HomeMy WebLinkAboutCouncil Workshop Packet 03.21.2023 - Revised
REVISED AGENDA
CITY OF LAUREL
CITY COUNCIL WORKSHOP
TUESDAY, MARCH 21, 2023
6:30 PM
COUNCIL CHAMBERS
Public Input: Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. The
duration for an individual speaking under Public Input is limited to three minutes. While all comments are welcome, the
Council will not take action on any item not on the agenda. If a citizen would like to speak or comment regarding an item
that is on tonight’s agenda, we ask that you wait until the agenda item is presented to the Council by the Mayor and the
public is asked to comment by the Mayor. Once again, each speaker is limited to three minutes.
Be advised, if a discussion item has an upcoming public hearing, we would request members of the public to reserve your
comments until the public hearing. At the public hearing, the City Council will establish an official record that will include
all of your comments, testimony and written evidence. The City Council will base its decision on the record created during
the public hearing. Any comments provided tonight will not be included in the recor d or considered by the City Council.
General Items
1. Appoint JW Hopper as Interim Fire Cheif.
2. Appointment of Bridger Harkins and Seth King to the Laurel Fire Department.
Executive Review
3. Resolution - A Resolution Adopting Amended And Revised Personnel Policy Manual For The
City Of Laurel.
4. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute A Small
Services Contract With Play Space Designs.
Council Issues
5. Resolution - A Resolution Calling For An Election On Supplemental Funding For Public
Safety Services And Capital Needs For The City Of Laurel, Montana.
Other Items
Attendance at Upcoming Council Meeting
Announcements
The City makes reasonable accommodations for any known disability that may interfere with a p erson’s ability to
participate in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed
arrangements. To make your request known, please call 406 -628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel,
MT 59044, or present your request at City Hall, 115 West First Street, Laurel, Montana.
DATES TO REMEMBER
1
File Attachments for Item:
2. Appointment of Bridger Harkins and Seth King to the Laurel Fire Department.
2
3
File Attachments for Item:
3. Resolution - A Resolution Adopting Amended And Revised Personnel Policy Manual For The
City Of Laurel.
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R23-____ Adopt Amended and Revised Personnel Policy Manual
RESOLUTION NO. R23-_____
A RESOLUTION ADOPTING AMENDED AND REVISED PERSONNEL POLICY
MANUAL FOR THE CITY OF LAUREL.
WHEREAS, the City of Laurel (hereinafter “the City”) is dedicated to the principles of
prompt, courteous, efficient, nondiscriminatory, and quality services to its citizens;
WHEREAS, the City desires to foster public trust that City employees are representing
the City in the most efficient, consistent, and professional manner possible;
WHEREAS, the City deems it necessary to communicate employment expectations by
and between the City and its employees;
WHEREAS, amendments and revisions to the Personnel Policy Manual that has been
in existence since 2016 for the City of Laurel are necessitated, to ensure current and legal
practices for the City and its employees; and
WHEREAS, the City has prepared an amended and revised Personnel Policy Manual
for City employees, and the Mayor and City Attorney recommend that the City Council adopt
the same.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, that the City Council hereby adopts the amended and revised Personnel Policy
Manual, attached hereto and incorporated herein.
Introduced at a regular meeting of the City Council on the _____ day of March, 2023,
by Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the _____ day of
March, 2023.
APPROVED by the Mayor the _____ day of March, 2023.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
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R23-____ Adopt Amended and Revised Personnel Policy Manual
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
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PERSONNEL POLICY
MANUAL FOR THE CITY OF
LAUREL, STATE OF
MONTANA
Effective Date:
___________________ Adopted
via Resolution No. R23-_____
City of Laurel
P.O. Box 10
115 West First Street Laurel, Montana 59044
Phone: (406) 628-7431
Fax: (406) 628-2289
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RECEIPT PAGE
It is expressly understood that the Personnel Policy Manual for the City of Laurel (hereinafter “the
City”) does not constitute a guarantee of employment or promise of any kind. The City of Laurel,
in its sole discretion, and subject to Montana and federal law or any requirements of Collective
Bargaining Agreements by and between the City and applicable bargain ing employees, may direct,
hire, promote, transfer, assign, and retain employees; supervise, discipline, and relieve employees
from their job duties; determine and change hours of work, shifts, and methods of operation ;
establish, change, or abolish its policies, practices, rules and regulations.
It is understood that the Personnel Policy Manual is issued to inform employees regarding the
operating policies of the City of Laurel. The Personnel Policy Manual may be changed from time
to time at the sole discretion of the City of Laurel and is to be used as a guide to City of Laurel
employees in the performance of their duties. Violations of the policies set forth in this Personnel
Policy Manual may result in disciplinary action.
If you are a Volunteer that receives any sort of compensation, stipend(s), pay, and/or benefits from
the City of Laurel (specifically, with EMS Services and/or the Fire Department), please be advised
that, unless otherwise stated herein, the terms and conditions, rights and responsibili ties, and
policies contained within this Personnel Policy Manual equally apply to you, as a Volunteer.
As used herein, “employee” is a term of reference that encompasses both employees and
Volunteers.
By signing this statement, the employee acknowledges that the City of Laurel Personnel Policy
Manual has been received and read and that the employee understands the policies contained
herein.
It is expressly understood that the Personnel Policy Manual for the City of Laurel (hereinafter “the
City”) does not constitute a guarantee of employment or promise of any kind. The City of Laurel,
in its sole discretion, and subject to Montana and federal law or any requirements of Collective
Bargaining Agreements by and between the City and applicable bargain ing employees, may direct,
hire, promote, transfer, assign, and retain Employees; supervise, discipline, and relieve Employees
from their job duties; determine and change hours of work, shifts, and methods of operation ;
establish, change, or abolish its policies, practices, rules and regulations.
It is understood that the Personnel Policy Manual is issued to inform Employees regarding the
operating policies of the City of Laurel. The Personnel Policy Manual may be changed from time
to time at the sole discretion of the City of Laurel and is to be used as a guide to City of Laurel
Employees in the performance of their duties. Violations of the policies set forth in this Personnel
Policy Manual may result in disciplinary action.
By signing this statement, the Employee acknowledges that the City of Laurel Personnel Policy
Manual has been received and read and that the Employee understands the policies contained
herein.
Signed:
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Employee: ___________________________________
Printed Name: ___________________________________
Date: ___________________________________
Attest:
Supervisor: ___________________________________
Printed Name: ___________________________________
Date: ___________________________________
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TABLE OF CONTENTS
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Welcome
The City of Laurel welcomes you and wants you to know what to expect from the City and what
the City expects from you. Working for the City is not like any other job. Each of us is obligated
to the principle of prompt, courteous, efficient, nondiscriminato ry, and quality service to our
citizens. We expect all of our Employeeemployees to act in a professional manner in all aspects of
employment, whether dealing with the public or your fellow Employeeemployees. As a City
Employeeemployee, in effect, you are a public relations person for the City and represent the
quality of the City and its Employeeemployees.
Employees are expected to conduct their job functions in a professional, businesslike manner with
minimal interference by other staff members (except Supervisors/Department Heads/Mayor/other
City leadership personnel) or visitors. Employee attention to responsibilities and work products
should be constant, consistent, efficient, and productive. Personal interference or distractions
should be kept to a minimum.
Employees are expected to conduct their job functions in a professional, businesslike manner with
minimal interference by other staff members (except Supervisors/Department Heads/Mayor/other
City leadership personnel) or visitors. Employee attention to responsibilities and work products
should be constant, consistent, efficient, and productive. Personal interference or distractions
should be kept to a minimum.
If you are a Volunteer that receives any sort of compensation, stipend(s), pay, and/or benefits from
the City of Laurel (specifically, with EMS Services and/or the Fire Department), please be advised
that, unless otherwise stated herein, the terms and conditions, rights and responsibilities, and
policies contained within this Personnel Policy Manual equally apply to you, as a Volunteer.
You should convey friendliness and cooperation to the public in all conversations. Listen carefully
to citizens' requests, answer questions carefully and accurately, or refer them to the appropriate
department or official. There is no substitute for a friendly and cooperative Employeeemployee in
giving the public trust and satisfaction that we are representing the City to the best of our abilities.
This Personnel Policy Manual is presented as a matter of information only and nothing contained
in this Personnel Policy Manual shall be construed as an agreement or contract of employment
between the City of Laurel and any one or all of its Employeeemployees. While this Personnel
Policy Manual describes the current policies and benefits of the City of Laurel, these policies are
not conditions of employment nor do they create any vested rights for City Employeeemployees.
The Personnel Policy Manual cannot cover all employment situations, scenarios, or questions, but
it is designed to cover the basic rules. Policies and rules contained within the manual will be added,
updated, or deleted as determined by the City of Laurel. If, after reviewing this general Statement
of Policy, you have additional questions, contact your Department Head for assistance.
We are proud of the reputation and success of the City. It is our belief that these accomplishments
are the result of dedication, hard work, and good communication.
We hope that you will find your employment with the City of Laurel rewarding.
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MAYOR
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Essential General Legal Provisions
Authority/Applicability
The Laurel City Charter requires the City’s personnel system to be consistent with applicable
federal and state law and that all appointments and promotions of City officers and employees be
made solely on the basis of merit and qualifications demonstrated by a valid and reliable
examination or other evidence of competence.
In addition, the Charter provides the City Mayor with the authority to appoint and suspen d or
remove all City employees except as otherwise provided by law or the Charter and to adopt
personnel rules. The charter also requires the City Mayor to direct and supervise the administration
of all departments, offices, and agencies except as otherwise provided by the Charter or law.
The Charter prohibits the use of public office for private gain.
This Handbook applies to all employees of the City including employees of the Laurel Public
Library, the Laurel City Court, the Laurel Fire Department, the Laurel EMS Department, the
Laurel Police Department, the Laurel Public Works Department, the Laurel Planning Department,
the Laurel Clerk-Treasurer’s Office, and other City Departments. Certain procedures may vary for
employees with the Public Library or other Departments.
Delegation of Authority
The City Mayor is responsible for the direction and supervision of all City employees. The City
Mayor may in turn authorize any administrative officer subject to the Mayor's direction and
supervision to exercise the City Mayor’s powers with respect to subordinates in that officer's
department, office, or agency. This may include the authority to appoint, hire, discipline, and
terminate employees.
The City Mayor has authorized department directors to delegate the authority to issue discipline,
up to and including the issuance of written reprimands to their subordinate supervisors. Those
delegated authority to issue written reprimands may also require corrective action including
issuing performance improvement plans and disciplinary probation. The City Mayor must
authorize such delegation in writing. This delegation of authority does not abrogate the City
Mayor’s authority to exercise his/her authority to appoint, suspend, or remove employees. The
City Mayor may withhold any or all of this authority from a department director. Either the City
Mayor or a Department Head may withhold this authority from the Department Head’s
subordinate.
The City Attorney must be consulted prior to the issuance of any disciplinary action other than
counseling. Failure to consult with the City Attorney does not invalidate or void a disciplinary
action. Department Heads must be notified in advance of any action regarding appointment,
suspension, or removal taken by a properly authorized supervisor within their department.
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Employment Policy Amendment Process
From time to time, the City reviews its policies and procedures and makes revisions based on the
need for or desirability of changes. In doing so, the City reserves the right to amend, alter, delete,
and add policies, with or without notice. In addition, the City remains free to decide in all cases
how to apply the policies expressed herein to any particular set of circumstances.
Employee Work Product and Records
Employees are required to maintain official documents, work product, and other material
associated with the effective completion of their daily work. Electronic, hard copy documents, and
other material must be maintained in accordance with professional standards as directed by each
department. All files and documents, including electronic documents, must be maintained in a
manner that is consistent with the City’s record retention policies. Work product and materials
created or developed by an employee in the course and scope of their employment are property of
the City and should be accessible as such at all times.
City Officers/Department Heads
City Officers and Department Heads are set forth by Montana law and the Laurel Municipal Code.
Employees are encouraged to review the organization, and understand the relationship of their
position to the overall organization of the City.
Severability
If any part of this Handbook is found to be unenforceable, or to violate State or Federal law, the
balance of the Handbook shall remain in effect.
Collective Bargaining Agreements
Collective Bargaining Units
The City has entered into two agreements with collective bargaining units representing employees.
Employees will be advised of their collective bargaining unit upon entry to employment, and will
be provided with a copy of the current collective bargaining agreement.
The provisions of the City Personnel Policy Manual shall apply to all Employeeemployees except
in cases where these policies conflict with applicable Collective Bargaining Agreements duly
agreed upon by authorized Employeeemployee organizations. Where there is a conflict, the
applicable Collective Bargaining Agreement shall apply to those represented Employeeemployees
only. Employees covered by such Collective Bargaining Agreements are not entitled to benefits or
rights listed in the City Personnel Policy Manual where not specifically granted by the applicable
Collective Bargaining Agreement. Employees subject to Collective Bargaining Agreements shall
hereinafter be referred to as “bargaining employees.”
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Union Activity During Work Hours
Union activity during working hours is restricted to that allowable under State and Federal laws
and/or the appropriate bargaining unit agreement.
Volunteers
If you are a Volunteer that receives any sort of compensation, stipend(s), pay, and/or benefits from
the City of Laurel (specifically, with EMS Services and/or the Fire Department), please be advised
that, unless otherwise stated herein, the terms and conditions, rights and responsibilities, and
policies contained within this Personnel Polic y Manual equally apply to you, as a Volunteer.
As used herein, “Employee” is a term of reference that encompasses both employees and
Volunteers.
Personnel Policy Manual
The purpose of this Personnel Policy Manual is to provide you with a summary of the ru les,
regulations, standards of employment, and available benefits pertaining to your work assignments
and work activity as an employee of the City of Laurel. Please read the contents carefully. This
Personnel Policy Manual supersedes any and all previous documents pertaining to rules and
regulations at the City of Laurel. During the course of your employment, the City encourages you
to refer back to it when you have a question.
The purpose of this Personnel Policy Manual is to provide you with a summary of the rules,
regulations, standards of employment, and available benefits pertaining to your work assignments
and work activity as an Employee of the City of Laurel. Please read the contents carefully. This
Personnel Policy Manual supersedes any and all previous documents pertaining to rules and
regulations at the City of Laurel. During the course of your employment, the City encourages you
to refer back to it when you have a question.
This Personnel Policy Manual contains the rules and regulations for your employment relationship
with the City. The Personnel Policy Manual is not intended to create any contractual rights in favor
of you or the City.
The specific rules, regulations, standards of employment, and available benefits pertaining to your
work assignments and work activity at the City are summarized in the Personnel Policy Manual.
