilities
that are higher in character and scope than in the previous job. Compensation adjustments will
be determined in conjunction with Human Resources and applicable compensation practices.
Employees must be in their current position for six months before they are eligible for a
promotion. However, this time requirement may be waived by the Director of Human Resources
in coordination with the Department Director if the promotion /transfer would be in the overall
best interest of the City.
All promotions and promotional increases shall be coordinated with the Director of Human
Resources. Departments involved in the transfer and /or promotion shall mutually agree on a
date of the action. The maximum amount of time should be two weeks unless extenuating
circumstances exist and at that time it will be a management decision in coordination with the
Director of Human Resources.
Chapter 2. Section 5a: Temporary Promotions
A temporary promotion may be authorized to ensure the proper performance of City functions if
a position is vacant or its regular incumbent is absent for more than two (2) consecutive pay
periods. Employees so promoted shall be additionally compensated for the duration of their
assignments in amounts to be determined by the Director of Human Resources in coordination
with the Department Director.
Temporary promotions shall not be used to circumvent normal selection procedures. The
employees involved shall not acquire any status or rights in the position to which temporarily
promoted except as provided above.
Nothing herein shall be construed to prevent the assignment of additional duties to an employee
without additional compensation. Authorized additional compensation shall be paid only in
cases of formal temporary promotion effected in accordance with these rules.
Chapter 2. Section 5b: Transfers
A transfer is defined conceptually as the assignment of an employee from one position to
another position of the same or similar grade. Transfers may be made administratively or in
conjunction with an announced selection process. An interdepartmental transfer may occur at
any time for administrative convenience or upon request of the employee, as approved by the
Department Director and the Director of Human Resources, provided that the employee is
qualified to perform the duties of the position to which transfer is contemplated.
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Departments involved in the transfer and /or promotion shall mutually agree on a date of the
action. The maximum amount of time should be two weeks unless extenuating circumstances
exist and at that time it will be a management decision in coordination with the Director of
Human Resources.
Chapter 2. Section 5c: Demotions
A demotion is the assignment of an employee from a position in one classification to a position
in another classification having a lower salary grade.
An employee may be administratively demoted at his /her own request. The demotion will be
approved by the Director of Human Resources in coordination with the Department Director and
the incumbent must be qualified to perform the duties of the lower level position. Such
demotions shall not be considered disciplinary actions or disqualify the employee involved from
consideration for later advancement. Demotions effected as alternatives to layoffs may be fully
or partially rescinded at any time.
Salary may be affected by a demotion and an employee may be required to start at the entry
level of the lower position or at a set percentage above entry level, based on skills and
experience.
Chapter 2. Section 6: Re- Employment
To be considered for re- employment, a former employee must have demonstrated acceptable
performance in their prior service with the City and must meet the minimum qualifications for the
position for which they are applying. A former employee will not be eligible for re -hire with the
City for six (6) months after the date of separation from the City except in the following
instances:
• The former employee was laid off due to a reduction in force;
• The former employee was a temporary and /or seasonal employee; or
• The former employee separated from the City for health reasons, provided their recovery
is certified by their physician and by the City physician.
The Director of Human Resources may waive the six (6) month period if it is determined it is in
the best interest of the City. Written documentation must be submitted by the Department
Director to substantiate the request. Individuals who were terminated from the City, who
resigned not in good standing or in lieu of discharge, who resigned pending the outcome of an
investigation in which they were the subject of or party to, or who are not otherwise
recommended for rehire, are generally not eligible for rehire. These individuals may only be
considered for employment with the City of Baytown after discussion and agreement between
the Director of Human Resources and the Department Director of the hiring department.
Rehired employees are subject to the conditions of employment and benefits of a newly hired
employee.
Chapter 2. Section 7: Authority of Appointment
Except as otherwise provided by Charter or Ordinance, the appointing authority for all City
positions shall be the City Manager or his /her designee. Appointments shall be made based on
the qualifications of applicants as ascertained through fair and practical selection methods.
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Chapter 2. Section 8: Categories & Classification
Proper classification of employees is necessary to administer salaries, determine eligibility
under the City's benefit plans, and comply with employment and tax laws.
The City offers full -time regular, part-time regular and temporary/seasonal employment
opportunities to meet the organization's staffing requirements. The City also uses temporary
employment agencies, volunteers, and community service workers to provide flexible response
to changing workload requirements.
• Full -time regular — an employee in a budgeted position with an officially scheduled work
week of 40 hours or more. Employees in these positions are eligible for the City's
benefits, subject to the terms, conditions and waiting periods of each program such as
vacation, sick leave, holidays, health insurance, life insurance, retirement, worker's
compensation, etc.
• Part-time regular — an employee in a budgeted position with an official work schedule of
less than 40 hours. Employees in these positions are not eligible for any benefits except
those which are legally mandated.
Temporary/Seasonal — an employee who is employed for only a specific time period, for
a special assignment, or as an interim replacement. Employment assignments in this
category are of limited duration (less than 1000 hours annually). Temporary/seasonal
employees may be either full -time or part-time. Intern positions are included in this
category. Employment beyond any initially stated period does not in any way imply a
change in employment status. Temporary/seasonal employees retain that status unless
and until notified of a change in writing by the Department Director and Human
Resources. Temporary employees are not eligible for any benefits except those which
are legally mandated, such as workers' compensation.
• Volunteer or Community Service Worker — an individual who provides services to the
City without any expectation of compensation or financial gain.
In addition to being in one of the above categories, each employee is also designated as either
exempt or non - exempt in accordance with federal regulations for overtime and minimum wage
requirements through the Fair Labor Standards Act (FLSA).
• Exempt— an employee in a position that qualifies under one of the exemption categories
(i.e., executive, administrative, professional, etc.) and is paid on a salary basis
regardless of the number of hours worked in a pay period. The employees in these
positions are exempt from the provisions of the FLSA's minimum wage and overtime
regulations.
• Non - exempt — an employee who is not classified as "exempt" and is paid on an hourly
basis for the number of hours worked in the work week. Employees in these positions
are subject to the provisions of the FLSA's minimum wage and overtime regulations.
In cases where the exempt/non- exempt status of an employee is in doubt, the Human
Resources Department will review position duties and responsibilities against FLSA exemption
tests. The Human Resources Department will make the final decision in all cases.
Chapter 2. Section 9: Nepotism
Nepotism is the showing of favoritism toward a relative. The practice of nepotism in personnel
matters and the awarding of contracts are prohibited. Every employee must make full disclosure
of any situation that involves or may involve a conflict between the employee and the interests
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of the City. Every employee has an obligation at all times to promote the best interests of the
City.
While it is impossible to list every circumstance that may create a possible conflict of interest,
the following should serve as a guide to the types of activities that may cause conflicts of
interest:
a) Relatives of Local Elected Officials and the City Manager
No person related to the Mayor, member of the City Council or City Manager within
the second degree by affinity (marriage) or within the third degree by consanguinity
(blood) shall be employed by the City or appointed to any office, position, or other
service of the City. This prohibition shall not apply to officers or employees who have
been employed by the City continuously for the time periods as required by Texas
Government Code, Chapter 573, as the same may be amended from time to time.
b) Relatives of City Employees
ii. No employee may directly, or indirectly, supervise or be supervised by a member of
his /her family who is related within the second degree of affinity or the third degree of
consanguinity.
iii. No employee shall hold a position within the City that would subject a family member
to administrative, or supervisory authority over the work assignments, scheduling,
working conditions, compensation and /or benefits when the relationship is within the
second degree of affinity or the third degree of consanguinity.
iv. In the event that marriage or cohabitation places employees in violation of this policy,
they must report the matter to their Department Director and the Human Resource
Director immediately. The affected employees will be given the opportunity to decide
which of them will resign or transfer to a different Department or Division. If the
employees fail to make the determination, the City reserves the right to transfer or
dismiss one or both of the employees.
V. "Step" relationships due to marriage will be recognized and covered by this policy.
The Human Resources Department may grant exceptions to this policy only for seasonal
employees up to twelve (12) months.
The City reserves the right to address on a case -by -case basis any additional relationships not
already defined by this policy if such relationship presents an actual or perceived conflict of
interest in the workplace as defined by City management.
If there is doubt whether an existing or contemplated situation should be construed as creating a
conflict, or about how to best correct it if it does, the individual must discuss the situation with
their Department Director.
Any existing relationships established prior to the date this policy takes effect may be grand -
fathered to the following guidelines; however, should a grandfathered relationship present a
future conflict, the City reserves the right to address the situation.