Your compensation and duties will be governed by your assigned job position and/or job
description.
We hope you find your work satisfying and rewarding. We look forward to a successful
employment relationship.
This Personnel Policy Manual is further intended to help you feel comfortable in your job and
assist you in finding satisfaction in your job performance. Should you have any problem or concern
relating to any action or situation affecting your work assignments or work conditions, please feel
free to communicate your concerns. The Problem Resolution Procedure presented in this Personnel
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Policy Manual is for the express purpose of helping you find a satisfactory resolution to any and all problems.
This Personnel Policy Manual contains the employment policies and practices of the City in effect
at the time of publication. All previously issued Personnel Policy Manuals and any inconsistent
policy statements or memoranda are superseded.
The City reserves the right to revise, modify, delete, clarify, or add to any and all policies,
procedures, work rules, or benefits stated in this Personnel Policy Manual or in any other
document. However, any such changes must be in writing and must be signed by an authorized
representative of the City.
Any written changes to this Personnel Policy Manual will be distribut ed to all Employeeemployees
so that the Employeeemployees will be aware of the new policies or procedures. No oral statements
or representations can in any way alter the provisions of this Personnel Policy Manual.
This Personnel Policy Manual sets forth the entire agreement between you and the City for the
duration of employment and the circumstances under which employment may be terminated.
Nothing in this Personnel Policy Manual or in any other personnel document, including benefit
plan descriptions, creates or is intended to create a promise or representation of continued
employment for any Employeeemployee.
Probationary Employment Period
When the City of Laurel hires a new Employeeemployee, the first one hundred eighty (180) days one year of employment is a period called
the Probationary Employment Period. During this time, you are able to learn about your job and
your new surroundings.
During the first one hundred eighty (180) day year of employment time period, your job
performance, attendance, attitude and overall interest in your job will be observed by your
supervisor. During this period, you may not be eligible for most benefits. Throughout the
Probationary Employment Period, the City will be assessing your selection as an
Employeeemployee. Employees who fail to demonstrate the commitment, performance, and
attitude expected by the City may be terminated at any time during the Probationary Employment
Period. The Probationary Employment Period may be extended up to an additional six months.
As a result of any excused absence(s) during your Probationary Period, or for other reasons
identified by management, the City may choose to extend your Probationary Period as necessary
to give you a further opportunity to demonstrate your ability to d o the job. If your Probationary
Period is extended, you will be notified.
Equal Employment Opportunity has been, and will continue to be, a fundamental principle at the City, where employment is based upon personal capabilities and qualifications without discrimination because of race, color, religion, sex, national origin, disability, age, marital status, genetic information or any other protected characteristic as established by law.
The City is an equal opportunity employer. In accordance with anti -discrimination laws, it is the
purpose of this policy to effectuate these principles and mandates. The City prohibits
discrimination and harassment of any type and affords equal employment opportunities to
employees and applicants without regard to race, color, religion, sex, sexual orientation, gender
identity or expression, pregnancy, age, national origin, disability status, genetic information,
protected veteran status, or any other characteristic protected by law. The City conforms to the
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spirit, as well as to the letter of, all applicable laws and regulations.
Scope
The policy of equal employment opportunity (EEO) and anti-discrimination applies to all aspects
of the relationship between the City and its employees, including:
Recruitment.
Employment.
Promotion.
Transfer.
Training.
Working conditions.
Wages and salary administration.
Employee benefits and application of policies.
The policies and principles of EEO also apply to the selection and treatment of indepen dent
contractors, personnel working on our premises who are employed by temporary agencies and any
other persons or firms doing business for or with the City.
Dissemination and Implementation of Policy
The management of the City will be responsible for the dissemination of this policy. All
supervisors are responsible for implementing equal employment practices within each department.
The City Attorney, the Mayor, and the Clerk/Treasurer is responsible for overall compliance and
will maintain personnel records in compliance with applicable laws and regulations.
Procedures
The City administers our EEO policy fairly and consistently by:
Posting all required notices regarding employee rights under EEO laws in areas highly
visible to employees.
Advertising for job openings with the statement "We are an equal opportunity employer,
and all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, sexual orientation, gender identity or expression, pregnancy, age,
national origin, disability status, genetic information, protected vete ran status, or any
other characteristic protected by law."
Posting all required job openings with the appropriate agencies.
Forbidding retaliation against any individual who files a charge of discrimination, opposes
a practice believed to be unlawful discrimination, reports harassment, or assists, testifies,
or participates in an EEO agency proceeding.
Requires employees to report to a member of management, an HR representative, or the
City Attorney any apparent discrimination or harassment. The report shou ld be made
within 48 hours of the incident.
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Promptly notifies the City Attorney of all incidents or reports of discrimination or
harassment and takes other appropriate measures to resolve the situation.
Remedies
Violations of this policy, regardless of whether an actual law has been violated, will not be
tolerated. The City will promptly, thoroughly, and fairly investigate every issue that is brought to
its attention in this area and will take disciplinary action, when appropriate, up to and including
termination of employment.
Non-Discrimination in Employment
The City of Laurel complies with Federal and State laws regarding non -discrimination in
employment. Applicants for employment are considered for employment and Employeeemployees
shall hold their employment without discrimination because of their race, color, political beliefs,
veteran/military status, religion, national origin, age, sex, disability/handicap, genetic information,
sexual orientation or marital status as required b y law, except when reasonable business demands
so require and the law requires such distinction. In no event shall the hiring of any
Employeeemployee be considered as creating a contractual agreement or specified time period of
employment, except as otherwise contemplated by Federal or State laws.
The City is committed to compliance with all applicable laws providing equal employment
opportunities. This commitment applies to all persons involved in the operation of the City and
prohibits unlawful discrimination by any Employeeemployee of the City, including supervisors
and co-workers, all Volunteers of the City, and any independent contractors utilized by the City.
Harassment / Sexual Harassment
The City of Laurel is committed to providing a work environment free of harassment. Commitment
towardsof or involvement in any act of unlawful harassment of another individual will not be
tolerated. All forms of harassment, including any degrading work assignment(s), word(s), or
action(s), toward an individual or an based upon that individual's race, color, religion, sex, sexual
orientation, age, national origin, genetic information and marital status are prohibited.
It is specifically emphasized that sexual harassment in any form is expressly prohibited. Conduct
of any kind that is perceived to be sexual harassment by a supervisor or Employeeemployee will
not be tolerated.
Sexual harassment conduct includes, but is not limited to: explicitly or implicitly subjecting an
Employeeemployee to sexual advances as a condition of the Employeeemployee's employment,
evaluation, salary, advancement, assigned duties, shifts, or any other condition of employment;
sexual flirtations, touching, advances, or proposition; the development of a perceived flirtatious
personal relationship between two Employeeemployees where one Employeeemployee is in a
position to assign or review the work of the other; verbal abuse of a sexual nature; graphic or
suggestive comments about an individual's dress or body; sexually degrading words to describe an
individual; the display in the work place of sexually suggestive objects or pictures, including nude
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photographs; and/or any unwelcome conduct which unreasonably interferes with the Employeeemployee's
job performance or creates a hostile or offensive work environment. Any Employeeemployee who engages
in the conduct of harassment will be subject to discipline and/or termination.
Prohibited unlawful harassment includes, but is not limited to, the following behavior:
• Verbal conduct such as epithets, derogatory jokes or comments, slurs or unwanted sexual
advances, invitations or comments;
• Visual displays such as derogatory and/or sexually-oriented posters, photography,
cartoons, drawings or gestures;
• Physical conduct including assault, unwanted touching, intentionally blocking normal
movement or interfering with work because of sex, race or any other protected basis;
• Threats and demands to submit to sexual requests as a condition of continued employmen t,
or to avoid some other loss, and offers of employment benefits in return for sexual favors;
and
• Retaliation for reporting or threatening to report harassment.
Reporting an Act of Harassment
You are requested and strongly urged to immediately report to your supervisor or the Harassment
Hotline any act of harassment. All complaints of harassment will be treated seriously and
Employeeemployee confidentiality will be respected.
The City prohibits retaliation against any individual who reports discrimination or harassment or
participates in an investigation of such reports. Retaliation against an individual for reporting
harassment or discrimination or for participating in an investigation of a cla im of harassment or
discrimination is a serious violation of this policy and, like harassment or discrimination itself,
will be subject to disciplinary action or termination of employment.
Harassment Hotline
The City of Laurel has a zero tolerance policy regarding any discriminatory, harassing, or
retaliatory conduct in the workplace. Pursuant to that policy, we have subscribed to a telephone
reporting/complaint service called the Harassment Hotline so that our Employeeemployees can
readily report such acts, including theft and safety matters without fear of retaliation, job loss, or
embarrassment.
The Hotline is an unbiased, third party reporting system and satisfies the United States Supreme
Court's position that entities must " ... clearly show they provi de a simple complaint process that
is calculated to encourage victims of harassment to come forward."
We do not anticipate that our Employeeemployees will need to use the Harassment Hotline, as we
expect and assume that all of our Employeeemployees will conduct themselves free of in a manner
that cannot and should not be characterized as harassment. Still, if it is needed, the service is
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available and allows ANY Employeeemployee to report any allegation of sexual harassment, discrimination,
retaliation, theft, or any safety concern that occurs in the workplace, or any harassment by a third
party.
Sexual harassment, discrimination, retaliation and other inappropriate behavior cannot and will
not be tolerated under any circumstances. The only way we can stop such behavior in the
workplace is to bring it out in the open by communication and total Employeeemployee/employer
commitment.
For the convenience of our Employeeemployees, the Hotline can be accessed 24 hours per day,
seven days per week. The toll free number is 1-800-97-STOP IT (1-800-977-8674). The City has
a unique identification number, which is 990039. Any Employeeemployee may call the toll-free
telephone number at any time and report harassment, discrimination, retaliation, theft, or any safety
concern without fear of retaliation.
Remember that the City management cannot correct any situation that is of concern to you unless
it knows about it. In this regard, your cooperation is needed and appreciated.
At any time, you are also encouraged to immediately contact the City Attorney to report any
alleged acts of harassment or discrimination. This information will be held confidential, except to
the extent needed to report to City Administration, unless you agree that this information can be
divulged in a non-confidential manner.
You also should be aware that the Federal Equal Employment Opportunity Commission and
various state agencies investigate and prosecute complaints of prohibited harassment in
employment. If you think you have been harassed or that you have been retaliated against for
resisting or complaining based upon a protected class status, you may file a complaint with the
appropriate agency.
The Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) and the Americans with
Disabilities Amendments Act (ADAAA) are Federal laws that prohibit employers from
discriminating against applicants and individuals with disabilities. These acts require
employers to reasonably accommodate individuals with disabilities who are qualified for a
job, with or without reasonable accommodations, so they may perform the essential job duties
of the position.
Reasonable accommodations are available for the known physical or mental limitations of
qualified employees with disabilities. An employee is qualified if they can perform essential job
functions with or without reasonable accommodation.
For purposes of this policy, a disability is any physical or mental impairment that substantially
limits a major life activity.
A reasonable accommodation is a modification or adjustment of an employee's job or work
environment that enables that employee to perform essential job functions or enjoy the same
employment benefits and privileges as similarly situated employees without disabilities. Examples
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of reasonable accommodations include: modifying a workspace to make it wheelchair accessible,
providing screen reading software, or adjusting an employee's work schedule to accommodate
medical appointments. The City does not provide accommodations of a personal nature, such as
eyeglasses or hearing aids.
The City is committed to providing accommodations so long as accommodations do not place an
undue hardship on business operations or pose a threat to the health or safety of employees in the
workplace.
Accommodation Process
The City will actively engage in an interactive process with employees who request
accommodations to determine what, if any, accommodation can be provided. The City aims to
process requests for accommodations in a prompt and efficient manner.
Employees can request accommodations by contacting their immediate supervisor or the City
Attorney. Employees can contact the City Attorney by phone, by email, or in person.
Employees who request accommodations will be asked to complete a Disability Accommodation
Request Form and have a physician complete an Accommodation Medical Certification Form.
Once the City receives accommodation documentation, the City makes an initial determination
about the employee's eligibility for accommodations. The City can request additional med ical
information or have an employee's medical information reviewed by a medical expert to make this
initial determination. In addition, the City can ask employees to provide information about their
educational qualifications and work experience if their r eassignment to another position is
considered as an accommodation.
If the City finds that an employee is eligible for an accommodation, the City notifies the employee's
supervisor. The City works with the employee's supervisor to examine the essential func tions of
the employee's job and find what, if any, accommodation can be provided. Determinations
regarding accommodations are made jointly by the City and the employee's supervisors. Such
determinations are made on a case-by-case basis.
Employees who are denied accommodations are notified of the denial and the basis for the denial.
Employees can appeal accommodation determination rulings.
Accommodations are reviewed annually. As part of the review, employees can be asked to provide
updated medical information to demonstrate that the need for accommodations is ongoing.
Employees who have questions about the accommodation process should contact the City
Attorney.
Confidentiality
All information obtained by the City concerning medical conditions or history of employees,
including genetic information, is maintained in separate medical files and treated as confidential
records that are disclosed only as permitted by law. The City Attorney, HR representatives, and
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supervisors who have knowledge of employees’ medical information are prohibited from sharing
such information unless others need to be informed.
Anti-Retaliation
Retaliation for requesting an accommodation is prohibited.
Family and Medical Leave Act (FMLA)
(BargainedBargaining employees; See applicable Collective Bargaining Agreement for
Family and Medical Leave)
Eligibility
All full-and part-time employees who have been employed by the City for at least twelve months,
not necessarily consecutively, and have worked a minimum o f 1,250 hours during the immediately
preceding twelve months are eligible for a leave of absence under this policy.
Policy Statement
In accordance with the Family and Medical Leave Act of 1993 (FMLA), the City will grant eligible
employees up to twelve weeks of unpaid leave during a twelve-month period for any of the
following reasons: (1) to care for the employee’s child within one year of birth, adoption, or the
initiation of foster care; (2) to care for a child, spouse, or parent with a serious health condition;
(3) because the employee’s own serious health condition makes the employee unable to perform
his or her job; or (4) because of any qualifying exigency arising out of the fact that the employee’s
spouse, son, daughter or parent is a covered military member on active duty (or has been notified
of an impending call or order to active duty) in support of a contingency operation. The City will
grant up to 26 weeks of FMLA leave during a single 12 -month period to an employee to care for
a family member or next of kin who is a covered service member with a serious injury or illness.
Upon the completion of FMLA leave, an employee generally will be reinstated to the position that
the employee held when the leave commenced, or to an equivalent position with equivalent pay,
benefits, and other terms and conditions of employment.