Relationships by Consanguinity (Blood)
An employee's relatives within the third degree by consanguinity are:
• First degree - His or her parent or child;
• Second degree - His or her brother, sister, grandparent or grandchild;
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Third degree - His or her great - grandparent, great - grandchild, parents' brother or sister (his
or her aunt or uncle), or siblings' children (his or her nieces and nephews).
Relationships by Affinity (Marriage)
An employee's relatives within the second degree by affinity are:
• Spouse or domestic partner
• Anyone related by consanguinity to the employee's spouse within the first or second
degrees; or
• The spouse of anyone related to the employee by consanguinity within the first or
second degrees.
Civil Service employees are additionally governed by Civil Service Rules.
Chapter 2. Section 10: Residence
There shall be no absolute residence requirement for City employment except as may be
provided by Charter. Employees likely to be called to work in cases of emergency may be
required to reside within reasonable commuting ranges of their places of work.
Chapter 2. Section 11: Medical Examinations
Persons processed for initial hire or reinstatement shall undergo a medical examination
including drug screen at the City's expense. Employment shall be contingent upon successful
completion of the medical examination in relation to the standards of fitness required for the
position involved.
The Department Director, in coordination with the Director of Human Resources, may require
that a current employee successfully undergo a medical examination to determine fitness for
continued employment, promotion, or other personnel action.
Chapter 2. Section 12: Age Requirements
Age limits are indicated in some job descriptions for various positions, upon the basis of bona
fide occupational qualifications or statutory requirements. Where no age requirements are
specified, the following shall apply:
• No person under the age of 18 years of age shall be employed as an employee in any
position requiring the operation of a motorized vehicle owned by the City or in positions
of a hazardous nature.
• No person under the age of 16 shall be employed unless a special program is approved
by the City Manager or City Council.
Within statutory limits and restrictions, minors (age 16 or 17) may be considered for employment
in positions of non - hazardous nature. Occupations declared to be hazardous to persons
between 16 and 18 years of age by the Department of Labor include: motor vehicle driver and
outside helper on a motor vehicle, operating power- driven machines, operating elevators and
power driven hoisting equipment, operating chain saws, circular saws and guillotine shears,
excavation, and roofing related activities.
Chapter 2. Section 13: Immigration Law Requirements
The City is committed to full compliance with federal immigration laws. These laws require that
all individuals pass an employment verification procedure before they are permitted to work by
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providing satisfactory evidence of their identity and legal authority to work in the United States
on the actual date of hire.
Failure to provide appropriate documentation as required will result in the person not being
accepted for employment, or if employed, terminated.
Any employee working under a temporary work document must ensure Human Resources is
provided prompt and proper information concerning expiration or renewals of work documents.
Failure to provide renewed documentation will result in termination.
Chapter 2. Section 14: Probation
Every person initially hired for a position in the City shall be required to successfully complete a
probationary period of twelve (12) months. Existing employees promoted to a new position shall
be required to complete a six month probation period. Completion of the probationary period
does not change the employment -at -will relationship and either parry may terminate the
employment relationship at any time, with or without notice.
Department Directors and supervisors shall use the probationary period to closely observe and
evaluate the work and fitness of employees and to encourage adjustment to their jobs and the
City service. Each employee serving in the probation period is responsible for knowing,
understanding, and meeting the expectations and standards for the position. In addition, each
employee is also responsible for performing the job in a safe, productive, and effective manner
within the instructions and established standards for the position. Furthermore, employees are
expected to maintain acceptable standards of conduct in their employment. During the
probation period, it is the responsibility of the employee to correct any deficiencies or
inadequacies in job performance or conduct.
Only those employees who meet acceptable standards during their probationary periods shall
be retained. Performance will be evaluated throughout the probationary period. The direct
supervisor will provide feedback to an employee on probation as consistent with the City's
performance management practices. The probationary period may be extended if the employee
is not fully meeting the acceptable standards at the end of the twelve month period. Human
Resources will provide guidance regarding the decision to extend a probationary period.
An employee is considered to have failed the probationary period when it is determined that the
employee's fitness, job performance, quality or quantity of work, attendance, or combination
thereof, does not meet minimum job performance standards and expectations for the position.
Failure of probation may occur at any time within the probationary period and shall not be
considered part of the disciplinary process.
An employee who fails probation will be separated from the City service. A newly promoted
employee who fails probation may be returned to his /her former type of job, if available and
approved by the Department Director, and may be eligible for consideration for later
advancement. Department Directors shall ensure the thorough documentation of all cases of
failure of probation.
An employee failing probation shall have no right of appeal except on the grounds of
discrimination prohibited by law: race, religion, color, age, sex, ethnic /national origin, disability or
veteran's status, in which case the employee may appeal in writing to the Director of Human
Resources.
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Chapter 2. Section 15: New Employee Processing and Orientation
The Hiring Manager and Human Resources staff will partner to ensure a successful orientation
for all new employees. This will include successful completion of all required paperwork within
applicable time periods.
New Employee Orientation is scheduled regularly and provides the opportunity for each new
employee to learn more about city programs and applicable policies. This formal orientation is
required for all part-time and full -time employees.
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Chapter 3. Compensation and Work Hours
Chapter 3. Section 1: Salary Policy
The City will strive to maintain a compensation system which is internally equitable and
externally competitive with similarly sized and situated cities in Texas. The evaluation and
classification of positions is a process used by the City to ensure positions with similar levels of
responsibility and work value are allocated similar classification levels. This entails an
understanding of the relationship of a specific position to others in the City and to the City's
objectives. The Director of Human Resources is responsible for annually preparing an analysis
of prevailing salaries for similar positions in the competitive labor market, taking into account the
variables which may be pertinent in establishing salaries or recommending changes to existing
salary rates. The City Manager may recommend adjustments or revisions, including cost -of-
living adjustments, to the City Council for approval as a part of the annual budget. The Human
Resources Department handles administration of the salary policy.
OFFICIAL JOB TITLES
All positions shall be designated by official jo b
personnel matters. Working or functional titles
approval of the Department Director.
SALARY PAY GRADES /RANGES
titles. Official job titles shall be used in all
may be otherwise used as appropriate upon
Each position is assigned to a pay grade. Each pay grade has been assigned a salary range
based on a range around market averages for similar positions. Within this framework, an
employee's initial salary will be determined by qualifications.
PAY FOR PERFORMANCE
In any given year, the City Council may fund a merit incentive program to aid in retaining quality
employees and to reward employees for productivity and job performance. Employees will be
eligible for the merit incentive program administered in the fiscal year according to the
guidelines established for that year.
LONGEVITY PAY
Regular full -time non -civil service employees shall be entitled to four dollars ($4.00) per month
for each year of uninterrupted service to the City, not to exceed twenty -five years. Longevity for
civil service employees should be in compliance with the rates provided by Texas Local
Government Code Chapter 143, or as amended by the collective bargaining agreement and the
specific pay plan adopted by City Council. Part-time and temporary employees are not eligible
for longevity pay. Longevity Pay shall be included in the employee's regular rate of pay in
computing the overtime pay rate.
SEPARATION PAY
All employees who leave the service of the City for any reason shall receive all pay which legally
may be due them. Any indebtedness to the City, which the employee may have incurred, shall
be deducted from the final paycheck(s).
All employees who resign shall give at least two (2) weeks written notice before the effective
date of resignation to leave in good standing. After the employee gives the two (2) weeks'
notice, the Department Director may waive the two (2) weeks' notice at the City's request, as
deemed necessary. If the Department Director waives the two (2) weeks' notice, the employee
may be compensated for the two (2) week period.
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An employee should not plan to use extensive leave time during his final two (2) weeks' notice
period. The Department Director shall, at their discretion, allow the employee to use vacation,
compensatory time or holiday leave during the two (2) weeks' notice period as business needs
allow. At the Director's discretion any use of sick leave during the two (2) weeks' notice must be
accompanied by a physician's excuse.
Chapter 3. Section 2: Advance Pay
No full or partial advance payment of salary shall be distributed to any employee outside of a
scheduled payday.
Chapter 3. Section 3: Record Keeping
Department Directors will have full responsibility for reporting all hours worked for department
employees which shall be maintained in the electronic attendance /payroll system.
Chapter 3. Section 4: Release of Payroll Checks
An employee's payroll check will not be released to another individual without a signature on file
in the Human Resources Department authorizing such action.
Chapter 3. Section 5: Hours Worked
The Fair Labor Standards Act (FLSA) defines "hours worked" as all hours during which an
employee is "suffered or permitted" to work. This includes any time during which the City knows
or has reason to believe the employee is performing work of the City.
All employees are required to work hours in excess of their official hours when necessary, as
determined by department management. Such additional work assignments may be rotated and
allocated among employees qualified to the work. Excess hours may be required or granted for
a specified period of time, or on a regular basis as operating circumstances warrant. Employees
are expected to respond to a reasonable request to work extra hours, and may be subject to
disciplinary action for failing to stay or report for such hours.