Scheduling of Leave
a. Except for care of a covered service member as provided below, eligible employees may
take a maximum of twelve weeks of leave during a twelve -month period. In all cases, the
twelve month period shall be measured from the date the employee’s first FMLA leave
begins.
b. Family leave, i.e., leave for childbirth, adoption, or foster care must be taken and completed
within one year of the birth, adoption, or the initiation of foster care. Such leave ordinarily
must be taken all at once unless the employee’s supervisor agrees to an alternative leave
arrangement that satisfies the operational needs of the City.
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c. Medical leave, i.e., leave for the serious health condition of an employee (including
disability in connection with pregnancy or childbirth) or an employee’s spouse, parent, son
or daughter, may be taken whenever medically necessary. Depending on the circumstances,
medical leave may be taken all at once, intermittently, or on a reduced work basis.
However, if the employee’s need for intermittent leave or leave on a reduced basis is
foreseeable based on planned medical treatment, the employee must make a reasonable
effort to schedule the treatment in a way that will minimize disruptions to the City’s
operations. The City may, with justifiable cause, ask an emplo yee to modify his or her
treatment schedule in order to better accommodate the City’s needs.
d. Leave for covered service members. Leave to care for a covered service member who has
a serious injury or illness is a one-time leave of up to 26 weeks in a single 12-month period.
Employee Notice Requirements
If an employee’s need for FMLA leave is foreseeable, the employee must provide his or her
supervisor or the City Attorney with at least thirty days advance written notice before the leave
can begin, or as much notice as is practicable under the circumstances. Such notice should include
the employee’s reason for requesting leave as well as its anticipated timing and duration.
If an employee’s need for FMLA leave, or its approximate timing, is not foreseeable, the employee
is expected to give his or her supervisor or the City Attorney notice as soon as possible under the
circumstances. Ordinarily, such notice means complying with the City’s usual policy for calling
in at or before the start of the workday or a t the latest one working day after the employee learns
of the need for the leave.
Employer Notice Requirements
Employees will be provided detailed notice at the time they request FMLA leave, which explains
their rights to FMLA leave, their eligibility for leave, and specifies the expectations and obligations
of the employee during FMLA leave and the consequences of any failure to meet these obligations.
Medical Certification Requirements
Any employee requesting a medical leave, either to care for a sick relative or because of the
employee’s own serious health condition, may be required to provide a doctor’s statement
supporting the employee’s need for leave within fifteen days after requesting leave. Employees
should contact the City Attorney as soon as their need for a medical leave is determined.
A doctor’s statement may be required to be submitted monthly while an employee is on medical
leave in order to certify the employee’s continuing need for leave. A doctor’s statement also may
be required if an employee requests an extension of leave, or if there is a significant change in
circumstances related to the employee’s need for leave.
As a condition of returning to work, an employee who has been on medical leave is required to
present a doctor’s statement certifying that the employee is well enough to resume work. A medical
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certification also is required in any case where an employee on FMLA leave represents that he or
she is unable to return to work for medical reasons.
The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other
entities from requesting genetic information of employees or their family members. In order to
comply with this law, employees should not provide any genetic information or information about
their family medical history when responding to a request for medical information to support a
request for FMLA leave. “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 an embryo
lawfully held by an individual or family member receiving assistive reproductive services.
Status of Compensation and Benefits while on FMLA Leave
Most FMLA leave will be without pay except when an eligible employee uses accrued vacation
time, sick time, or qualifies for STD payments. To the extent FMLA leave also qualifies as a leave
under the City’s parental leave policy (i.e., at the birth, adoption or foster placement of a child),
the leave will be paid under the terms of the City’s STD policy, or the City will provide employees
with two weeks of paid parental leave.
The City will maintain an employee’s health insurance coverage for the duration of the employee’s
FMLA leave as though the employee were continuously employed. The City will continue to pay
its portion of the employee’s health insurance premiums provided that the employee pays his or
her contributory portion on a timely basis. Employees requesting leave should contact the Clerk -
Treasurer to arrange an acceptable payment schedule.
The City will maintain and pay its portion of the premiums during FMLA leave for life and
disability insurance.
Employees will not accrue vacation during any periods of FMLA leave. However, such leave
periods will be treated as continued service for the purpose of calculating pension and retireme nt
plan vesting and eligibility.
In the event an employee fails to return to work after an unpaid family or medical leave is
exhausted or expires, the City is entitled to recover health or other insurance premiums paid by the
City during the leave period unless the reason the employee’s failure to return is because of: 1) the
continuation, recurrence, or onset of a serious health condition; or 2) other circumstances beyond
the employee’s control.
Return to Work
An employee on FMLA leave is expected to r eport periodically to the employee’s supervisor on
his/her or status and intent to return to work and those on leave for a serious health condition will
be required to provide medical certification of their ability to return to work.
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The City will make every effort to restore all employees on leave to their original or equivalent
positions with equivalent pay, benefits, and other employment terms. However, it may be
necessary to deny restoration to certain highly compensated “key emplo yees” in order to avoid
substantial and grievous economic injury to the City’s operations. The Department Head or the
City Attorney will notify any employee who qualifies as a “key employee” and thus might be
denied restoration, as soon as possible after the employee requests leave.
Enforcement
Employees may file a claim with the Wage and Hour Division of the Department of Labor or bring
a private lawsuit in court in order to enforce their rights under the FMLA. Information is available
at www.wagehour.dol.gov.
The City of Laurel will comply with the Family and Medical Leave Act implementing
regulations as revised effective January 16, 2009. The City posts the mandatory FMLA Notice
and upon hire provides all new Employees with notices required by the U.S. Department of
Labor (DOL) on Employee Rights and Responsibilities under the Family and Medical Act in
the break room of each City facility.
Conflict Resolution Policy
Problem Resolution
Procedure. This policy applies to non-probationary employees.)
The City of Laurel is interested in your ideas and suggestions, as well as your questions, concerns,
problems, or grievances. You should feel free to communicate your ideas, suggestions, concerns,
problems, or grievances to management.
Purpose
This conflict resolution policy establishes a process for all employees to seek resolution of work -
related problems including, but not limited to, disagreements among employees, workplace issues,
violations of City policies and procedures, and claims of harassment or discrimination. This policy
does not apply to involuntary dismissal, reduction in force, or other matters of employment status
or disciplinary action unless there is documented evidence that any such action is in violation of
written City policies or procedures or applicable state or federal law.
Conflict Resolution Procedure
The City encourages employees to use the conflict resolution procedure to settle differences with
their co-workers. The conflict resolution procedure applies to issues that are not covered under the
provisions of Title VII of the Civil Rights Act of 1964 (Title VII). Issues that fall under Title VII
should be addressed immediately and resolved through this policy’s Grievance Procedure.
To pursue resolution of workplace issues with co-workers, reporting employees should follow the
steps below. If either the reporting or responding employee becomes uncomfor table at any time
Formatted: Underline
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during the process, they may seek immediate assistance from the City Attorney or their direct
supervisor to arrange resolution.
1. Arrange a discussion with the co-worker with whom they have a conflict.
2. If the issue is unresolved after Step 1, the reporting employee should bring their concerns
to their direct supervisor. The reporting and responding employees and their supervisor(s)
will meet within five (5) working days. The intent of this meeting is to find a resolution
that is mutually satisfactory to the employees involved in the initial conflict. The supervisor
will respond in writing to all involved employees within five (5) working days of the
meeting. The response will include a summary of the conflict as understood by the
supervisor and a preliminary determination. If the complaint involves employees that work
under the direction of different supervisors, the supervisors will convene and jointly
prepare a written response that includes their understanding of the conflict in question an d
a proposed outcome.
3. If the discussion with the immediate supervisor does not resolve the problem to the mutual
satisfaction of the reporting employee and the supervisor, or if the supervisor does not
respond to the complaint, the reporting employee should submit a written complaint to the
second-level supervisor in their chain of command. The second -level supervisor receiving
the complaint must forward a copy to the City Attorney within five (5) working days of the
response from the supervisor. The second-level supervisor’s submission should include:
o A description of the issue, including the date the related incident occurred;
o Suggestions on ways to resolve the problem;
o The date when the reporting employee met with their immediate supervisor; and
o A copy of the immediate supervisor’s written response or a summary of their verbal
response. If the supervisor provided no response, their non-response should be
noted in the complaint.
Within five (5) working days of receiving the reporting employee’s complaint, the second-
level supervisor must schedule a meeting with the reporting employee to discuss the
complaint. Within five (5) working days of the discussion, the second -level supervisor
should issue a written and oral decision to the reporting employee. This de cision must be
reviewed by the City Attorney prior to the second-level supervisor’s meeting with the
employee.
4. If either the reporting or responding employee is dissatisfied with the proposed outcome or
if the supervisors cannot agree on a proposed outcome, the supervisor(s) shall consult with
the City Attorney and the Mayor/Chief Administrative Officer who will make the final
determination regarding a resolution.
5. If a reporting employee feels that the outcome of the conflict resolution procedure has not
resolved the issue, they may seek resolution via the Grievance Procedure below.
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Grievance Procedure
Employees should use the grievance procedure to address claims related to violations of City
policies and procedures or unlawful harassment.
To address claims of sexual misconduct or discrimination, employees must state their intent to
grieve in writing to the City Attorney within ten (10) working days of the incident. The statement
and accompanying documentation will be examined, and a determination will be ma de as to
whether the established grievance procedure is appropriate.
Employees who feel that the written conditions of employment or published regulations, policies,
or procedures were inequitably applied in an impending disciplinary action, up to and inc luding
termination, must state their intent to grieve in writing to the City Attorney within ten (10) working
days of receipt of the written notice of disciplinary action or dismissal. The request will be
examined, and a determination will be made as to wh ether the established grievance procedure is
appropriate.
In the case of a serious violation of conditions of employment or a major infraction of regulations,
policies, or procedures, such as gross misconduct, the action to terminate an employee’s service is
final. The employee can only appeal on the grounds that the gross misconduct did not occur, not
that they were terminated for their actions.
A grievance must be presented within the time frame shown in the first step of this procedure. Any
failure to appropriately and timely submit a grievance may bar an employee’s claims.
Reporting employees must demonstrate by clear and convincing evidence that their complaint is
not arbitrary or capricious.
The grievance procedure is as follows:
1. Documentation Submitted – Employees should begin the grievance process by submitting
their Grievance to the City Attorney. Employees must provide a specific statement of the
grievance and indicate what solution or remedy they expect. Any documentation that
relates to the substance of the grievance or facilitates its understanding should be attached
to the grievance submission.
2. Grievance Review – The City Attorney will review the documentation and schedule a
meeting with the employee within five (5) working days of receipt. The City Attorney will
also notify the appropriate supervisor of the filed complaint. After a complete and thorough
review, the City Attorney will determine if an investigation is required. An investigation
may require interviewing witnesses; the City Attorney will strive to complete
investigations within thirty (30) working days. The City Attorney will inform the employee
and the appropriate supervisor of the investigation’s outcome and resolution. If the
reporting employee is not satisfied with the resolution proposed, they must notify the City
Attorney in writing within five (5) working days.
3. Formal Review by Mayor/CAO – The Mayor/CAO will review the grievance
documentation and the City Attorney’s recommendation, conduct additional meetin gs with
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the involved parties (if needed), and consult with the City Attorney. The Mayor/CAO will
inform the reporting employee in writing of the decision within twenty (20) working days
of receipt of the employee’s grievance from the City Attorney.
Prohibition on Providing False Information
The City places great importance on the integrity of its policies and procedures. False complaints
can cause irreparable harm to the City, regardless of the outcome of an investigation. Accordingly,
any employee who knowingly files a false report or complaint, knowingly provides false
information, or intentionally misleads City officials will be subject to disciplinary action.
Prohibition on Retaliation
The City adheres to Equal Employment Opportunity Commission guideli nes and will not harass,
take adverse employment action, or retaliate in any manner against any employee reporting in
good faith a concern about unlawful or inappropriate actions or misconduct.
Confidentiality
The City will make every reasonable effort to protect the confidentiality of information received
in connection with matters of employee conflict and grievances. Information related to these
matters will be shared on a need -to-know basis only. Appropriate City Staff will, however, share
information, as appropriate and necessary, in order to address and resolve the concerns at issue
and prevent the recurrence of similar situations. There may be instances where it is the City’s
ethical and legal responsibility to disclose information regarding the circu mstances related to a
specific conflict or grievance. Should this be the case, those involved will be notified prior to the
information being released.
Problem Resolution Procedure
Employee Classifications
Employees will be classified as full-time or part-time. Following the completion of the benefit
waiting period, eEmployees may be eligible for eEmployee benefits as defined by the benefit plan
policy. Part-time employees are not eligible for employee benefits. Volunteers are not eligible
for benefits, unless otherwise negotiated between the City and the volunteer(s).
New Employees
New eEmployees will complete an informal orientation session with the Department Head,
Mayor, Clerk/Treasurer and/or their designee. The eEmployee will have the opportunity to complete
necessary employment forms required by Federal and State Statuteslaw, as well as payroll and
withholding information. The Department Head, Mayor, Clerk/Treasurer and/or their designee
will explain in general terms the rules and expectations and provide an overview of the pay and
benefit packages offered by the City. The eEmployee will be responsible for reading and following
the policies established within the Personnel Policy Manual.
Full-Time Employees
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Full-time eEmployees are those who are scheduled for and do work 40 or more hours per week.
Following the completion of the Probationary Employment Period, full -time eEmployees may be
eligible for eEmployee benefits, subject to the existing terms and conditions of tho se benefits, by
and between the City and the beneficiary provider.
Full-Time Contract Employees
A full-time Employee whose term of employment and conditions of employment are contained in
a written Employment Contract that is negotiated by the Mayor and approved by the City Council
is subject to those terms and conditions, as contained within the written Employment Contract .
Part-Time Employees
Part-time eEmployees are those who are scheduled for and do work fewer than 40 hours per week. Part-
time eEmployees may be are not eligible for benefits.
Temporary Employment
A temporary eEmployee is one who works on a regular or irregular basis, for a specified period of
time, not to exceed twelve (12) months, and whose employment is terminated at the end of the
work period. Temporary eEmployees do not have priority over outside applicants to regular full -
time positions, but are invited to apply for regular full-time positions as appropriate. A temporary
eEmployee may be eligible for limited benefits after completion of the qualifying period,
depending upon the City’s policies and procedures, in place, at the time of the employee’s status
change. See the Office of City Clerk/Treasurer for details.
Short-Term Employment
A short-term eEmployee is one who works for short periods of time, not to exceed ninety (90) days
in any continuous twelve (12) month period and is not eligible to earn leave, holiday, or group
insurance benefits. Short-term eEmployees do not have priority over outside applicants to fill
regular full-time positions, but are invited to apply for regular full-time positions as appropriate.
Seasonal Employment
A seasonal eEmployee is one who performs work interrupted by seasons and may be recalled
without loss of rights and benefits accrued in the previous season. A seasonal eEmployee may be
eligible for limited benefits after completion of the qualifying period , depending upon the City’s
policies and procedures, in place, at the time of the employee’s status change.. See the Office of
City Clerk/Treasurer for details.
Contract for Service
Contract for Service involves those who work for the City pursuant to an employment contract or
on an independent contract basis. Work assignments, responsibilities, and payment are all
identified in the contract. Please be advised that Independent Contractors are not considered
eEmployees of the City of Laurel and receive no eEmployee benefits and must showmay be
required to demonstrate independent contractor registration and proof of insurance, including
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liability, unemployment, and workers' compensation coverage. Independent contractors are not
bound by the express terms of the policies contained herein, except to the extent appl icable to
contractual terms for which they have negotiated.
Volunteers
Volunteers involve include those on the roster of the Laurel Volunteer Fire Department and Laurel Volunteer Ambulance ServiceEMS as
volunteers, and shall include other volunteers, on the roster as volunteers, for any other department
of the City. Volunteers are expected to conduct themselves in accordance with the responsibilities
outlined in this Personnel Policy Manual, but they may not be entitled to the same rights and
benefits of employees employed by the City. Volunteers are expressly required to comply with
the terms and provisions of this Personnel Policy Manual, as it relate s to usage of City property
and assets, social media policies and procedures, reporting of grievances and conflict resolution
issues, and employee dress and appearance.
Hours of Work
The normal workday hours and workweek may vary from eEmployee to eEmployee. Work periods
may vary from assignment to assignment and may require overtime. Each non-exempt eEmployee
is required to know their work schedule and be in attendance as assigned. Exempt eEmployees are
expected to meet the requirements of their job, which may necessitate varied hours of work.
Failure to comply with the required work hours for an employment position may result in
disciplinary action, including to and up to termination of employment.
Work Schedules
Your supervisor will assign your individual work schedule. Failure to observe work
scheduleswork schedules, including any assigned rest and lunch periods, is not permitted. All
eEmployees are expected to be at their desks or workstations at the start of their scheduled shifts,
ready to work. Employees are expected to work all of their scheduled hours. Leaving work for any
reason during normal working hours without permission may be considered job abandonment.
Failure to comply with this policy may result in disciplinary action, including to and up to
termination of employment.
Tardiness
Reporting to work on time is required. "On-time" is defined as being properly dressed, being at
your assigned work stationworkstation and being prepared to begin work at the start of the
scheduled work period. Anytime you are absent or late it impacts the City's operation and places
an additional burden on your coworkers. Employees are expected to r eport to work as scheduled,
on time and prepared to start work. Employees also are expected to remain at work for their entire
work schedule, except for meal periods or when they are required to leave on City business.
Sleeping or malingering on the job is not permissible. Late arrival, early departure, or other
absences from scheduled hours are disruptive and must be avoided.
Failure to comply with this policy may result in disciplinary action, including to and up to
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termination of employment.
Attendance / Absenteeism
Regular attendance is required. If you are unable to report for work on any particular day, you
must personally contact your supervisor prior to your scheduled shift with reasonable notice to
allow your supervisor to have someone else fill in for your job duties. In all cases of absences or
tardiness, eEmployees must provide their supervisor with an honest reason or explanation.
Employees must also inform their supervisor of the expected duration of any late arrival and/or
absence. Failure to notify a supervisor when unable to report to work may result in disciplinary
action, up to and including termination.
If you are going to be absent for more than one day and are not on an approved leave of absence,
you are required to contact your immediate supervisor each day prior to the start of your shift to
inform him/her of your status. Additionally, if you are absent due to illness, your supervisor may
request that you provide a physician's statement verifying your illness. Failure to prov ide a
physician's certificate when requested or required to do so, excessive absenteeismexcessive
absenteeism (excused or not) and/or irregular attendance may be grounds for discipline, up to and
including termination of employment. Each situation of excessive absenteeism or tardiness shall
be evaluated on a case-by-case basis. However, even one unexcused absence may be considered
excessive, depending on the circumstance. There is no compensation for an unexcused absence or
tardiness for non-exempt eEmployees.
Voluntary termination results when an eEmployee voluntarily resigns his or her employment, or
fails to report to work without notice to, or approval by, his or her supervisor. All City- owned
property, including vehicles, keys, uniforms, identification badges, and credit cards, must be
returned immediately upon termination of employment.
Meals and Rest Period s
There is no Federal or State law requiring employers to furnish Employees with breaks. Breaks,
when available, are considered a benefit to the Employee and availability is dependent upon work
demands. All breaks may require prior Supervisor approval, are no longer than fifteen minutes in
length, may be taken twice (once in the morning and once in the afternoon) during your shift, and
are compensated. Each Employee who works more than a six (6) hour shift is provided with an
unpaid lunch break.
The work week is from 12:01 a.m. Sunday to midnight 12:00 p.m. Saturday. Generally, a norma l
work day is an 8 hour period, unless otherwise provided. All employees are afforded an unpaid
lunch break around mid-day as scheduled by their supervisor. Non-bargaining and non-exempt
employees are permitted a paid morning and afternoon rest break of 15 minutes when the schedule
allows. Any deviation of this policy must be approved by the Department Head. Specific
provisions of a collective bargaining agreement in conflict with this policy may apply, and where
a specific provision of a collective bargaining agreement is applicable, that provision/those
provisions apply, superseding the policies contained in this Section. Additionally, this policy may
not apply to Volunteers, who are governed by separate requirements related to their Service.
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Job Duties
You will be trained on your job responsibilities and the performance standards expected of you.
Be aware that your job responsibilities may change at any time during your employment. From
time to time, you may be asked to work on special projects, or to assist with other work necessary
or important to the operation of the City.
Your cooperation and assistance in performing such additional work is expected.
Insubordination, including but not limited to failure or refusal to obey the orders or
instructions of a supervisor or member of management or the use of abusive or threatening
language toward a supervisor or member of management, will not be tolerated.
Reductions in Force
Under some circumstances, the City may need to restructure or reduce its workforce. If
restructuring our operations or reducing the number of Empl oyees becomes necessary, the
City will attempt to provide advance notice, if possible, to help prepare affected individuals. If
possible, eEmployees subject to layoff will be informed of the nature of the layoff and the
foreseeable duration of the layoff, whether short-term or indefinite.
In determining which eEmployees will be subject to layoff, the City will take into account,
among other things, operation and requirements, the skill, productivity, ability, and past
performance of those involved, and also, when feasible, the eEmployee's length of service.
Discipline
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
Discipline is at the discretion of the City and shall be decided on a case -by-case basis. If you
disagree with any disciplinary action, you are required to follow the internal grievance
procedure.
Policy
Employees are required to adhere to City policies and procedures and perform their job in a manner
that is consistent with the all City policies and procedures and accepted professional and personal
standards of behavior for a public workplace. Employees are expected to perform their work in a
manner that ensures public confidence in the functions of the City and which complies with local,
state, and federal law. Employees who have completed their initial employment period and are no
longer serving a probationary period are subject to good cause for discipline and discharge.
Employee Misconduct
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Disciplinary action may be taken in cases of employee misconduct. Employee misconduct means,
but is not limited to, violation of City policies or procedures, willfu l neglect of an employee’s duty,
insubordination, disruptive behavior, and any conduct on the job not in keeping with generally
accepted professional and personal standards of behavior associated with employment, as well as
other activities that might adversely affect the confidence of the public, and violations of federal
and/or state law.
Reasons for disciplinary action may include, but are not limited to:
• Violations of any policy in this Personnel Policy;
• Violating job-related federal, state, and/or local laws;
• Commission of a felony or misdemeanor;
• Dishonesty, including but not limited to giving false information, falsifying time records
for payroll, falsifying other records, or making false statements when applying for
employment;
• Unsatisfactory job performance;
• Unsafe work practices, failure to follow safety policies, or both;
• Disrespect to the public or fellow employees;
• Being absent or tardy for any reason, or being wasteful of material, property or working
time;
• Failing to follow the orders of your supervisor(s);
• Inability to get along with fellow employees and the public;
• Misuse or destruction of City or other employee's property;
• Being on City premises not open to the general public during nonworking hours without
authorization;
• Abuse of sick leave;
• Any other conduct on the job not in keeping with acceptable standards of behavior
generally associated with employment.
Specific provisions of a collective bargaining agreement in conflict with this policy may apply, and where
a specific provision of a collective bargaining agreement is applicable, that provision/those provisions
apply, superseding the policies contained in this Section. Additionally, this policy may not apply to
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Volunteers, who are governed by separate requirements related to their Service.
inappropriate, the Employee may follow the grievance procedure.
Personal Information
For accurate administration of your wages and benefits, and for compliance with Federal and State
regulations, it is necessary that current and accurate personnel records be maintained. This
information is also necessary in the event you must be reached for an emergency or available work.
If there are changes, or if you observe any errors in your personnel records, please notify your
supervisor immediately. Please report any of the following changes as they occur:
• Name
• Address
• Telephone number
• Marital status
• Number of dependents
• Education (courses completed and other training or skills required)
• Selective service status
• Emergency contact person(s)
Personnel Records
You have a right to inspect certain documents in your personnel file, as provided by law, in the presence of an authorized City representative at a mutually convenient time. No copies of documents in your file may be made, with the exception of documents that you have previously signed.
Employee personnel records are intended to capture the historic and current conditions of
employment for each employee. The information contained in such records is of benefit to the City
and the employee and employees should ensure that the information is accurate and current. This
includes updated certifications, beneficiaries, personal contact information, and current position
details.
Employee Records
Employees receive upon employment copies of this Handbook; his/her class specification, and a
letter of hire specifying the beginning date of employment, probationary period, wage/salary
information and any other special conditions of employment. The City will maintain for ea ch
employee a personnel record.
Supervisors are responsible for forwarding to the Clerk-Treasurer documents to be included in an
employee's personnel file. Supervisors may maintain separate performance records for each
employee.
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Information reflecting negatively on an employee, with the exception of a termination letter,
should not be placed in the employee's personnel file until the employee has been informed, and/or
the employee or a witness acknowledges receipt of the document. Any employee can make a
written request to the City Attorney to have material (except annual performance appraisals) which
she or he feels to be incorrect removed from his or her file.
An employee's personnel record is confidential except for the following:
1. Position title;
2. Dates and duration of employment;
3. Salary; and
4. Claims for vacation, holiday, or sick leave pay, except that the reason for taking leave is
confidential and may not be disclosed.
Therefore, access to an employee's personnel record will be limited to tho se individuals who have
a right to know. Included in this category will be the employee, his or her immediate supervisor(s),
the appropriate department head, the City Mayor, the City attorney, the City’s auditors, and others
who have a legal right of access.
Release of Information
An employee's position, title, dates and duration of employment and compensation are public
information and may be released pursuant to a written request. Request for reference checks about
a former or current employee must be directed to the Department Head or City Attorney.
Employees must sign an authorization for personnel file review and access if they wish for anyone
outside of the authorized City personnel to review and copy their file.
Employee References
All requests for references should be directed to the management of the City. By policy, the City
discloses only the dates of employment and the last position held. If you authorize the disclosure
in writing, the City also will inform prospective employers of the amount of salary or wage you
last earned.
Employment of Relatives and Personal Relationships Nepotism
It is the City's policy to hire the best-qualified employees, regardless of marital or family status.
The City's recruitment, selection, and promotional processes, as they relate to nepotism, will be
undertaken in compliance with applicable state and/or federal law (specifically, Mont. Code Ann.
§ 2-2-31).
No employee will be assigned or candidate hired to a position where the employee or candidate
will supervise, or be supervised, by a relative, either directly or indirectly through a mid-level
Manager. For purposes of this section, "relative" means a spouse or significant other, child, parent,
grandparent, grandchild, aunt, uncle, first cousin, or corresponding in-law or "step" relative.
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The City wants to ensure that City practices do not create situations such as conflict of interest or
favoritism. This extends to practices that involve Employee hiring, promotions and transfers. Close
relatives, partners, those in a dating relationship or members of the same household may not be
permitted to be in positions that have a reporting responsibility to each other. Close relatives are
defined as husband, wife, domestic partner, father, mother, father-in-law, mother-in-law,
grandfather, grandmother, son, son-in-law, daughter, daughter-in law, uncle, aunt, nephew, niece,
brother, sister, brother-in-law, sister-in-law, step relatives, cousins and domestic partner relatives.
Honesty/Ethics Policy
All Employees are expected to contribute to the success of the City by performing their jobs as
required and conducting themselves in a professional manner.
Regardless of whether or not it is job related, Employee honesty and integrity are essential to
ethical business practices. Emplo yees are required to prepare all reports, including expense reports
and time cards, accurately and truthfully. Clocking in/out or modification of timecards other than
your own is strictly prohibited.
Except for special circumstances, Employees are prohibited from remaining on City premises or
making use of City facilities while not on duty.
Misuse of the City's property, time, materials, or facilities during work time or while not on duty,
including the City's equipment, City records, customer lists, suppli es, e-mail, internet, and
computer and voicemail systems, for your personal convenience, profit or non-profit
organizations, can constitute unethical conduct. These tools and resources are intended to assist
Employees in conducting legitimate City business, and any other use of such property is
discouraged. It is also prohibited for you to take advantage in this manner of outside individuals
or organizations doing business, or seeking business, with your employer unless you have written
permission from the City.
Unacceptable conduct that is considered detrimental to the City's best interests, such as fraud or a
breach of trust, may result in immediate disciplinary action, up to and including termination of
employment.
Employee Dress and Appearance
The City of Laurel is proud of its public image and strives to maintain the high standards for which
we are known. Each Employee reflects the image of the City and, therefore, is required to wear
what the City deems to be suitable attire for the particular assignmen t of the Employee. Assigned
dress shall be kept clean, neat and in good repair, and must be worn while on duty. This may
include the wearing of safety clothing or shoes. We hope you will share our pride in your City.
Accordingly, the following policy has been established for our Employees.
Employee Dress Code
• Employees are expected to be neatly dressed in appropriate attire for their position.
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• All clothing should be in good repair, clean and free from holes, stains, rips, tears, patches,
artwork, and slogans, unless related to the City.
• For safety purposes, employees are expected to follow OSHA guidelines related
to dress, shoes and safety equipment.