Unless approved in advance by an appropriate supervisor, a non - exempt employee is prohibited
from performing work at any time other than, or in addition to, authorized working hours. This
includes, but is not limited to, work before or after regular work hours, working through lunch or
work taken or performed at home. Failure to receive appropriate prior approval may result in
disciplinary action, up to and including termination.
Chapter 3. Section 6: Overtime
The FLSA requires inclusion into the regular rate of pay "all remuneration for employment paid
to, or on behalf of, the employee." The regular rate of pay which is used to determine the
employee's overtime rate will include all remuneration paid to the employee. Overtime will be
paid in compliance with applicable provisions in FLSA.
The City has the right to require that overtime hours be compensated in the form of pay or
compensatory time, as determined appropriate by the Department Director. If compensatory
time is required by the Department Director or his /her designee, the employee shall be notified
prior to overtime being worked. Overtime compensated monetarily shall be calculated as
required by FLSA. Overtime compensated as compensatory time shall be calculated at the
rate of one and one -half hours for each hour of overtime worked. All overtime to be worked
must be approved in advance by the Department Director or his /her designee.
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Chapter 3. Section 7: Compensatory Time Agreement (Comp Time)
The City has the right to award overtime pay in the form of payment or time off. Compensatory
time off at one and one -half times the hours of overtime worked will be permitted in lieu of actual
cash payment, which shall be determined by the City. This policy applies to all non - exempt
employees, as well as Fire and Police personnel.
Chapter 3. Section 8: FLSA Flex Time
Flex time is earned and used in the same work week/work cycle so that no actual overtime for
the week will result. Department Directors and supervisors should schedule flex time where
applicable for more efficient operation of the department and to minimize overtime. This policy
applies to all non - exempt employees, as well as Fire and Police personnel.
Chapter 3. Section 9: Exempt Employees
Exempt employees are those who are not covered by the minimum wage and overtime
requirements of the Fair Labor Standards Act (FLSA). Accordingly, exempt employees are not
legally entitled to overtime compensation for work performed beyond 40 hours in a workweek
except as provided for under Administrative Rules, Chapter 1, Section 8. Emergency
Conditions. Exempt employees are expected to put in the hours necessary to complete their
assignments with an acceptable level of quality in a timely manner.
"Docking" an exempt employee's pay for a partial day's absence will be permitted only as
authorized by law and approved by the Department Director. Absent accrued paid leave time,
an exempt employee need not be paid for any workweek in which he performs no work. In
addition to tax withholding, social security, Medicare, insurance contributions and other
deductions authorized by the exempt employee, the following deductions may be made:
• Any full -day that the employee is absent from work for personal reasons, other than
sickness or disability, and where the employee does not have available accrued paid
leave;
• Any full -day that an exempt employee is absent from work for sickness or disability if the
deduction is made in accordance with the City's sick leave policy, long -term disability
plan, or applicable workers' compensation law;
• Suspension without pay for any amount of time for a violation of safety rules of major
significance to the City. Such a violation would include a safety or health standard
directly applicable to the City's business;
• Suspension without pay for one or more full days for serious workplace misconduct in
violation of the City's workplace conduct rules, including, but not limited to: violations of
discrimination, harassment, workplace violence and drug and alcohol policies;
• Days not worked during the employee's initial or terminal weeks of employment if the
employee did not work for the entirety of those weeks. (The employee's salary will be
pro -rated in proportion to the days or time worked.); and
• Time the employee takes as unpaid leave under the Family and Medical Leave Act
(whether it is a full -time leave, or intermittent leave, or reduced schedule leave).
It is the policy of the City not to make improper deductions from an exempt employee's pay. Any
exempt employee who believes he has been, or likely will be, subject to an improper pay
deduction must immediately notify Human Resources. The Human Resources Department will
promptly investigate any such matter to determine whether there has been an improper
deduction. If there has been an improper deduction, the City will ensure the exempt employee is
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promptly reimbursed for an improper deduction and will make a good faith commitment to
comply in the future.
Chapter 3. Section 10: Standby Time
All full -time employees who are waiting to be engaged (on call) and are subsequently called into
service shall be paid from the moment they are on -site or clock in, if required, until the job is
completed. This policy applies to all non - exempt employees.
Chapter 3. Section 11: Travel and Training Time
The determination of whether time spent travelling or in training (classes, seminars, workshops,
etc.) is compensable, will be based on applicable standards such as the FLSA. Generally, any
training time that is required by the city will be considered work time. Daily commuting time to
and from the employee's normal work location is not considered work time. Administrative
Rules, Chapter 3, Section 8. Travel and Training Time provides more detailed information to
assist in making a determination.
Chapter 3. Section 12: Hours of Work
The City shall establish the hours of employment in the City's basic work week and establish
pay periods and paydays to administer the payment of wages, salaries and overtime.
Normal hours of operation for offices of the City are established by the City Manager. In order to
assure the continuity of City service, it may be necessary for departments to establish
appropriate operating hours. Work hours and shifts must be arranged accordingly and each
supervisor is expected to manage work hours efficiently and effectively. Employees are
expected to cooperate when asked to work overtime or a different schedule. Acceptance of
employment with the City includes the employee's acknowledgment that changing shifts or work
schedules may be required and includes that they will be available to do such work as required.
Any change in a non - exempt employee's working hours must be approved in advance by the
appropriate manager. Employees are not permitted to determine their own work schedule.
Generally, working hours for employees shall be consistent from day to day and appropriate
with the responsibilities of the position, and the needs of the department.
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Chapter 4. Employee Development
Chapter 4. Section 1: Performance Management
The City of Baytown's Performance Management Program is a management tool providing
supervisors and managers with objective, job specific appraisal instruments to be applied using
standardized procedures. Important administrative uses of the Performance Management
Program in the City include: identifying employee training needs; guiding administrative
decisions regarding promotions, re- assignments, disciplinary actions, merit pay increases and
terminations.
The employee performance management process is intended to accomplish the following
objectives:
• To enhance individual employee performance and ensure effective City operations.
• To promote and support performance and behavior which is aligned with the City's
values -based culture.
• To document both formal and informal performance discussions held with employees
throughout their tenure.
• To identify and enhance employee strengths and develop action plans to address areas
of improvement.
• To link employment decisions with employee performance when applicable.
An employee's failure to meet job requirements or failure to satisfactorily perform job duties may
result in a performance improvement plan or disciplinary action, up to and including termination.
Chapter 4. Section 2: Performance Evaluation Review
All employees during their probation period shall receive their first performance review within
ninety (90) days of employment. Thereafter, employee job performance shall be reviewed at a
minimum on an annual basis to evaluate job performance and facilitate communications
between employees and supervisors. Employee performance reviews shall be in writing. Each
supervisor will be required to file a performance review report for each employee with the
Human Resources Department as part of the annual review process.
If an employee is absent during the year for an extended period of time, the review may be
delayed until sufficient time has passed in which to evaluate the employee's performance.
Chapter 4. Section 3: Training
The City will provide appropriate training for City employees subject to available funding. All
training must be aligned with City -wide training strategies or certification requirements for a
specific job.
Human Resources will sponsor City-wide training for areas of development deemed necessary
for all or a large portion of City employees. Each Department can establish training for their
specific needs.
Employees and supervisors have a shared responsibility in the creation and implementation of
an employee development plan.
• Individual Employee Responsibility - Each employee is accountable for her /his job
performance. Employees should request training from their supervisor in the areas that
need improvement. At a minimum, employees should be able to perform their essential
job duties and consistently exhibit behavior which is aligned with the City's values.
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• Immediate Supervisor Responsibility — The immediate supervisor is responsible for the
overall development of his /her employees. Supervisors shall identify areas for
development and ensure training opportunities. Supervisors should ensure their
employees are well trained to perform their job duties and deliver exceptional service
delivery and customer service.
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Chapter 5. Employee Benefits
Chapter 5. Section 1: Employee Health, Welfare and Development
The City provides a variety of benefits, services, and programs for employees. Some programs
are provided according to law; others are provided at the option of the City. Eligibility for these
programs may depend upon the type of position occupied.
The Human Resources Department is responsible for administering the programs contained in
this section. It is the responsibility of the Director of Human Resources to recommend additions,
deletions, or modifications to benefit programs to the City Manager for review and approval. The
City Manager is responsible for presenting benefit programs to the City Council for
consideration during the annual budget process.
City employees should become thoroughly familiar with all aspects of their benefits. The Human
Resources Department is responsible for informing new employees of available benefits through
the New Employee Orientation program. The Department also provides benefits information to
employees in various plan description booklets and through organizational publications. Each
department's supervisory personnel should become familiar with fundamental aspects of the
benefits programs in order to answer routine questions. Human Resources is available to
answer questions of a difficult or technical nature or to provide individual counseling.
For purposes of leave accruals, a day is defined as eight (8) hours except for Civil Service Fire
employees who are assigned to a 24 -hour shift which will be defined as twelve (12) hours.
Chapter 5. Section 2: Holidays
The City provides full -time employees paid holidays during the fiscal year as approved by
Council in the budget. Part-time, temporary and seasonal employees shall not be granted paid
holidays.
Effective January 1, 2017, holiday time will be paid or accrued on an 8 -hour per day basis
except for Civil Service Fire employees assigned to 24 -hour shifts which will be paid or accrued
on a 12 -hour per day basis. Holidays may not be accumulated beyond 72 hours, or 108 hours
for firefighter shift personnel.
If the holiday falls on a Saturday, the preceding Friday shall be observed, and if a holiday falls
on a Sunday, the following Monday shall be observed. As many employees as possible shall be
given each holiday off while providing for the maintenance of essential City functions.
An employee who is terminated for gross misconduct (e.g., positive drugs, theft, destruction of
City property, job abandonment etc.) shall be ineligible for payment of accumulated holiday
leave.
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Chapter 5. Section 3: Vacation
Full -time non -civil service employees shall earn vacation leave for service after January 1, 2017,
as follows:
Years of COB Service
Vacation per Year
0 — 5 years
10 days
6 — 12 years
15 days
13 — 22 years
20 days
Over 23 years
25 days
Civil Service employees shall earn vacation leave for service after January 1, 2017, as follows:
Years of COB Service
Vacation per Year
0 — 17 years
15 days
18 — 23 years
20 days
Over 23 years
25 days
The employee's most recent hire date shall be used as the anniversary date for the purpose of
calculating vacation accrual. Years of service is based on continuous employment with no break
in service. Employees may carry forward up to two times their annual accrual rate. When an
employee has reached his /her maximum allowed accrual amount, each pay period additional
accruals will be added to the employee's bank; and if not used during that pay period, the oldest
accruals will be deducted to maintain the maximum allowed.
All vacation taken must be approved in advance by the employee's supervisor. This approval
will necessarily balance the needs of the City and the needs of the employee. When there are
conflicting requests from employees, the supervisor will distribute the vacation fairly among the
requesting employees.
Employees are not eligible to take vacation during their first six months of employment unless
authorized by the Department Director and the Human Resources Director. Upon separation
from service, regular employees who have completed six (6) months of service with the City
shall be paid for any accrued, but unused, vacation leave. All vacation leave is forfeited if the
employee separates from employment prior to completion of six (6) months of employment with
the City. Additionally, an employee who is terminated for gross misconduct (e.g., positive drugs,
theft, destruction of City property, job abandonment, etc.) shall be ineligible for payment of
accumulated vacation leave.
Chapter 5. Section 4: Sick
All full time employees shall earn 15 days of sick leave annually. Part-time and temporary
employees shall not earn sick leave.
For non -civil service employees hired prior to January 1, 2017, accumulation of sick leave
credits for use during employment for shall be limited to 120 days.
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For non -civil service employees hired after January 1, 2017, accumulation of sick leave credits
for use during employment for shall be limited to 90 days.
When an employee has reached his /her maximum allowed accrual amount, each pay period
additional accruals will be added to the employee's bank; and if not used during that pay period,
the oldest accruals will be deducted to maintain the maximum allowed.
For Civil Service employees, accumulation of sick leave credits for use during employment shall
be unlimited as provided in Chapter 143 of the Local Government Code and required by State
law.
In the event of rehire, sick leave credits will not be restored to an employee.
Sick leave may be taken for the employee's own personal illness, injury, legal or doctor - ordered
quarantine, or routine health care appointments which cannot reasonably be scheduled outside
working hours. Employees are eligible for up to five (5) days per calendar year in the event of an
illness within the employee's immediate family.
An employee who becomes ill or injured on a previously scheduled vacation day may request
that the time be recorded as sick time as opposed to vacation. In this scenario, the employee's
immediate supervisor or Department Director may request documentation verifying the illness or
injury in considering the request.
NOTICE TO DEPARTMENT
Notice of employee absence due to a non - job - related injury or illness must be given daily by the
employee to that employee's immediate supervisor or Department Director. Failure to do so may
cause the employee's absence to be charged to leave without pay. Emergency situations, which
might prevent compliance with the provisions of this paragraph, shall be taken into consideration
by the Department Director. Exceptions to the daily reporting requirement would be
hospitalization, or a prolonged catastrophic illness, or a determination by the City that the
absences qualify as Family and Medical Leave.
ABUSE OF LEAVE TIME
The number of sick leave days credited is not intended to establish a guideline for acceptable
attendance. Claiming of sick leave benefits in excess of reasonable standards set by an
attendance policy will constitute grounds for supervisory review. Likewise, evidence of the
abuse of this benefit may constitute grounds for disciplinary action up to and including
termination. Frequent claiming of sick leave, except as covered by the Family and Medical
Leave Act, may constitute grounds for the Department Director to question if the employee is
unable to perform the essential functions of the job.
An employee's supervisor may request documentation verifying the circumstances surrounding
any use of sick time. Employees using more than three days of sick time in a quarter may be
placed on medical certification at the Department Director's discretion. Employees placed on
medical certification shall be notified of this action and documentation of the notification will be
forwarded to Human Resources. Each subsequent absence by an employee placed on medical
certification will require documentation verifying the circumstances of their absence in order to
receive pay for sick leave.
EXHAUSTION OF BENEFIT
After an employee's accumulated sick leave has been exhausted, an employee shall first use
compensatory time, and then personal holiday time, then vacation time, for circumstances that
would qualify as sick leave.
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Full -time non -civil service employees who have completed five (5) years of service with the City,
and are separated for non - disciplinary reasons, shall be paid for one half of their accrued sick
days up to a maximum payment of 45 days calculated to the lowest whole day.
Effective January 1, 2017, full -time non -civil service employees who have completed ten (10)
years of service who are separated from the City for reasons other than gross misconduct (e.g.,
positive drugs, theft, destruction of City property, job abandonment, etc.), including death and
retirement shall be paid for all accrued sick leave up to a maximum payment of 90 days.
Employees hired prior to January 1, 2017, will be paid up to a maximum of 120 days upon death
or retirement.
Effective January 1, 2017, civil service employees separated from the City shall be paid for
accumulated sick leave up to a maximum of 90 days as outlined in Chapter 143 of the Local
Government Code and required by State law. Employees hired prior to January 1, 2017, will be
paid up to a maximum of 120 days upon death or retirement.
Chapter 5. Section 5: Family and Medical Leave
This policy is consistent with the Family and Medical Leave Act (FMLA) to enable employees to
receive time away from work without pay for limited periods to attend to specified family needs
or their own serious health condition with job protection and no loss of accumulated service.
EMPLOYEE ELIGIBILITY
The policy applies to all employees who have worked for the City for 12 months and for at least
1,250 hours during the 12 month period preceding the leave. Eligible employees may take up to
twelve weeks of unpaid leave per a 12 month period for a qualifying event or up to 26 weeks of
unpaid leave in a single 12 month period to care for a covered service member with a serious
injury or illness. The employee may take intermittent or reduced leave (reduction in weekly work
hours) with the permission of their supervisor or when medically necessary. The City also
requires that employees use any available accrued leave (sick, vacation, comp time,
holiday /personal holiday) prior to being granted unpaid leave. This paid leave satisfies part or all
of the 12 week mandated family and medical leave. Workers' Compensation, sick leave,
vacation leave, compensatory time, and holiday /personal holiday will run concurrently with
Family Medical Leave. Employees may use sick accruals prior to using other accruals when
taking FML qualifying leave for a family member.
Leave (paid or unpaid) for up to 12 weeks in a 12 -month period is available under one or more
of the following circumstances:
• The employee's own serious health condition that prevents him or her from performing
the functions of his or her job. A serious medical condition is an illness, injury,
impairment, or physical or mental condition that involves inpatient care in a hospital,
hospice, or residential medical facility or continuing treatment by a health care provider.
• The employee's serious health condition as a result of an on -the job injury that prevents
him or her from performing the functions of his or her job.
• The birth of a child and to care for the newborn child. This applies to both the mother
and the father. The expectant mother may take FMLA leave for prenatal care or if the
pregnancy makes her unable to work prior to the actual birth of the child.
• The placement with the employee of a child for adoption or foster care. This leave must
be given before the actual placement or adoption of a child if an absence from work is
required for the placement for adoption or foster care to proceed.