• Shoes must be worn at all times while on duty.
• Good personal hygiene and personal habits are very importantexpected. Body
cleanliness is a must.
• No Employees will be permitted to wear unnatural hair colors (blue, green, pink,
etc.)
• Clothing that is worn, tom, or frayed.
• Clothing that contains patches, holes, artwork, and slogans.
• Sweat clothing or workout attire such as sweat shirts, sweat pants, leotards, tights, and jogging suits.
• Bathing suits.
• Mini-dresses and mini-skirts of all types.
• Sheer or see-through clothing.
• Muscle shirts.
Stealing from the City, from other Employees or from City reside nts will not be tolerated by the
City. City materials may not be removed from City premises without management approval. The
City reserves the right to define "City materials" in specific instances, but generally, if it does not
belong to you, leave it alone. Stealing may be grounds for immediate termination and may cause
the City to bring criminal charges against you.
Due to the nature of the business and the professional liability that may accrue, you must give
your primary attention to your assigned job position. You may not be permitted to work, own
or acquire, directly or indirectly, a substantial beneficial interest in any concern you have
reason to believe may supply goods or services to, or purchases from, or compete at any other
job or in any other business during your employment. If there are business dealings that appear
to create a conflict between the interests of an employer and an Employee, it will be deemed
unacceptable.
Political Activity
Certain statutory restrictions as to political activity pertain to Police Officers while on duty or
in uniform. Employees of a department, which is financed in whole or in part by Federal
funds, are subject to the provisions of the Hatch Act. See the City Clerk/Treasurer for a copy
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of the applicable statutory requirements and The Hatch Act and its provisions.
or promote any political committee or the nomination or election of any person to public office in
violation of Mont. Code Ann. § 2-2-121(3). This prohibition in no way is meant to interfere with
individual rights to express personal political views. An employee may not hold elected or
appointed City office if such office would be incompatible with the duties of their position or
employment or create a conflict of interest.
Lawsuits and Press Matters
When an eEmployee is approached by a legal process server, they should refer the server to
the Mayor and/or their designee or to the City Attorney. Should an authority not be available
and the eEmployee is required to accept served papers, it is the eEmployee's priority to locate
and forward the information to either of the authorities listed without opening or reading the
documents. No eEmployee shall discuss aspects of any legal situation that is subject to or is
currently involved in a lawsuit or hearing without first consulting with the Mayor and/or their
designee or the City Attorney.
If an eEmployee is approached for a press release, news story or news quote, that employee
is required to refer all contacts to the eEmployee's Department Head. If the news topic relates
to a legal issue or case in progress, that employee is required to refer all matters to the City
Attorney. refer all contacts to the Mayor and/or their designee.
No employee should provide a press release, interview, or press information without first
receiving approval from the Mayor.
Community Relations
To preserve and foster the public's trust and confidence in the City, it is imperative that all
eEmployees act with complete honesty and fairness. Employees are expected to be
knowledgeable about their job and applicable laws and regulations pertaining to their job.
Whenever you have a question relating to applicable laws or regulations, you should seek out
appropriate advice before acting.
In dealing with the public, eEmployees are expected to exercise good judgment and common
sense. Commitments to others should be made only if such commitments can realistically be
met. In this regard, the products and services of the City should be presented accurately and
fairly.
You should always be mindful of the position of your employer in the community. Good
reputation and success requires continuing adherence to high standards.
• All eEmployees are required to refrain from using abusive language, slang,
profanity and/or offensive remarks concerning age, sex, race, religion, marital status,
disability, national origin and sexual orientation.
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• Each eEmployee reflects the image of the employer and is required to wear suitable
attire. Wearing disturbing, unprofessional or inappropriate styles of dress or hair while
working is not permitted.
• All eEmployees must maintain personal grooming habits that reflect a
presentable image for themselves and the City.
• All eEmployees are required to refrain from fighting, threats of violence or
physical assault (whether serious or playful) on or with a customer or coworker.
Participating in horseplay or practical jokes, causing, creating, or participating in a
disruption of any kind on City time or on City property is prohibited. Violation of any
safety, health, security or City policy, rule, or procedure is cause for disciplinary action
up to and including termination.
If you should become aware of actual or potential problems in any area of the business of the
City, you are expected to inform your supervisor immediately. If you are aware of
improvements to policies, procedures, products and/or possible business opportunities that
will contribute to customer satisfaction and enhance the City, you are urged to bring those
improvements to the attention of your supervisor.
Participation in Community Organizations
Parking
City provided parking spaces are available to all City Employees. The City of Laurel assumes no
liability for theft or damage to your vehicle while parked on City property.
Vehicle Usage Vehicle Usage
All employees whose duties require the operation of a City-owned motor vehicle or who operate
a privately-owned vehicle while conducting City business must possess a valid Montana driver's
license and maintain a safe driving record. Most employees who are required to drive as a part of
employment and who are new to the State of Montana must obtain a valid Montana driver's license
within sixty (60) days of employment; police officers must have a current Montana driver's license
upon entry to employment.
As a condition of employment, all new employees whose work will require the employee to operate
a City vehicle, a personal vehicle on City business, or both, will be subject to a driving records
check as part of the post-conditional offer process. The City-Clerk Treasurer will initiate the
records check. A report indicating a current or recent suspended or revoked license status and/or
significant moving violations may be cause to deny or terminate employment.
Periodic checks of employees' driver's licenses through visual and formal Driver's Services checks
shall be made by department or division heads. Any employee who does not hold avalid driver's
license will not be allowed to operate a City vehicle until such time as she or he obtains a valid
license.
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Any employee performing work which requires the operation of a City vehicle must notify his or
her immediate supervisor in those cases where his or her license is expired, suspended, or revoked
and/or who is unable to obtain an occupational permit from the court system. Any employee who
fails to report such expiration, revocation, or suspension to his or her supervisor and who continues
to operate a City vehicle shall be subject to possible disciplinary action.
Non-City Employees Riding in City Vehicles
Non-City employees are not allowed to ride in City-owned vehicles unless authorized by an
approved program, including the completion of a hold-harmless agreement. Due to liability issues,
unless otherwise approved in writing by an appropriate management official, employees who wish
to have a non-employee accompany them on business trips, lunches, etc., will not be allowed to
use a City vehicle.
Vehicle Accident Reporting Procedures
Employees driving a City vehicle or personal vehicle while on City business must report all
accidents immediately to appropriate law enforcement and also report the accident to his/her
supervisor. City employees are required to comply with the law including but not limited to staying
at the accident scene until released by the law enforcement officer and then complying with any
and all orders set by the law enforcement officer. Employees are directed to refrain from making
statements regarding the accident with anyone other than the investigating law enfo rcement
officer, appropriate City officials and if applicable, the employee’s insurance company
representative (but only where personal vehicles are involved). Limit the statements made to
factual observations. Any post-accident testing should be conducted in accordance with applicable
laws and policy.
Post Accident Drug and Alcohol Testing
Accidents resulting in any physical injury or City property damage in excess of $1,500 will require
immediate drug and alcohol testing for the employee(s) involved. Supervisors must immediately
take involved employee(s) to the appropriate testing facility if the accident occurs during normal
business hours. Any accidents occurring ou tside of normal business hours will require the
employee to receive testing.
Please see the City’s Vehicle Use Policy for additional information, atta ched hereto. All other
relevant policies, related to City vehicle usage are identified therein, and all employees are bound
to them hereto.
City Equipment Usage
City Equipment Use
All equipment and tools are City property, provided for official City business. Limited personal
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use of electronic equipment, such as City-owned computers and smart phones, is authorized in
some cases in the IT Policy. Employees are not permitted to use City-owned vehicles, equipment,
or personnel for personal reasons, unless otherwise specified by the Vehicle Use Policy
Personal Equipment Use
The City of Laurel expects employees to carry out their work using City-owned equipment.
Employees are not expected to use their personal equipment to accomplish City work. Occasional
personal cell phone use is acceptable at a minimum so long as use does not interfere with the course
of City business or employees completing their work assignments.
Workplace SafetyIssues
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service. (Bargained Employees: See applicable Collective Bargaining Agreement)
Safety and warning signs posted upon City property or equipment, upon private property, or upon
other public property must be observed at all times. Each eEmployee is to wear and/or use safety
equipment furnished, including the use of seat belts, hand, eye, and body protection gear as
appropriate. Failure to comply with safety signs, safety manuals, safety rules or procedures, or the
use of safety equipment, may be sufficient cause for disciplinary action.
The City is committed to safety in all areas of the organization and our goals are to provide a safe
and healthful working environment and to ensure that eEmployees comply with occupational
safety and health standards and all rules, regulations and orders which are applicable to their own
actions and conduct.
We believe that safety must function as an integral part of, and in no manner separated from, the
operation of the City. In recognition of this and in the interest of prudent management practices,
our goal is to:
• Maintain a safe and healthful working environment.
• Consistently adhere to proper operating practices and procedures which are designed to
prevent injury, illness and loss of assets.
• Comply with the requirements of Federal, State and local safety and health codes to einsure
the well-being and safety of all eEmployees.
In order to achieve these goals, eEmployees shall receive training on the use of equipment, proper
and safe operating procedures and site/task specific job functions. Periodic safety training sessions
and inspections shall be conducted to maintain eEmployee awareness.
All eEmployees are responsible for exercising maximum care and good judgment and shall comply
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with established procedures in operating safely and preventing accidents. Unsafe conditions,
equipment or practices shall be reported to the Supervisor immediately. Each eEmployee is
expected to abide by all safety rules and procedures and shall wear any and all personal protective
equipment required and provided by the Employer.City.
Our safety rules have been written with you in mind. Please follow the rules and help your the City
ensure a safe working environment.
Safety Data Sheets
All locations must have Safety Data Sheets (SDS) for each chemical in use at that location. You
are required to be knowledgeable in their use in case of any possible health hazards and/or any
emergency first aid procedures to follow. If the location is missing any SDS Sheets, notify your
supervisor, who will obtain replacement copies.
Accident or IniuryInjury Reporting
If you are injured on the job, or involved in an accident involving the City's equipment, you MUST
REPORT THE ACCIDENT IMMEDIATELY (on the same work shift) to be in compliance with
the policies/procedures as set forth in the City Safety Manual.of the City of Laurel.
Proper injury reporting includes a supervisor or Employee completing the "Employee Incident
Report" and the injured Employee completing the WORKERS' COMPENSATION "FIRST
REPORT OF INJURY". Supervisors are to assist the Employee in properly completing and
mailing of all forms. Both forms can be obtained from your supervisor. These forms must be sent
to or delivered to the City within 24 hours of the accident or injury. Failure to complete the proper
forms on time may jeopardize workers' compensation insurance benefits and may result in injury
expenses not being covered by insurance.
The City's workers' compensation insurance carrier will investigate accidents/injuries for
legitimacy and cause.
This enables the City to eliminate fraudulent claims and to prevent future accidents and injuries.
Workers' Compensation
The Benefits CoordinatorClerk-Treasurer additionally is responsible to facilitate Department
Heads in the administering of Workers' Compensation claims. Each Employee involved in any
incident or who has an illness or injury on the job must report such incident and/or illness or injury
IMMEDIATELY to their Supervisor/Department Head prior to the completion of their work shift.
In their absence, the Employee must report such incident and/or illness or injury to the
CoordinatorClerk-Treasurer. A failure on the part of the Employee to report such incident and/or
illness or injury IMMEDIATELY may lead to disciplinary action up to and including termination
and may cause a delay or denial of their claim. The Benefits CoordinatorClerk-Treasurer will
require a complete report to be given by the involved Employee and Department Head within
seventy-two (72) hours and cause such reports to be forwarded to the appropriate officials.
1) If an Employee is receiving Workers' Compensation benefits resulting from an injury incurred
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while employed with the City, the following shall apply: (see Labor Agreement for exceptions).
The City is committed to "early return to work" for Employees who have been ill or injured.
Please discuss "early return to work" with your Supervisor.
Visitors
On occasion, visitors may be required to visit an eEmployee. Personal visitors at work shall be
limited to situations of necessity. Employees are asked to consult with the job site supervisor in
the event an emergency necessitates a visit.
In no case shall a personal visitor interfere with the fulfilling of your work assignments or the work
assignments of other eEmployees. Excessive interruptions by visitors may be grounds for
disciplinary action, up to and including termination.
Weapons
Possession of firearms, handguns, or any other dangerous weapons or materials while performing
job duties or while on employer's premises is prohibited unless directed by the City or State City,
State, or Federal laws. Violation of this policy may lead to disciplinary action, up to and including
termination.suspension or termination.
Arrests (Reporting o ft)
All arrests or summons for legal violations while conducting on City business and/or while operating
City equipment must be reported immediately to your supervisor.
Abuse / ViolenceWorkplace Violence
The City mandates a "zero tolerance for violence". It is specifically emphasized that violent acts or incidents in any form are expressly prohibited. Each Employee has a responsibility to help prevent violence by reporting what they see in the workplace that could be interpreted as a violent or abusive act or incident. A violent act or incident is defined as, "any action or behavior that can be viewed as ill treatment or abuse towards another." A violent act includes provoking a fight or fighting during working hours or on City property, physically harming another, shouting, shoving, bullying, pushing, harassment, abusive language, intimidation, coercion, brandishing weapons, physical or verbal threats.
violence, threats of violence, intimidation, and other disruptive behavior are strictly prohibited at
the City of Laurel.
Workplace violence is defined as any act of creating an environment in which a reasonable
employee is given cause to feel threatened or intimidated.
All employees are responsible for maintaining a workplace free of violence. Any employee who
is concerned about or observes workplace situations that may result in violence should
immediately report the situation to a supervisor or the City Attorney.
The City will take prompt action to investigate any situation alleging an employee engaged in
workplace violence, or who used any obscene, abusive, or threatening language or gestures. Such
action may include disciplinary action, or notifying the police or other law enforcement
officers. Employees must report any case of workplace violence to their immediate supervisor and
the City Attorney.
This policy also prohibits employees from bringing unauthorized firearms or other weapons onto
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City premises. Only law enforcement employees are authorized to bring firearms onto City
property.
Smoking/Smokeless Tobacco Tobacco Policy
The City of Laurel supports a non-smoking environment. Smoking shall be on the Employee's
time during any scheduled breaks or meal periods and away from the building. Cigarette butts,
papers or any other related items need to be disposed of in the proper containers. Smoking is not
allowed on City premises or in City vehicles or equipment. Respectful use and disposal of
smokeless tobacco and chewing gum is permitted.
The use of smokeless tobacco, spitting, and spit cups should be done in a manner not offensive to
others and in a private manner.
Alcohol / Drugs
The City of Laurel is committed to maintaining a work environment which is drug and alcohol
free. The unlawful and unauthorized use, possession, manufacture, distribution, or sale of a
controlled substance and/or alcohol on City premises or off City premises while conducting City
business is prohibited.
Employees may not be under the influence of or impaired by drugs or alcohol while on duty.
Employees thought to be under the infl uence will be subject to reasonable suspicion testing.
Violations of this policy may result in disciplinary action, up to and including termination, and
may have legal consequences. An employee who violates the provisions of this policy may be
permitted to successfully complete a drug/alcohol abuse rehabilitation program, as an alternative
to termination.
When supervisors feel they have an employee that may have violated our drug/alcohol standards,
they should contact the City Attorney for guidance and assistance in dealing with any aspect of the
violation in the work setting.
Employees suspecting drug and alcohol use of a peer or supervisor are directed to contact the City
Attorney immediately reporting the facts and details of the suspected employee.
Employees (including part-time employees, temporary employees, and volunteers) must, as a
condition of employment or service, abide by the terms of the above policy and report any
conviction or entry of a plea of guilty under a criminal drug or alcohol law for violations occurring
on City premises, or off City premises while conducting City business. A report of a conviction
must be made, in writing, to the employee's supervisor within five (5) calendar days after the
conviction or entry of a plea of guilty. (This requirement is mandated by the Drug-Free Workplace
Act of 1988.)
Drug and Alcohol Testing Policy
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Employees may not be under the influence of or impaired by drugs or alcohol while on duty.
Employees thought to be under the influence will be subject to reasonable suspicion testing.
Violations of this policy may result in disciplinary action, up to and including termination, and
may have legal consequences.
Reasonable Suspicion Drug and Alcohol Testing
Supervisors and Management officials shall receive training on reasonable suspicion. If a
supervisor or Manager reasonably suspects that an employee is under the effects of drugs or
alcohol, he or she will ask another supervisor to confirm a suspicion. Then, the emplo yee will be
subject to drug and/or alcohol testing.
Post Accident Drug and Alcohol Testing
Employees who are involved in workplace accidents resulting in any physical injury requiring
medical attention or in equipment damage of $1,500 or more shall be s ubject to post-accident drug
and alcohol testing. For accidents involving motor vehicles with damage (of $1,500 or more) or
physical injury, responding officers shall assess for signs of impairment and if they believe
impairment exists, the employee will be subject to criminal and/or escorted to a testing facility by
their supervisor.
Police officers or Firefighters who are involved in accidents involving motor vehicles will be
subject to department policy, including appropriate testing conducted by the Montana Highway
Patrol.
Drug Free Workplace Act
In compliance with the Drug Free Workplace Act of 1988, and if the employee is receiving federal
funding, Human Resources will insure that one of the following actions is taken within thirty (30)
calendar days of receiving employee notice:
1. Disciplinary action, up to and including discharge; and/or
2. Requiring such employee to participate satisfactorily in drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State or local health, law
enforcement, or other appropriate agency.
Failure to report a conviction under a criminal drug statute will also result in disciplinary action,
up to and including discharge.
Questions regarding this program should be directed to your supervisor or the City Attorney.
Drug Free Workplace
The City is a drug free workplace. Employees are prohibited from the unlawful manufacture,
selling, distribution, dispensing, possession or use of controlled substances in the workplace.
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Exceptions to this policy may be made for police officers acting within the scope of their official
duties.
OPERATIONAL CONSIDERATIONS
Operational Considerations
You are responsible for good housekeeping practices and for keeping your assigned work area
clean. Good housekeeping is essential to a safe, clean and pleasant work atmosphere and includes
proper disposal of trash or waste materials.
Breastfeeding Policy
Women returning from maternity leave who wish to continue breastfeeding or separate expression
of milk for their child(ren) will be provided a private space (other than a toilet stall) with suitable
lighting and electricity if necessary for pumping apparatus. The selection of the space will be made
on a case-by-case basis in consultation with the Employee. Standard break times will be primarily
utilized with additional unpaid break time provided as mutually agreed upon. Additionally, the
City will make every effort to provide suitable facilities for milk storage during the Employee's
daily work period. All requirements listed in Mont. Code Ann. MCA §§39-2-215, 39-2-216, 39-
2-217, whether or not specifically listed herein, will be complied with.
Bulletin Boards
Bulletin boards may be used to provide various types of information that pertain directly to you
and your job, including benefits, work schedules, business information and special notices. It is
your responsibility to read the information that may be p osted. Certain information changes
frequently and you should check the bulletin board on a routine basis.
Only authorized personnel may be permitted to approve the posting and/or removal of notices and
information. The posting or removal of information by anyone other than authorized personnel is
not permitted.
Solicitation and Distribution of Literature
With the exception of activities approved by the City Ma yor, agents and representatives may not
contact City employees for personal reasons during business hours. City employees are prohibited
from using City time or resources to sell or solicit the sale of any merchandize or service whether
to another employee, to the general public, or both.
In order to ensure efficient operation of the City's business and to prevent disruption to Employees, the City has established control of solicitations and distribution of literature on City property. The City has enacted rules applicable to all Employees governing solicitation, distribution of written material, and entry onto the premises and work areas. All Employees are expected to comply strictly with these rules. Any Employee who is in doubt concerning the application of these rules should consult with his or her supervisor.
Please see the attached City Equipment Use Policy for the City of Laurel.
The telephone and other City equipment are furnished for the operation of the business. Telephone
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use for personal calls shall be kept to a minimum. Excessive making or accepting of personal telephone calls during working hours, except in cases of emergency, are cause for disciplinary action up to and including termination.
Please see the attached Computer, Internet, and Email Usage Policy for the City of Laurel.
The City recognizes that use of the Internet has many benefits for it and its Employees. The Internet
and e-mail make communication more efficient and effective. Therefore, Employees are
encouraged to use the Internet appropriately. Unacceptable usage of the Internet can place the City
and others at risk. This policy discusses acceptable usage of the Internet.
Please see the attached Social Media Use Policy for the City of Laurel.
The City understands that social media can be a fun and rewarding way to share your life and opinions with family, friends and co-workers around the world. However, use of social media also presents certain risks and carries with it certain responsibilities. To assist you in making responsible decisions about your use of social media, we have established these guidelines for appropriate use of social media.
All job descriptions must be approved by the Mayor or CAO, no exceptions..
COMPENSATION AND BENEFITS
Compensation
Paydays
The pay period is biweekly. Payday is the Friday following completion of the pay period.
Paychecks will be available by 9:00 a.m. on payday. There shall be NO pay advances under any
circumstances. Checks may be mailed if authorized by the employee. No other person be allowed
to pick up an Employee's payroll check, without prior written authorization of the Employee on
file with the City.
* The Laurel Fire Department LVFD member's expense reimbursement will be once a month, on or before
the 10th of the following month.
Overtime
(Bargained Employees; See applicable Collective Bargaining Agreement for Compensation)
If non-exempt employees work in excess of 40 hours per week, they are entitled to overtime or
compensatory time at time and a half for each hour worked in excess of 40. Specific provisions of
a collective bargaining agreement in conflict with this policy may apply, and where a specific
provision of a collective bargaining agreement is applicable, that provision/those provisions apply,
superseding the policies contained in this Section.
Supervisors are responsible for managing the need for overtime and compensatory time. As such,
supervisors should use flexible scheduling so that no more than forty (40) hours per week are
worked. Whenever possible, the change in a work schedule should be in writing, and the employee
should be given at least one (1) working days’ notice of this change, unless otherwise specified in
a Collective Bargaining Agreement.
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Non-exempt employees who work more than the scheduled hours without written consent of the
supervisor, and/or supervisors who permit or require non -exempt employees to work more than
forty (40) hours per week without providing appropriate compensation, may be subject to
disciplinary action.
Compensatory Leave - Employees who wish to use compensatory leave must do so without unduly
disrupting City operations. Use of compensatory leave requires supervisor prior approval. Leave
can be taken in increments of ¼ hour.
If an employee terminates employment with the City of Laurel, they will be paid for 100% of the
unused compensatory leave balance. Unless otherwise covered by collective bargaining agreement
or the Fair Labor Standards Act, this payout will be based on the employee’s hourly rate at
termination.
If an employee with a balance of compensatory time transfers to an exempt role, the City will pay
100% of the unused compensatory leave balance at the cu rrent hourly rate prior to the transfer to
the new position.
Unless there is a break in service, if an employee transfers from one non -exempt position to another
non-exempt position within the City, the employee’s compensatory leave balance transfers with
the employee, subject to the maximum accruals defined.
Exempt employees are not entitled to overtime or compensatory time. Questions about the status
of positions may be directed to the Clerk-Treasurer.
Exempt Employees
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
Exempt Employees may have to work hours beyond their normal schedules as work demands
require. No overtime compensation will be paid to exempt Employees.
An exempt Employee is an executive, administrative, professional, computer professional or
some an outside sales commissioned Employee who is exempt from minimum wage or
overtime requirement, as determined by Federal and State Wage and Hour Laws.
This salary pay policy is intended to comply with the salary pay requirements of the Fair
Labor Standards Act and shall be construed in accordance with the Act. Employees are
encouraged to direct any questions concerning their salary pay to your supervisor so that any
inadvertent error can be corrected.
Time Reporting
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Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
All non-exempt Employees will be required to keep track of their time daily for management
to compute eligibility and amount of pay and/or evaluation of job specifications and
requirements on the individual time record provided by the City. Your scheduled time will be
computed from the time you clock in until you clock out. Non -exempt Employees are not
permitted to commence work before their normal starting time or to continue working after
their normal quitting time without prior approval of the Supervisor or Department Head.
Vacation leave, sick time, compensatory time, if any, and holidays worked or not worked
must also be recorded on the time record provided with the dates involved listed clearly.
All Employees are expected to take a lunch or a meal break in compliance with department
needs. Unapproved absences shall not be considered as hours worked for pay purposes .
Recording the work time of another Employee or allowing any other Employee to record your
work time, or falsifying any time card, either your own or another Employee's, is not permitted
and is a cause for termination. Any errors on your time card should be reported immediately
to your supervisor.
LVFD The Laurel Fire Department member's time will be recorded on a per call basis as
established reported by the Fire Chief and approved by the Mayor..
Direct Deposit Options
The City offers automatic payroll deposit directly to your bank account or to a pay card. You
may begin and stop automatic payroll deposit at any time. To begin automatic payroll deposit,
you must complete a form (available from the City Payroll Clerk). You should carefully
monitor your payroll deposit statements for the first two pay periods after the service begins.
To stop automatic payroll deposit, complete the form (available from the City Payroll Clerk).
You will receive a regular payroll check on the first pay period after the receipt of the form,
provided it is received no later than IO days before the end of the pay period.
Call Out
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective b argaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
(Bargained Employees; See applicable Collective Bargaining Agreement for Call Out) City Employee call out will be performed by police dispatch personnel.
hours, not an extension of the work shift, he/she will receive pay at the rate of one -and-one-
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half (1I½) times the regular rate of pay.
On Call
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
The purpose of this policy is to provide compensation to City eEmployees who are required to
be "on call". "On call" is defined as an eEmployee who is required by the City to remain on or
near his/her workplace during off- duty hours in order to respond to emergencies. It is the
policy of the City of Laurel that all City eEmployees, both exempt and non-exempt, required to
be "on call" be reasonably and fairly compensated.
The eEmployee must be specifically designated and assigned to "on call" status by the Mayor
to receive compensation. Furthermore, both exempt and non-exempt eEmployees requested
to respond to emergency after hour calls shall respond if available.
LVFD Laurel EMS and Fire Department members and ambulance personnel will be called
out as needed by Laurel police dispatch.Police Department Dispatch.
City Credit Cards
Eligible Expenses
Only the City of Laurel's business expenses may be charged to the City of Laurel credit cards.
Personal expenses may not be charged to the City of Laurel credit cards.
Cash Advances
Cash advances on the City of Laurel's credit card are not allowed.
Supporting Documentation
As soon as possible, but no later than seven (7) days after a purchase has been made with the City
of Laurel's Credit Cards, a meaningful explanation of the business purposes of each expense and
the receipt must be turned in to account payables. For meals and travel, be sure to include a list of
any additional persons included in such expenses. In the event that a receipt is missing or lost, the
Employee shall note the loss beside the charge and include an explanation of the expense.
Lost/Stolen Cards
Please contact the CAO Clerk-Treasurer as soon as you discover a card has been lost or stolen.
Ending Employment
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If you leave employment with the City of Laurel, you must return the City of Laurel's credit cards
to the CAOClerk-Treasurer by your last working day.
Final PayResignation and Pay Upon Final Termination
The City believes you should be given the opportunity to satisfactorily perform in your job. In the
event of failure to perform, you may be disciplined and/or terminated. When
termination/separation occurs, payment of final wages will be made within fifteen (15) days or the
next pay period, whichever comes first.
Employee Benefits
The Health Insurance Committee may review the City's benefits package as provided by the City
Payroll Clerk.
Official Benefit Documents
All benefits provided by the City are described in the official documents, which are kept on file in
the Office of City Clerk-/Treasurer, and are available for examination by any plan participant or
beneficiary. These documents are the only official and binding documents concerning the City's
health and pension benefits. All summaries and communications, both written and verbal, must
refer to them as binding in cases of questions or disputes. The City reserves the right to modify,
amend, or terminate its health benefits. (See also, CBAs for exceptions.)
Benefits CoordinatorClerk-Treasurer
The City Clerk-Treasurer, or other designee appointed by the Mayor and/or CAO, serves as
Benefits Coordinator the coordinator of the City's health and pension benefits. The Benefits
CoordinatorClerk-Treasurer is responsible for all communications and disclosures concerning City
benefits and for compliance with all applicable laws and regulations. In addition, the Benefits
CoordinatorClerk-Treasurer shall be available to answer eEmployee questions concerning benefits
and shall communicate to new eEmployees, eEmployees as they achieve eligibility, retiring
eEmployees, and non-eEmployee beneficiaries as to specific benefit coverage and required forms
and designations in a consistent and timely fashion to ensure th at all time frames are met. The
Benefits CoordinatorClerk-Treasurer, with approval of the Mayor, is specifically authorized to use
outside professional assistance as needed. No funds shall be expended without prior approval of
the City Council for such assistance.
Beneficiary Designations
Under City insurance and retirement plans, each eEmployee must designate a beneficiary in the
event of the eEmployee's death. Such designation must be made in writing to the Benefits
CoordinatorClerk-Treasurer, and the beneficiary will be so informed by the Coordinator in the
event of death. Employees may change a beneficiary designation by giving the Benefits
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CoordinatorClerk-Treasurer written notice of such desire and change and all parties shall be notified of the
change in writing. It is the eEmployee's responsibility to maintain the proper beneficiary
designations.