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• The serious health condition of a parent, spouse, child under age 18, or an adult child
who cannot care for him /herself. A "parent" need not be a biological parent provided that
the individual acted as a parent to the employee. Similarly, the "child" need not be a
biological child but may be adopted, foster, legal ward, or a child related to the employee
whom the employee is raising.
• A qualifying exigency arising out of the fact that your spouse, child, or parent is on active
duty or called to active duty status in support of a contingency operation as a member of
the Armed Services /National Guard or Reserves.
The City of Baytown uses the rolling 12 -month period measured backward from the date an
employee uses any FMLA Leave under these circumstances.
Leave (paid or unpaid) for up to 26 weeks in a 12 -month period is available under the following
circumstance:
• To care for a spouse, son, daughter, parent, or next -of -kin covered service member with
a serious illness or injury incurred in the line of duty on active duty. Next -of -kin is
defined as the closest blood relative of the injured or recovering service member. This
type of FMLA leave is also known as military caregiver leave or covered service member
leave.
The City of Baytown uses the rolling 12 -month period measured backward for employees on
FMLA leave under this circumstance. The FMLA military caregiver leave may only be used once
during the employee's tenure with the City of Baytown.
No loss of seniority will occur while the employee is on a FMLA leave of absence. Group health
benefits will be continued on the same basis as coverage provided if the employee had been
continuously employed during the leave period. Therefore, any share of health benefit
premiums, which had been paid by the employee, must continue. If the employee's premium
payment is more than 20 days late, coverage ceases. If coverage lapses because an employee
has not made required premium payments, upon the employee's return from leave the
employee's benefits will be restored and the employee will not be required to meet any
qualification requirements. Employees are responsible for payment of their coverage premiums
and other authorized payroll deductions while they are on a leave of absence without pay.
After completion of twelve (12) weeks of leave under the Family and Medical Leave Act, or
twenty -six (26) weeks of leave if applicable, if an employee is unable to perform the essential
duties of their assigned position, reasonable accommodations may be made by the City to
provide for the employee to perform such duties. If reasonable accommodations cannot be
made and the employee is unable to perform the essential duties of his assigned position, they
may be terminated.
An employee shall not perform any outside work, engage in extra -duty employment, or vacation
at any time when the employee is on leave under FMLA. Violations may result in denial of
FMLA leave and disciplinary action up to and including termination.
REINSTATEMENT
Upon return from a family and medical leave of absence, the employee will be reinstated in the
employee's previous position, if available, or to a comparable position for which the employee is
qualified. Employees on leave must notify their supervisor as soon as reasonably practical of
availability and intent to return to work. An employee's failure to return from leave, or failure to
contact his /her immediate supervisor or Human Resources on the scheduled date of return, will
be considered a voluntary resignation.
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If the employee on leave of absence is a salaried employee and is among the highest paid ten
percent of City employees living within 75 miles of the City, and keeping the job open for the
employee would result in substantial disruption to City operations, reinstatement to the position
may be denied. The employee will be given an opportunity to return to work, however in a
different job.
SPOUSES EMPLOYED BY THE CITY
If both spouses are employed by the City, and each wishes to take leave for the birth of a child,
adoption or placement of a child for foster care, or to care for a parent (but not parent -in -law)
with a serious health condition, the husband and wife may only take a combined total of 12
weeks of leave.
If both spouses are employed by the City, and each wishes to take leave to care for a covered ill
or injured service member, the husband and wife may only take a combined total of 26 weeks of
leave.
This limitation does not apply to leave for either the husband's or wife's own serious health
condition or the serious health condition of a child.
Chapter 5. Section 6: Paid Absences
The City may provide paid absences for such things as training and development, civic duty,
death in immediate family, funerals, personal emergencies, administrative absences, and
emergency situations.
Chapter 5. Section 6a: Training and Development
With approval of the Director, a supervisor may grant an employee leave with pay when the
employee is away from their job site but is performing a function related to his /her job.
These functions include, but are not limited to, attending a professional conference, convention
or training activity, legislative proceedings, or other purposes in the interest of the City.
Chapter 5. Section 6b: Civic Duty (Voting)
The City encourages all employees to fulfill their civic responsibilities by participating in
elections. However, all employees should make every effort to vote outside normal working
hours. If employees are unable to vote in an election during their non - working hours, the City
shall allow employees to use accrued vacation leave, compensatory leave, or flex hours for the
number of hours necessary for the employee to vote.
Employees should request time off to vote from their supervisor at least two working days prior
to the election day so that necessary time off may be scheduled at the beginning or end of the
work period, whichever provides the least disruption to the normal work schedule.
Chapter 5. Section 6c: Jury Duty
An employee called for jury service shall be granted special absence with pay during such
service and shall retain the fee paid by the courts.
An employee excused or released from jury service during working hours shall report to his /her
work station unless otherwise instructed by their supervisor.
A copy of the jury summons shall be submitted to his /her supervisor.
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Chapter 5. Section 6d: Witness
An employee will be excused with pay to fulfill his /her civic duty to testify as a witness in a
judicial proceeding where the employee has no personal benefit when he /she is served with a
subpoena. The employee should notify their supervisor as soon as they are served and provide
a copy of the subpoena to their supervisor.
Chapter 5. Section 6e: Emergency Leave for Funerals
An employee may be excused with pay in order to attend a funeral for a member of his /her
family (within the second - degree consanguinity and affinity). Supervisors may require proof of
funeral attendance and relationship to the deceased. Department Directors, after ascertaining
the exact circumstances, may grant a full time employee up to five (5) working days of paid
emergency leave for immediate family (husband, wife, son, daughter, father, mother) or up to
three (3) days for all other family members within the second - degree consanguinity and affinity.
Emergency leave shall not be charged against vacation or sick leave.
If multiple deaths occur simultaneously within the family, a special exception to the allowance of
five (5) days may be approved by the Department Director.
Part-time and temporary employees may be granted unpaid emergency leave in the above
circumstances.
Chapter 5. Section 6f.• Emergency Situations
During emergencies, a full -time or regular part-time (not seasonal) employee who is ordered not
to report to work, to leave work early or who cannot report for work because of inclement
weather or disaster may be granted administrative absence with pay by the City Manager.
Chapter 5. Section 7: Leave Without Pay
City employees may be granted leave without pay for religious observance, to satisfy military
service obligations, or in certain circumstances involving illness or injury. All leave accrual must
be exhausted prior to receiving leave without pay.
Leave without pay is granted as a matter of administrative discretion. No employee may
demand leave without pay as a matter of right, but it may be granted to any regular employee.
Leave without pay for personal reasons shall not materially affect normal business operations.
While on leave without pay, an employee shall remain eligible for health insurance benefits;
however, the employee's portion of any premiums, supplemental insurance and dependent
coverage must continue to be paid by the employee during such leave.
Employees on authorized leave without pay status shall not accrue benefits. In circumstances
not falling within other provisions of these rules, the City Manager may authorize an employee
to take leave without pay under terms and conditions the City Manager determines appropriate.
All leave must be requested through and approved by the Department Director and the Human
Resources Director.
Chapter 5. Section 7a: Religious Observance
With the approval of the employee's supervisor, employees desiring to observe religious
holidays not coinciding with official City holidays may be given time off to observe the religious
holiday of their choice. The employees have the option to use their personal holiday, vacation or
accrued compensatory time or be placed on leave without pay to observe the religious holiday
of their choice.
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Chapter 5. Section 7b: Military Leave
Military leave shall be granted in accordance with applicable State and Federal laws. The City
of Baytown shall not discriminate in the employment or take any adverse action against any
person who exercises rights under the Uniformed Services Employment and Reemployment
Rights Act (USERRA). Employment actions under this Act include initial employment,
reemployment, retention in employment promotion, or any benefit of employment, for any
person who is a member of, applies to perform, or has an obligation to perform service in, a
uniformed service.
This policy covers employees who serve in the uniformed services in a voluntary or involuntary
basis, including active duty, active duty for training, initial active duty for training, inactive duty
training, and full -time National Guard duty.
Employees preparing to take authorized military leave shall furnish their Department Director
with copies of military orders or other appropriate certification.
The City will provide a paid leave of absence to employees who are members of the Armed
Forces or a reserve component for authorized training or duty that is ordered by official military
authority for not more than fifteen business (15) days in a fiscal year. Employees who have
exhausted all available paid military leave may, at their option, use any other available paid
leave time (i.e., vacation leave, holiday leave and compensatory time) to cover their absence
from work. After an employee has exhausted all available paid military leave (including any
other paid leave time that the employee chooses to use to cover a military absence), the
employee will be placed on leave without pay.
FMLA leave for a military qualifying exigency and /or military caregiver leave is covered in
Personnel Policy, Chapter 5, Section 5: Family and Medical Leave.