Insurance/Pension
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
(Bargained Employees: See applicable Collective Bargaining Agreement)
for certain group health insurance and pension benefits. The City may contribute toward the
premiums for health coverage. Added benefits or insurance coverage for each full- time or part-
time Employee employee and/or their dependents may also be available. See the Office of City
Clerk for more detailed information. Unemployment and Workers' Compensation Insurance is paid
fully by the City and covers all Employees.
Holidays
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies conta ined in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
(Bargained Employees: See applicable Collective Bargaining Agreement)
• January 1 -New Year's Day
• Third Monday in January - Martin Luther King, Jr. Day
• Third Monday in February-Presidents' Day
• Last Monday in May - Memorial Day
• July 4 - Independence Day
• First Monday in September - Labor Day
• Second Monday in October - Columbus Day
• First Tuesday in November during Congressional/Gubernatorial Election Years- State General Election Day – General Election Day
• November 11 - Veterans' Day
• Fourth Thursday in November - Thanksgiving Day
December 25 - Christmas Day
•
If a holiday falls on a Saturday, the Friday preceding is observed as the holiday. If a holiday
falls on a Sunday, the following Monday is observed as the holiday.
If one or more regular holidays fall in the period of an eEmployee's annual vacation leave, the
vacation record will be credited for the holiday. If a holiday falls on an eEmployee's regularly
scheduled day off, the eEmployee will be granted another day off as agreed upon by the
eEmployee and their Supervisor, the Mayor and/or their designee.
Regular part-time and seasonal eEmployees shall receive a pro rata share of compensation at
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their regular straight time hourly rate.
Annual Leave Vacation
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers , who are governed by separate requirements related to
their Service.
(Bargained Employees: See applicable Collective Bargaining Agreement)
earn annual leave from the first day of employment, but will not be eligible to take the accrued
leave until the Employee successfully completes a six-month qualifying probationary period.
Regular full-time eEmployees accrue vacation leave as follows:
Time worked Work day credit per year Hours per month
based on an 8-hr day
1 day through 10 years 15 10
11 years through 15 years 18 12
16 years through 20 years 21 14
21 years and over 24 16
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Regular part-time eEmployees are entitled to prorate their vacation leave if they have worked
the six-month qualifying period. Vacation benefits are based upon the hours worked during
the pay period.
Temporary and seasonal eEmployees earn annual leave; however, they must be employed f or
the six-month qualifying period before they may use the annual leave. In order to qualify,
seasonal eEmployees shall immediately report back for work when operations resume in order
to avoid a break in service.
The maximum annual leave amount accumulated is twice the number of days earned annually
at the end of any calendar year. Vacation leave exceeding the maximum amount must be used
within 90 calendar days of the next calendar year in which the excess was accrued or it will be
forfeited.
Requests for annual leave must be submitted in advance and pre-approved by the eEmployee's
Supervisor or the Mayor and/or their designee. The annual leave will be approved after
considering the best interest of the City, the eEmployee's department, and the eEmployee's
request. Employees who need to use annual leave due to extenuating circumstances before
they finish the probationary period may ask their Supervisor, the Mayor and/or their designee
to grant paid annual leave with the understanding that their leave balance will be affected if
their employment is terminated before completing the qualifying period. Should two
eEmployees request the same period of vacation, their Supervisor or the Mayor and/or their
designee has discretion regarding the approval of the leave requests.
An eEmployee who has completed the six-month qualifying period and has separated from
the service of the City for any reason shall be entitled upon termination to cash compensation
payout for unused vacation leave. The payout will be based upon the eEmployee's salary at
time of termination.
LEAVES OF ABSENCE
Leaves of Absence
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
Leaves of Absence may be granted for reasons of bona fide illness or for other reasons
mutually agreed upon with the City. Leaves must be requested in writing and shall state the
reason for the leave and the dates desired. Benefit contributions and benefit accruals may be
suspended during leaves. Upon expiration of the leave, or upon notification to the City of your
intent to return, you will be returned to the next available job opening in your classification. If
you do not report upon the expiration of the leave, or any extension authorized by your
employer, you may be considered as having voluntarily given your resignation, subject to all
requirements of Federal and State law.
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State law shall govern a maternity leave of absence.
Employees who are on any type of leave of absence, work-related or non-work-related, will
be placed on inactive status. During the time the Employee is on inactive status, benefits such
as vacation or sick leave will not be earned.
Military Leave
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
(Bargained employees; See applicable Collective Bargaining Agreement for Military Leave)
member of the organized militia of Montana or the reserve corps or military forces of the United
States is entitled to a leave of absence with pay for a period not to exceed one hundred twenty
(120) hours per year to perform military service. Eligible employees who are regularly scheduled
to work a fifty-three (53) hours per week schedule are entitled to receive up to 160 hours of paid
military leave. Employees employed less than six (6) months are entitled to unpaid leave for the
purposes listed above. “Military service” means both federally funded military duty and state
active duty. Employees must submit a copy of military orders with his or her timesheet to be
entitled to the leave with pay.
Public Office LeaveLeave While Serving in Elected or Appointed Office
Employees elected or appointed to a public office shall be granted an unpaid leave of absence, not to exceed 180 days per year, while performing the public service. Employees will be restored to their positions, with the same seniority, status, compensation, hours, locality, and benefits as existed prior to their leaves of absence for public service. Employees must return to work within ten days following the completion of the service, unless they are unable to return due to an illness that has been certified by a medical doctor. The City will comply with all relevant restrictions and guidelines provided within the Hatch Act (5 U.S.C. 7321 through 7326, as amended).
be placed on a leave of absence without pay, not to exceed 180 calendar days per year, to perform
public service. Employees must return to work no later than 10 calendar days after the completion
of the public service unless he or she is unable to do so because of illness or disabling injury
certified by a licensed physician. When the employee returns to work, he or she will be restored to
his or her position, with the same seniority, status, compensation, hours, locality and benefits that
existed immediately before the leave of absence. Employees are encouraged to review the specific
section in the Montana Code Annotated for further information. The City Mayor may seek an
opinion from the City Attorney as to whether the office sought or obtained by an employee is
incompatible or creates a conflict of interest with their employment.
Leave Without Pay
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
(Bargained Employees: See applicable Collective Bargaining Agreement for Other Leaves With or Without Pay)
granted only under extreme and unusual circumstances and in accordance with the following
55
guidelines:
All other appropriate and available leaves must be used before a Leave of Absence without pay is
granted. Leaves of Absence will be handled as follows:
• Leaves of Absence for more than five (5) days must be submitted in writing through
the Department Head to the Mayor or his/her designee for approval. Library Employees
must be approved by the Library Board;
• Except in unusual circumstances, no requests for Leave of Absence will be
granted unless the Employee has completed one (1) year of continuous, full-time
employment.;
Whenever possible, the Employee should provide their Supervisor, the Mayor and/or their
designee with at least 30 days' notice so workloads/tasks can be covered. To request leave without
pay, Employees must provide their Supervisor, the Mayor and/or their designee the beginning and
ending dates of the leave and the reason for the requested leave.
Vacation and sick leave cease to accrue during leave without pay. Health insurance premiums
will not be paid by the City during a period of leave without pay. However, the Employee
may choose to continue insurance coverage during the leave by paying the City the premiums
on a monthly basis. If the Employee fails to continue the insurance coverage, the insurance
may be canceled. Should it be canceled, the Employee may be subject to policy restrictions
upon returning to work.
An Employee who fails to return to work on his or her regularly scheduled workday after the
pre-approved leave-without-pay period will be considered to have voluntarily resigned unless
the leave period is extended, in advance, by their Supervisor and/or the Mayor and/or their
designee. Providing false or misleading information or reasons to justify leave-without-pay
may result in disciplinary action, up to and including termination.
Bereavement Leave
(Bargained Employees: See applicable Collective Bargaining Agreement for Bereavement
Leave)
Bereavement leave is a form of administrative leave available to employees who lose family
members. In this case, "family member" means a member of the employee’s household, a parent,
guardian, spouse or domestic partner, child, step child, sister or brother, equivalent in-laws, or lose
family members. Adoptive family members and step family members are considered family
members. Bereavement leave is available for up to twenty-four (24) hours for full-time employees
(prorated for part-time employees) per year.
As with other unscheduled absences, employees are expected to notify their supervisors as soon
as they learn of the need for bereavement leave.
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Jury and Witness Duty
(Bargained Employees: See applicable Collective Bargaining Agreement for Jury Duty)
Employees selected for jury duty, or who are subpoenaed to serve as a witness, have the option of
receiving normal pay, or of charging time off to vacation leave. If the employee receives normal
pay, the employee must return any jury or witness pay to the City. Employees will not have to
return any expense or mileage reimbursements paid to them by the court.
The City may request a court excuse the employee from jury duty if the employee is needed for
proper operation of the City. Such as request must be made by the City Attorney after consultation
with a Department Head.
Sick Leave
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
(Bargained employees; See applicable Collective Bargaining Agreement for Sick Leave)
Full-time Employeeemployees earn sick leave from the first day of employment; however,
they are not entitled to use paid sick leave until they have been employed continuously for the
qualifying period of 90 days. Employees who are sick before they finish the qualifying period
may ask their Supervisor to grant paid sick leave with the understanding that their leave
balance will be affected if their employment is terminated before completing the qualifying
period. For calculating sick leave, 2,080 hours (52 weeks X 40 hours) equals one year.
Sick leave must be credited at the end of each pay period. Sick leave is earned at a rate of
twelve working days for each year of service without restriction as to the number of working
days that may be accumulated. Employees may not accrue sick leave while in a leave-
without-pay status.
Part-time Employeeemployees earn a prorated amount of sick leave if they have worked the
qualifying period. Full-time temporary and seasonal Employeeemployees are entitled to sick
leave benefits provided they work the qualifying period.
Employees may use sick leave for personal illness or physical incapacity, sickness of
immediate family member, or death in the immediate family of Employeeemployee (refer to
bereavement leave). Immediate family is defined as the Employeeemployee's spouse, any
member of the Employeeemployee's household, or any parent, child, grandparent, or
grandchild, and corresponding step or in-law relationships. Sick leave benefits shall apply to
bona fide cases of sickness, accidents, doctor or dental appointments, maternity/paternity
leave, and requests for the Employeeemployee's presence due to immediate relatives' illness
57
or emergency. Employees using sick leave that exceeds three (3) consecutive workdays may
be required to furnish a medical certification of illness from a qualified doctor upon request
of their Supervisor or the Mayor and/or their designee. Diagnosis of illness is not necessary,
only a certification stating that they were unable to work due to illness.
An Employeeemployee, who has passed the qualifying period and separates from the City,
shall be entitled, upon termination, to cash compensation payout for unused leave equal to
one-fourth of the accumulated sick leave. The payout will be based upon the
Employeeemployee's salary at time of termination.
Employees will be permitted to transfer sick leave from one Employeeemployee to another.
The receiving Employeeemployee must have exhausted all accrued sick leave and vacation
leave. The contributing Employeeemployee must make the transfer request in writing and
must maintain at least 40 hours of sick leave. The transferred sick leave will not change the
receiving Employeeemployee's employment status. The transferred sick leave is considered
forfeited by the contributing Employeeemployee and additional sick leave must be re-accrued.
Employees shall not be coerced, intimidated or adversely persuaded to transfer their accrued
sick leave to the receiving Employeeemployee. Doing so may result in disciplinary action.
At the City's request and expense, an Employeeemployee may be subject to an examination by a
physician following a sick leave or other absence occasioned by illness or injury to ensure the
Employeeemployee can complete the necessary functions of the position. Abuse of sick leave may result
in disciplinary action.
Pregnancy Leave
The City provides employees reasonable unpaid and job -protected leave to recover from
pregnancy-related illness. Following a period of pregnancy leave, an employee is entitled to return
to her same job, or to a job with equivalent pay, duties, benefits, and accumulated seniority. It is
the employee's responsibility to express her pregnancy leave needs to her supervisor, and to update
the supervisor should these needs change. As with all medical conditions, the City will rely on the
judgment of medical professionals to determine the length of pregnancy leave. Employees should
also refer to the Family and Medical Leave Policy for further information. Pregnancy Leave shall
run concurrently with Family and Medical Leave.
Eligible employees may use sick and/or vacation during pregnancy leave. Employees may also be
eligible for benefits under the sick leave donation or direct donation policies.
Employees are encouraged to speak with the City Attorney for further details.
The City provides employees unpaid, job-protected parental leave up to 15 working days.
Employees may use sick or vacation leave for this time if they wish to be paid. Employees are
encouraged to speak with the City Attorney for further details.
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SEE FURTHER Attached City of Laurel Personnel Policies, as referenced herein and/or
amended.
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ACKNOWLEDGED AND SIGNED BY EMPLOYEE:
_______________________________________
Employee Name: ___________________________________
Dated: ___________________________
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CITY OF LAUREL VEHICLE USE POLICY
I. PURPOSE AND SCOPE
The purpose of this policy is to set forth the guidelines under which City vehicles will be authorized
to City personnel, the guidelines under which City vehicles may be used, and the guidelines for
reimbursement or compensation for employee use of personal vehicles.
The provisions of this policy apply to all City employees.
Employees whose employment is regulated by collective bargaining agreement are subject only to
those provisions of this policy not specifically regulated by agreement.
II. DEFINITIONS
Automobile Allowance: that amount approved by the Mayor or the City Council to compensate
an employee for regular and routine use of a personal automobile. Automobile allowance is
considered to be a salary item and, as such, is subject to taxation.
Expense Reimbursement: that payment for approved expenses relating to personal automobile use
upon receipt of written documentation. Expense reimbursement is not considered to be a salary
item.
City Vehicle: those automobiles, trucks, vans, or other self-propelled equipment owned, rented,
or leased by the City and licensed for travel on a public way.
Personal Automobile: that automobile owned or available for private use by the employee.
III. POLICY
A. City Vehicles.
It is the policy of the City that certain positions require employee access to City vehicles,
either during the work shift or on a 24 hour on-call basis. City vehicles are not personal
vehicles and are not for personal use. City vehicles should be viewed as belonging to the
citizens of Laurel and are assigned for purposes consistent with providing services to those
citizens.
B. Use of City Vehicles for Travel under this Policy.
It is the policy of the City that employees shall use City vehicles whenever they are
available for travel covered by this Policy. Exceptions to this policy must be approved, in
advance, by the employee' s Department Head or the Mayor. Non City employees should
not travel in City Vehicles, without express approval of the Mayor.