Chapter 5. Section 7c: Tardiness
Non - exempt employees may be docked for time not worked. Disciplinary action up to and
including termination may result from tardiness in addition to being docked for time not worked.
Chapter 5. Section 7d: Absence Without Leave
An employee failing to report for duty or remain at work as scheduled without proper notification,
authorization, or excuse shall be considered absent without leave and shall not be in a pay
status for the time involved. Absence without leave constitutes abandonment of duties, which
may result in disciplinary action, up to and including termination.
Chapter 5. Section 8: On- The -Job Injury Leave
An employee injured in the line of duty shall receive worker's compensation or injury leave
benefits under the terms and conditions prescribed in the applicable programs and as required
by law. The State of Texas Workers' Compensation laws provide that an employee who suffers
a disability that results in lost duty days due to an injury while in the course of their employment
may be entitled to "Income Benefits ".
Disability occurs when the work - related injury or illness causes an employee to lose the ability to
earn their pre -injury wage. Disability refers to an employee's inability because of a compensable
injury to obtain or retain employment at wages equivalent to the pre -injury wage, not to a
physical handicap.
These income benefits are calculated at a rate of at least 70% of the employee's weekly income
prior to the injury. The worker must be disabled by the injury for at least seven (7) days to be
eligible for income benefits. The employee becomes eligible for and begins accruing temporary
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income benefits on the eighth day of disability. Any payments made in error to the employee will
be required to be repaid to the City.
An employee who sustains an injury or illness in the performance of their duties will fully and
promptly report, however minor, to his /her supervisor as soon as possible, but no later than the
next business day in order for injury leave to be paid. Employees who suffer work - related
injuries or illnesses that require medical attention may be subject to alcohol and controlled
substance testing. The Human Resources Department will coordinate with the employee's
physician to determine whether the injury would allow an employee to perform modified work or
other duties.
Employees who are on leave will update their supervisor and /or Human Resources at regular
intervals of the employee's status. Failure to maintain contact will be viewed as an unwillingness
to cooperate and addressed through disciplinary action.
If the workers' compensation injury meets the criteria for a serious health condition, injury leave
will run concurrently with FMLA leave as indicated in Personnel Policy, Chapter 5, Section 5.
Family and Medical Leave.
An employee who is unable to perform the essential functions of his /her position due to a
disability, injury, illness, or medical condition (and reasonable accommodation is not possible)
and FMLA has been exhausted is not guaranteed a return to his /her position at the completion
of his /her injury or illness. If, after consultation with Human Resources, a supervisor determines
that a department's or division's productivity or ability to deliver services is adversely affected
because of the vacancy in the position, the employee may be administratively removed from
his /her position during his /her leave. When an employee who has been administratively
removed from his /her position is able to return to work with the appropriate medical releases,
that employee will be considered for any open position in the City for which that employee is
qualified. Employees who are not disabled as defined by the ADA (as referenced in Personnel
Policy, Chapter 1, Section 3: Discrimination & Retaliation -Free Work Environment Policy) will be
required to compete for open positions.
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Chapter 6. Conduct
Chapter 6. Section 1: Attendance
Employees shall be at their place of work in accordance with City and departmental policies and
regulations. Department Directors shall establish work schedules and maintain daily employee
attendance records. Supervisors will exercise the primary management -level responsibility to
oversee employee attendance. Excessive absences, excessive tardiness, failure to report to
work without reporting the reason to the immediate supervisor, failure to follow the procedures
for requesting or using leave are undesirable performance factors and will be managed by
supervisors who may use the disciplinary process up to and including termination if necessary.
Chapter 6. Section 2: Work Performance
It shall be the duty of each employee to maintain high standards of cooperation, efficiency, and
economy while working for the City. Department Directors shall organize and direct the work of
their departments to achieve these objectives.
If the work habits, production, and /or personal conduct of an employee fall below appropriate
standards, supervisors should address the deficiencies at the time they are observed.
Counseling and warning the employee, if there is sufficient time for improvement, should
ordinarily precede formal disciplinary action. Where appropriate, the City maintains a practice of
progressive discipline. The steps are outlined but not limited to the following:
a) Verbal Waming /Counseling
b) Written Reprimand
c) Suspension - Days off without pay can be made by the supervisor after approval by the
Department Director and approval by the Director of Human Resources or designee
d) Reduction in Pay - Can be made by the supervisor after approval of the Department
Director and approval by the Director of Human Resources or designee
e) Demotion - Can be made by the supervisor after approval of the Department Director
and approval by the Director of Human Resources or designee
f) Termination - Can be made by the supervisor after approval of the Department Director
and approval by the Director of Human Resources or designee
g) Other actions may be taken by the Director as deemed appropriate.
Nothing herein shall prevent immediate formal action up to and including termination, as
provided elsewhere in the Personnel Policies, whenever the interest of the City requires.
All written notices of disciplinary action should be signed by the supervisor and the employee.
The notice should include a description of the employee's conduct, action taken in response
and, except in cases of dismissal, the likely consequences of further unsatisfactory conduct. All
original written notices and documentation of disciplinary actions are to be forwarded to the
Human Resources Department for inclusion in the employee's personnel file.
Disciplinary action does not automatically or permanently disqualify an employee from
consideration for future promotion, pay increases or other beneficial personnel action. The
employee shall have the opportunity to appeal only those disciplinary actions that result in
suspension, demotion, involuntary termination or other loss of employment status, benefits or
compensation.
Appeals of adverse disciplinary actions are referenced in Personnel Policy, Chapter 7, Section
3: Appeal of Disciplinary Action.
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Chapter 6. Section 3: Safety Standards
All employees of the City are required to comply with safety standards and guidelines
established by the City and their respective departments.
Chapter 6. Section 4: Political Activity
It is the policy of the City to encourage its employees to fully exercise their constitutional rights
as citizens to vote and participate in political activities. Although the City encourages active
participation in electoral activities, employees should be aware of certain provisions which apply
to them. Except as may be otherwise provided by law or contract, the following restrictions on
political activity shall apply to City employees:
a) City employees shall not use their positions for or against any candidate for public office
in any jurisdiction;
b) City employees shall not use working hours or City property to solicit or attain any
subscription, contributions, or political service, or to circulate any petition or campaign
literature on behalf of any candidate for public office; and
c) City employees shall not engage in any political activity, with or without remuneration
that would constitute a conflict of interest with their City employment.
All employees will refrain, while in uniform or on duty, from using their influence publicly and
directly in any way for, or against, any candidate for elective office. No employee of the City will
be required to participate in any City election on behalf of any candidate for City office, nor shall
any City equipment be used by or on behalf of any political candidate.
Chapter 6. Section 5: Solicitation
Solicitation is defined as any act or attempt to advertise, market, take orders, offer to sell, sell
any product or service, or seek contributions for organizations, campaigns, or charitable
purposes. Solicitations, including personal e-mail addresses, are not permitted by employees for
personal profit during working time or at any time in working areas. An employee may not
engage in solicitation of other employees while they are on duty. Solicitation shall not be
permitted of or by City employees during work or business hours, other than for the following
exceptions:
a) Solicitation of funds for the purpose of parties, gifts, flowers, cards, or events for a City
employee shall be permitted of or by City employees during work or business hours.
b) Solicitation of funds for City sponsored functions and events for charitable purposes
shall be permitted of or by City employees during work or business hours.
c) Solicitation of funds shall be permitted for local, not - for - profit youth- sponsored events
(i.e. school, band boosters, scouting). Solicitation of funds for these purposes shall be
limited to placing order forms or products for employees to view at their leisure.
Distribution of purchased goods shall only be permitted during lunch, or before or after
work hours. For these types of solicitations use of city email or equipment to send mass
and /or unsolicited communications regarding these activities is prohibited.
No employee is required to make any contribution, nor will an employee be penalized in any
way in connection with his /her employment according to his /her response to a solicitation of
funds for City sponsored functions or events.
Salespersons and vendors attempting to conduct unsolicited business with employees should
contact the Human Resources Department. Human Resources will provide for distribution of
discount flyers or handouts for all employees.
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Chapter 6. Section 6: Secondary Employment
Each employee of the City shall understand that his position with the City is his primary
occupation, and it shall take precedence over all secondary jobs at all times. City employees
may engage in secondary employment provided they receive prior written approval from their
Department Director. An employee who is working another job at the time of hire, and who
intends to continue the other employment, must so advise the appropriate Department Director
and receive written approval to continue the secondary employment. Approval must be placed
in the employee's personnel file in Human Resources. Failure to acquire approval could lead to
disciplinary action.
When engaged in secondary employment, the employee must notify the Department Director or
designee in writing of the place and type of employment or business, and the hours of work.
Secondary employment shall not be permitted if it will bring the City into disrepute, reflect
discredit upon the employee as an employee of the City, or interfere /be in conflict with the
performance of the employee's City duties. Secondary employment will not be considered an
excuse for poor job performance, absenteeism, tardiness, leaving early, refusal to travel, or
refusal to work overtime or different hours. If secondary employment causes or contributes to
job - related problems, it must be discontinued, and if necessary, disciplinary procedures will be
followed to address the specific problems.
An employee whose position requires him to occupy an "on- call" status shall recognize such
status as an obligation to the City and shall fulfill that obligation if called to work for the City
during these hours even while working at a secondary job.
An employee shall not perform any secondary employment at any time when the employee is
on FMLA leave, sick leave, disability leave, workers' compensation leave, administrative leave,
or an unpaid leave of absence, or on restricted or light duty. An employee shall not perform
any secondary employment within eight (8) hours after the employee's missed work period with
the City due to the employee's illness or injury. Any exceptions must be expressly authorized in
writing by the Department Director and the Human Resources Director.
No employee shall engage in any employment or business where the work performed by the
employee or that of the employee's agents is subject to approval /rejection, inspection, or
licensing by the City except pursuant to authorized department policies. However, nothing in this
section shall prohibit an employee from performing the same or other services that he performs
for the City for a private or public organization if there is no conflict with his City duties and
responsibilities.
No employee shall engage in any employment or business on a matter which is or has been the
subject of an investigation by the employee's department within the last twelve (12) months, nor
may the employee appear as a witness except by court order in any proceeding as a result of
such employment.
No employee shall identify himself with his position, department, or the City in the course of a
sale or solicitation for sale of any goods or services or the advocacy of any policy, practice,
standard or position not officially sanctioned by the City.
These rules apply whether or not there is compensation for the work or employment.
Chapter 6. Section 7: Acceptance of Gifts
Employees shall not directly or indirectly solicit, accept, or receive any gift if it could reasonably
be perceived or inferred that the gift was intended to influence them in the performance of their
official duties; or if the gift was intended to serve as a reward for any official action on their part.
In many instances, businesses have a policy of giving gifts during the holiday seasons and
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return of such gifts could create unnecessary ill will for the City. Under these circumstances,
gifts will be donated to appropriate organizations or made available for general employee
consumption. Should any question concerning the procedure for disposing of a gift arise, the
Department Director should be consulted. Employees should not take advantage of their
position to secure gifts or special privileges either for themselves or others.
Chapter 6. Section 8: Disclosure of Information
Disclosing information that could adversely affect any City property, business dealing, or any
affair of the City, or using information gained while working in the City for the benefit of
himself /herself or others at harm to the City, is prohibited.
Chapter 6. Section 9: Abuse of City Property
The purpose of this section is to ensure proper care and accountability in handling City property
and equipment. City property and equipment are to be used only by those authorized to use it.
Use shall be limited to official City purposes and in the capacity for which it was assigned,
except when otherwise directed by an appropriate supervisor or required by necessary
circumstances. Misuse of City property may include, but is not limited to, negligent or
intentional damage or destruction of City equipment or property, waste of materials or negligent
loss of tools or materials, improper maintenance of equipment, or damage caused by use of
tools or equipment for purposes other than that for which the tool or equipment was intended.
Violations of any provisions within this policy will be grounds for disciplinary action, up to and
including termination. In addition to being subject to appropriate disciplinary action, an
employee may be responsible for the repair or replacement of any item lost or damaged by the
employee.
Chapter 6. Section 10: Personal Appearance
All employees, regardless of work location and degree of public contact, are expected to dress
and groom appropriately and are expected to maintain a good general appearance at all times.
Uniforms, as well as other attire, should be appropriate, clean, and pressed.
Chapter 6. Section 11: Alcohol and Drug Screening Procedures
Being a public employer, the City is entrusted with the health and safety of its citizens. In
keeping with this obligation, the City will administer the following types of alcohol and /or drug
screening programs:
Pre - employment screening - individuals who seek employment with the City will be
required to undergo drug screening procedures as part of the pre - employment physical
examination. All applicants receiving a contingent offer of employment must
successfully complete a urinalysis drug screen as part of the pre - employment medical
examination. If the selected applicant is found to be positive for legal drugs, he /she must
provide within 24 hours of request by the City Physician, a valid current prescription for
the drug identified in the drug screen. If the prescription is not in the applicant's name or
the applicant does not provide a current prescription, or if according to the City's
designated Physician the drug is one that impairs the applicant's ability to perform the
job duties, the applicant may be denied employment.
• Reasonable suspicion testing, post incident/accident testing, random testing for safety
sensitive positions -The City considers consumption of or being under the influence of
drugs or alcohol while on duty just cause for disciplinary action, up to and including
termination. The City also considers a positive drug screen indicating illegal drugs in the
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body to be just cause for disciplinary action up to and including termination. The City
does not have the responsibility to prove impairment.
All employees of the City have a right to work in a drug and alcohol -free work environment. The
safety concerns as well as potential liability issues make it imperative that the City operate
under these standards. In order to protect the safety of all employees and act in the best interest
of the City, the Director of Human Resources shall outline specific policies and procedures to
accomplish this purpose.
Chapter 6. Section 12: Rehabilitation Program
The City recognizes that alcohol and drug abuse can be successfully treated. Therefore, the
City provides a confidential Employee Assistance Program (EAP) for its employees and their
dependents that have personal problems including, but not limited to, drug or alcohol
dependency. Refer to Administrative Rules, Chapter 5, Section 1b: Discretionary Benefits. The
City encourages the usage of the EAP as a source to assist the employee and dependents in
identifying resources to resolve their problems. The Human Resources Department has further
specific information on the EAP.
Participation in a program does not limit the City's right to seek reasonable assurances that no
use of drugs or alcohol is currently occurring. In similar terms, the employee is subject to
continued drug and alcohol screening at the discretion of the City.
If an employee elects to self - identify as having an alcohol or drug related problem, is willing to
immediately participate in and successfully complete a treatment program and agrees to being
monitored through drug /alcohol tests at the discretion of the City, the City will make reasonable
accommodations to assist the employee and will not take disciplinary action based on the self -
identification. The City will request periodic proof of participation and drug /alcohol testing.
Failure to comply with the provision or a positive test result indicating illegal drugs or alcohol in
the system shall result in immediate termination. An employee may not make a self - referral in
order to avoid a potential drug or alcohol test or disciplinary action.
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Chapter 7. Discipline and Appeals
Chapter 7. Section 1: Grounds for Disciplinary Action
The City Manager, or designee, may take disciplinary action against an employee for just cause.
Just cause shall be related to the job involved and shall include but not be limited to illegal,
unethical, abusive, or unsafe acts; violation of City rules, regulations, policies, or procedures;
insubordination; inefficiency; neglect or abandonment of duties; participation in prohibited
political activity or solicitation; abuse of sick leave, injury leave, disability leave, or other
benefits; tardiness or absence without leave; falsification of official documents or records; using
or a presence in the system of illegal drugs or under the influence of intoxicating beverages
while on duty; waste, damage, or unauthorized use of City property or supplies; unauthorized
use or disclosure of official information; unauthorized or improper use of official authority; failure
to respond to or cooperate with a City investigation.
Chapter 7. Section 2: Types of Disciplinary Action
Formal disciplinary action taken shall be consistent with the nature of the deficiency or infraction
involved and the record of the employee. Formal disciplinary action shall include written
reprimand, suspension, reduction in pay, demotion, and termination. Any of the foregoing types
of formal disciplinary action may be invoked for a particular deficiency or infraction, depending
upon the exact circumstances. An employee may be formally warned at any time that he /she
may be terminated or otherwise disciplined for further unsatisfactory performance and /or
conduct.
Nothing herein shall prohibit the administration of informal disciplinary action, such as oral
reprimands, for just cause. Supervisors should meet privately with employees to discuss
performance or behavioral problems when they first arise.
Human Resources must be advised of and consulted prior to suspension or termination of an
employee.
Employees covered by civil service law will be covered by disciplinary procedures outlined in
Chapter 143 of the Texas Local Government Code, to the extent civil service is different from
these rules.
Chapter 7. Section 2a: Written Reprimand
As a step in the discipline process, an employee may be reprimanded in writing. The written
reprimand shall describe the deficiency or infraction involved and may state the likely
consequences of further unsatisfactory performance and /or conduct. Human Resources is
available for consultation and assistance in drafting or reviewing written reprimands. The signed
written reprimand shall be forwarded to Human Resources for the employee's official personnel
file.
Chapter 7. Section 2b: Suspension
A Department Director may suspend an employee without pay for disciplinary reasons, which
will be reviewed by the Director of Human Resources or designee. A written notice of
suspension must be given to the employee which describes the deficiency or infraction involved
and should state the likely consequences of further unsatisfactory performance and /or conduct.
The suspension shall be noted in the employee's official personnel file.
When an employee is under investigation for a crime or official misconduct or is awaiting a
hearing or a trial in a criminal matter, he /she may be suspended with or without pay for the
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duration of the proceedings when such suspension would be in the best interests of the City and
the public. If the investigation or proceedings clear the employee, he /she shall be eligible for
reinstatement under such terms and conditions as may be specified by the City Manager.
Chapter 7. Section 2c: Demotion
An employee may be demoted upon the employee's request or for disciplinary reasons by the
supervisor for inability to adequately perform the current job if an opening exists in a lower level
position. This decision is an alternative to termination, at the discretion of the Department
Director, based on the employee's prior proven work record and job performance. This action
will be reviewed by the Director of Human Resources or designee.
A written notice of demotion must be given to the employee which describes the deficiency or
infraction involved and which states the likely consequences of further unsatisfactory
performance and /or conduct. The demotion shall be permanently noted in the employee's
official personnel file, but the employee shall not be disqualified from consideration for later
advancement.
Chapter 7. Section 2d: Termination
The Director of Human Resources or designee should be advised and consulted prior to
termination of any employee. Termination may culminate the end of the disciplinary or poor
performance process or may occur as the first step if the situation warrants it. Prior to
dismissal, a City employee is entitled to a due process hearing with their supervisor and the
Human Resources Director or designee. An employee terminated from City employment will
receive a written notice of termination which describes the deficiency or infraction involved.
Chapter 7. Section 3: Appeal of Disciplinary Action
An employee who is terminated, demoted, or suspended without pay may appeal that decision
to the Director of Human Resources. Appeals must be requested in writing within five (5)
business days of the employee's receipt of a decision by the supervisor or Department Director.
The Director of Human Resources will render a written decision to overturn the disciplinary
action, uphold the disciplinary action or take different disciplinary action.
To appeal the decision of the Director of Human Resources, the employee can appeal to the
City Manager. The request must be made in writing within three (3) business days of the
employee's receipt of the decision made by the Director of Human Resources. The City
Manager will render a written decision to overturn the disciplinary action, uphold the disciplinary
action or take different disciplinary action.
The decision of the City Manager shall be the final authority to the disciplinary appeal process.
A copy of the written decision to the affected employee will be retained in the official personnel
file. This policy is not applicable to probationary employees (Personnel Policy, Chapter 2,
Section 14; Probation).
If an employee fails to appeal an adverse disciplinary action within the time limits specified, fails
to follow guidelines and /or procedures promulgated by this policy, fails to cooperate in the
scheduling or preparation of the appeal meeting and /or fails to appear at any scheduled
meetings, the employee's appeal is considered void. The disciplinary action shall be final and
non - appealable.
Actions which are not appealable under this process are:
• Verbal and written reprimands
• Voluntary demotions
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• Positive drug and /or alcohol test results
• Disciplinary actions taken against temporary/seasonal employees
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Chapter 8. Separation from Employment
Chapter 8. Section 1: Separation Processing
All employees who separate from the City will need to return records, property and other instruments
belonging to the City before the last day of employment in addition to completing any required
separation paperwork.
Human Resources will extend an invitation to each separating employee for an exit interview. If
accepted, an appropriate interview schedule will be established. The exit interview is used to
determine and document the reasons employees leave the City and to solicit constructive feedback to
improve effectiveness and /or efficiency of City operations.
Chapter 8. Section 2: Resignation
An employee may leave the City service in good standing by submitting his /her resignation with at
least two weeks advance notice. The Department Director may waive any portion of the notice period.
Please reference Personnel Policy, Chapter 2, Section 6: Re- Employment.
Chapter 8. Section 3: Reduction in Force
It is the City of Baytown's policy that a Reduction in Force (RIF) is to be considered as a last resort, to
be used only after other alternatives to meeting the financial crisis have been considered. Prior to
initiating a reduction in force, the City will give consideration to less drastic alternatives, such as, but
not limited to, wage and hiring freezes, early retirement programs, salary reductions, transfers to new
positions within the City and shifts from full time to part-time work as methods to solve the financial
crisis.
Chapter 8. Section 4: Incapacity
An employee may be separated for incapacity for medical reasons when the employee no longer
meets the standards of fitness required for the position or can no longer perform the essential duties
with or without an accommodation. A finding of incapacity shall be made through individual medical
determination by a competent authority as determined by the Director of Human Resources.
Separation for incapacity shall not be considered disciplinary action and shall not operate to deny an
employee the use of any accrued illness, injury, disability, or other benefits.
Chapter 8. Section 5: Job Abandonment
An employee who is unable to report to work at the designated time is required to notify his or her
supervisor. Employees who fail to report to work without notifying their supervisor of an absence, and
without just cause, will be considered absent without leave, and are subject to disciplinary action up to
and including termination. If an employee is absent from work without notice for three consecutive
work days, they are considered to have abandoned their job. A Notice of Termination shall be sent
via certified mail to the employee's last known home address in these circumstances.
Chapter 8. Section 6: Retirement
Eligible employees may be separated by retirement in accordance with the requirements established
by the Texas Municipal Retirement System (TMRS).
Retiring employees may receive health /medical insurance and retirement benefits as prescribed in the
applicable programs and approved by City Council.
All employees hired after January 1, 2010 are not eligible for retiree health /medical insurance
except as provided for by law.
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For those employees hired prior to January 1, 2010, the following criteria determine the retiree's
eligibility for health /medical insurance programs:
An employee must have contributed ten (10) years of continuous service to the City and
An employee must meet the retirement eligibility requirements established by the Texas
Municipal Retirement System (TMRS) and be actively receiving benefits in the form of
retirement compensation at the time employment with the City terminates.
Those employees who are eligible for health /medical insurance will be responsible for paying insurance
premiums as defined in the two categories below.
All full -time employees (i) employed on or before December 31, 2003, without a break in service after
such date, and (ii) retiring from the City of Baytown:
All Years of Service with the City of Baytown
Premium paid by Retiree
Less than 10 years
Retiree pays 100% of Total Premium
10 or more years
Retiree pays same premium as active employee
All full -time employees (i) hired on or after January
1, 2004, but before January 1, 2010, without a break
in service and (ii) retiring from the City of Baytown:
All Years of Service with the City of Baytown
Premium paid by Retiree
Less than 15 years
Retiree pays 100% of Total Premium
At least 15 years but less than 20 years
Retiree pays 75% of Total Premium
At least 20 years but less than 25 years
Retiree pays 50% of Total Premium
25 or more years
Retiree pays same premium as active employee
Chapter 8. Section 7: Termination
The City may terminate an employee as a result of unsatisfactory performance or conduct, violation of
City policy, or for any reason and at any time, with or without notice.
Chapter 8. Section 8: Death
If an employee dies while employed with the City, the beneficiary or estate will be paid all appropriate
earned pay and payable benefits. This process will be coordinated by the Human Resources
Department with assistance from the Finance Department and the Legal Department.
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Chapter 9. Reinstatement
Chapter 9. Section 1: Employees Return Following a (RIF) Reduction in Force
An employee who was previously part of a Reduction in Force may be recalled to work at any time
provided the person remains qualified to perform the duties of the position.
Chapter 9. Section 2: Return from Military Leave
In general, if the employee has been absent from a position of civilian employment by reason of
service in the uniformed services, he or she will be eligible for reemployment under the Uniformed
Services Employment and Reemployment Rights Act of 1994 (USERRA) by meeting the following
criteria:
• The City had advance notice of the employee's service;
• The employee has five years or less of cumulative service in the uniformed services in his or
her employment relationship with the City;
• The employee returns to work in a timely manner as defined under USERRA; and,
• The employee has not been separated from service with a disqualifying discharge or under
other than honorable conditions.
Providing that the service member meets all criteria, the City of Baytown must provide the following:
• Prompt job reinstatement
• Accumulation of seniority, including pension plan benefits
• Reinstatement of health insurance
• Training / retraining of job skills, including reasonable accommodations for a disability
• Protection against discrimination
To be eligible for protection under USERRA, the service member must report back to work or apply
for reemployment within the following guidelines:
1 -30 days of service ..............Report next scheduled work day
31 -180 days of service ........... Apply within 14 days after completion of service
181+ days of service .............Apply within 90 days after completion of service
An employee reinstated following military leave shall be treated the same as an employee returning
from leave of absence without pay and be entitled to the same benefits. Restoration of seniority and
benefits shall be in compliance with State and Federal laws.
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