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C. Expense Reimbursement for Use of Personal Automobile.
Employees will not be reimbursed for commuting between their homes and offices or other
regular work locations.
The City may reimburse employees for reasonable expenses which they incur as a result of
personal automobile use on behalf of the City, upon approval by the Mayor. Receipts and
appropriate accounts payable documentation must be submitted in order for an employee
to be reimbursed for such expenses.
IV. PROCEDURES
A. Assignment of City Vehicles.
The assignment of City vehicles during work time is based upon job duties. The
assignment of City vehicles is made by Department Heads or immediate supervisors.
Criteria which will be used in the determination of eligibility for vehicle use includes:
Officially designated on-call status;
Requirement for emergency response;
Issuance of a pager or other communication device;
Emergency or other equipment contained in the vehicle; and/or
No City facility is available for garaging in a safe and convenient location.
B. Limitations on Vehicle Use.
Vehicle use is limited to travel to and from the residence, work site, or for work-related
duties. The vehicle should be driven over the most direct route taking into account road
and traffic conditions. The vehicle should not be utilized for travel outside a direct
commuting route and/ or for personal reasons other than for those activities incidental to
the commute. The use of a City vehicle under this policy is not intended to enhance the
salary of the employee using the vehicle.
V. LIMITATIONS
A. City vehicles may only be used for legitimate City business. City vehicles will not be used
to transport any individual who is not directly or indirectly related to City business.
Liability waivers must be completed whenever a non-City person is a passenger in a City
vehicle.
B. Only City employees may operate City vehicles.
C. Vehicles should contain only those items for which the vehicle is designed. The City shall
not be liable for the loss or damage of any personal property transported in the vehicle.
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D. Employees are expected to keep City vehicles clean, and to report any malfunction or
damage to their supervisors immediately. Employees assigned vehicles are expected to
park such vehicles in safe locations.
E. Employees must wear seatbelts in vehicles so equipped during operation of the vehicle.
Employees may not operate City vehicles under the influence of alcohol, illegal drugs, or
prescription drugs or medications which may interfere with effective and safe operation.
F. Employees who operate City vehicles must have a valid motor vehicle license issued by
the state of Montana and may be required to provide proof of valid motor vehicle license
once every six (6) months.
G. Employees driving City vehicles shall comply with all relevant City policies and
procedures. Employees driving City vehicles shall comply with all relevant laws, rules and
regulations, including but not limited to the Clean Indoor Air Act, Federal Child Labor
Laws, Occupational Safety and Health requirements, and Montana Motor Vehicle Laws.
Employees driving City vehicles shall obey all applicable traffic and parking regulations,
ordinances, and laws. Employees who incur parking or other fines in City vehicles will be
personally responsible for payment of such fines. Employees who are issued citations for
any offense while using a City vehicle must notify their supervisor immediately when
practicable, but in no case later than 24 hours. Failure to provide such notice will be
grounds for disciplinary action.
H. An employee who is assigned a City vehicle and who is arrested for or charged with a
motor vehicle offense for which the punishment includes suspension or revocation of the
motor vehicle license, whether in his or her personal vehicle or in a City vehicle, must
notify his or her supervisor immediately. Conviction for such an offense maybe grounds
for loss of City vehicle privileges and/ or further disciplinary action.
I. No employee may use a City vehicle for out of state use without advance approval of the
Mayor or Department Head.
VI. SPECIAL CIRCUMSTANCES
This policy is intended to provide a basic framework governing the use of personal and City
vehicles in the City, and, as such, cannot contain procedures governing every situation that might
arise. Employees seeking clarification of, or exemption from, the provisions of this policy should
contact the Mayor who will provide such clarification and may authorize exceptions to the policy
under mitigating circumstances.
VII. SANCTIONS
Failure to comply with any and all provisions of this policy may result in disciplinary action, up
to and including removal of City vehicle privileges, suspension, and/ or termination from City
service.
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This Policy is subject to change, amendment, alterations, and revisions at the sole discretion
of the City of Laurel.
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CITY OF LAUREL DRUG AND ALCOHOL TESTING POLICY
I. PURPOSE AND SCOPE
The purpose of this policy is to assure employee fitness for duty and to protect employees and the
public from the possible risks posed by an employee's use of alcohol and controlled substances. In
accordance with the Federal Drug-Free Workplace Act, it is the City of Laurel's intent to maintain
a workplace environment free from illegal drugs.
Persons under the influence of alcohol and/or drugs pose serious, often life threatening, safety and
health risks, not only to themselves, but also to others. Employees are hereby notified that
compliance with this policy is a condition of employment. Employees who fail to comply with this
this policy may be subject to disciplinary action up to, and including, termination.
II. POLICY
The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is
prohibited on any work site and during all working hours by employees. Employees who fail to
comply with this statement may be subject to disciplinary action up to, and including, termination.
Employees shall notify their employer of any criminal drug and/or alcohol conviction for a
workplace violation within five (5) days. Appropriate disciplinary action will then be evaluated
by the City.
No employee will be allowed to perform job duties when impaired or under the influence of mind
altering drugs, illegal drugs and/or alcohol during working hours. An employee’s refusal to be
tested may be considered cause for dismissal.
Specific individuals subject to drug and alcohol testing shall include, but are not limited to, the
following (hereinafter “testable class”):
1. Pre-employment testing for drugs and alcohol of all employees required to have a
commercial driver's license to include any driver on Federal or State highways
2. All Transit Bus Drivers and Dispatchers
3. All Trash Collection and Disposal employees
4. All Police Officers, Dispatchers, Detectives, Sergeants, and their immediate
Supervisors
5. All Fire Department and EMS employees
6. All employees that maintain and operate the sewer plant and water plant or maintain
the water/sewer lines.
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7. All employees that operate heavy machinery, including but not limited to, Maintenance
I, II and III and seasonal employees.
8. All employees required to operate safety sensitive equipment such as fork lifts, bobcats,
lawnmowers, etc., as it pertains to their job description.
9. Any employee that has a fiduciary responsibility and is able to transfer funds or sign
warrants/checks for the City.
10. Any employee that supervises any of the above class of participants
The City may test any of the prospective employees listed in the testable class as a condition of
hire. Should a pre-employment test comes back positive, the City has the right to disqualify that
person without cause.
The City may test for drugs and alcohol of all current testable employees when reasonable
suspicion exists of drug or alcohol use, as determined by two (2) trained supervisors. In addition,
the City may conduct post-accident testing for drugs and alcohol after accidents by drivers whose
performance could have contributed to the accident and for all fatal accidents, even if the driver is
not cited for a moving traffic violation.
Accidents resulting in any physical injury or City property damage in excess of $1,500 will require
immediate drug and alcohol testing for the employee(s) involved. Supervisors must immediately
take involved employee(s) to the appropriate testing facility if the accident occurs during normal
business hours. Any accidents occurring outside of normal business hours will require the
employee to receive testing.
The City may also conduct random testing for drugs and alcohol on a random unannounced basis
just before, during, or just after performance of safety sensitive functions. Random testing will be
conducted on all employees required to have a CDL.
Finally, the City may conduct return-to-duty and follow-up testing for drugs and alcohol when an
individual has violated the prohibited substance conduct standards returns to performing safety
sensitive duties. Follow-up tests are unannounced and at least six (6) tests may be conducted in
the first twelve (12) months after an individual returns to duty. Follow-up testing may be extended
for up to sixty (60) months following return to duty.
An employee's refusal to be tested may be considered cause for termination.
III. PROHIBITED SUBSTANCES
Illegal Drugs and Controlled Substances
Illegal drugs or any substances are identified in Schedules I through V of Section 202 of the
Controlled Substance Act (21 U.S.C. 812), also found in Appendix D of the Federal Motor Carrier
Safety Regulations. This includes, but is not limited to: amphetamines, opiates, phencyclid ine
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(PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug
Enforcement Administration or the U.S. Food and Drug Administration.
Legal Drugs
The appropriate use of legally prescribed drugs and non-prescription medications is not prohibited.
However, the use of any substance which carries a warning label that indicates that mental
functioning, motor skills, or judgment may be adversely affected must be reported to supervisory
personnel and medical advice must be sought, as appropriate, before performing a safety-sensitive
function. A legally prescribed drug means that an individual has a prescription or other written
approval from a physician for the use of a drug in the course of medical treatment. It must include
the patient's name, the name of the substance, dosage, and the period of authorization.
The misuse or abuse of legal drugs is prohibited.
Alcohol
The use of beverages or substances containing alcohol, including any medication such that alcohol
is present in the body, is prohibited. The concentration of alcohol is expressed in terms of grams
of alcohol per 210 liters of breath as measured by an evidential breath- testing device (EBT).
IV. PROHIBITED CONDUCT
"Prohibited Conduct" addressed by this policy includes the following:
Manufacturing, Trafficking, Possession, and Use
Any employee engaging in the manufacture, distribution, dispensing, possession, or use of
prohibited substances on company premises, in company vehicles, or while on company business
will be subject to disciplinary action up to and including termination. Law enforcement shall be
notified, as appropriate, where criminal activity is suspected.
Intoxication/Under the Influence
Any employee performing, about to perform, or having just completed performing a safety-
sensitive function, who is reasonably suspected of being intoxicated, impaired, under the influence
of a prohibited substance, or not fit for duty, shall be suspended from job duties pending an
investigation and verification of condition. Employees found to be under the influence of a
prohibited substance, who fail to pass a drug or alcohol test, shall be removed from duty and
subject to disciplinary action, up to and including termination. A breath alcohol test must be
administered by a certified breath alcohol technician with appropriated qualified Federal Register
equipment. A breath alcohol concentration of greater than .04 must be obtained to consider alcohol
in the employee's body. A drug or alcohol test is considered positive if the individual is found to
have a quantitative presence of a prohibited substance in the body above the minimum thresholds
as defined in 49 CFR Part 40; or an employee's refusal to test.
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Alcohol Use
No employee should report for duty, or remain on duty when their ability to perform assigned
functions is adversely affected by alcohol or when their blood alcohol concentration is 0.02 or
greater. No employee shall use alcohol while on duty. No employee shall have used alcohol within
four hours of reporting for duty. Violations of these provisions are prohibited and punishable by
disciplinary action up to and including termination.
Illegal Use
Illegal use includes use of any illegal drugs, misuse of legally prescribed drugs, and use of illegally
obtained prescription drugs.
V. PROGRAM COMPONENTS
A urinalysis or other drug/alcohol test may be required, at the City's expense, where circumstances
or work place conditions justify it and in conformance with applicable state law. Your consent to
submit to such a test is required as a condition of employment.
Pre-Employment Screening
A positive drug test will disqualify an applicant for employment. Pre-employment testing is
mandatory for all job positions requiring the operation of a commercial vehicle and safety sensitive
positions.
Reasonable Suspicion Testing
Reasonable suspicion determinations will be made by two managers or supervisors or a
combination thereof, who detect the signs and/or symptoms of drug and/or alcohol use and who
reasonably conclude that an employee may be adversely affected or impaired in their work
performance. If the employee is not in one of the classes of testable individuals, the employee may
be sent home and referred to a Substance Abuse Counselor.
Employees may be subject to a fitness for duty evaluation, to include appropriate urine and/or
breathe testing when there are reasons to believe that drug or alcohol use is adversely affecting job
performance. A reasonable suspicion referral for testing will be made on the basis of documented
objective facts and circumstances, which are consistent with the long or short-term effects of
substance abuse. Examples of reasonable suspicion include, but are not limited to, the following:
a. Adequate documentation of unsatisfactory work performance or on the job
behavior.
b. Physical signs and symptoms consistent with prohibited substance use.
c. Evidence of the manufacture, distribution, dispensing, possession, or use of
controlled substances, drugs, alcohol, or other prohibited substance.
d. Occurrence of a serious or potentially serious accident that may have been caused
by human error.
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e. Fights (to mean physical contact), assaults, and flagrant disregard or violations of
established safety, security, or other operating procedures.
Post-Accident Testing
Post-accident testing is required when a fatality of any person involved in the accident or when the
commercial driver (the employee) is cited for a moving traffic violation of any kind and any
involved vehicle requires towing from the scene or any person involved requires medical treatment
away from the scene of the accident. When required, the employee will be tested as soon as
possible, but not to exceed eight hours for alcohol or up to 32 hours for drug testing. An employee
involved in an accident must refrain from alcohol use for eight hours following the accident or
until they undergo a post-accident alcohol test. Any employee who leaves the scene of the accident,
without appropriate authorization prior to submission to drug and alcohol testing, will be
considered to have refused the test and subject to disciplinary action including termination.
Accidents resulting in any physical injury or City property damage in excess of $1,500 will require
immediate drug and alcohol testing for the employee(s) involved. Supervisors must immediately
take involved employee(s) to the appropriate testing facility if the accident occurs during normal
business hours. Any accidents occurring outside of normal business hours will require the
employee to receive testing.
Annual Random Unannounced Testing for Current Employees Who Hold a CDL
The Federal Highway Administration (FHWA) of the U.S. Department of Transportation ha s
enacted 49 CFR Part 382 which mandates urine controlled substance testing and Breathalyzer
alcohol testing for commercial vehicle operators and prevents performance of safety-sensitive
functions when there is a positive test result as defined in the policy. The U.S. Department of
Transportation (DOT) has also enacted 49 CFR Part 40, as amended that sets standards for the
collection and testing of urine and breath specimens. The Montana Labor Code, Title 39, MCA,
"Workforce Drug and Alcohol Testing Act" allows for the additional testing of all employees
provided 49 CFR Part 40 rule apply. This will be done using a scientifically proven method of
selection at a rate of 50% annually for controlled substances and 10% percent annually for alcohol.
These quotas will be spread out over a minimum of four (4) unannounced selections throughout
the year.
Safety-Sensitive Function-As defined in Montana's "Work Force Drug & Alcohol Testing Act"
This includes employees who engage in the performance, supervision, or management of work in
a hazardous work environment, commercial motor carriers, employees that use industrial and
construction equipment any employee that handles safety sensitive materials, employees that are
required to have a CDL, security position, position affecting public safety, a fiduciary position that
has control over City finances or any supervisory or managerial employee that regulates a testable
class of employees. A safety-sensitive function is defined in 49 CFR Part 382.107 as any of those
on-duty functions that are set forth in 49 CFR, Part 395.2 -- On-Duty Time, paragraphs (1) through
(6). Federal Law will preempt any State Law when a contradictory substance abuse ruling is
determined.
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Testing Standards
Employees will be considered to have a positive test whenever the drug level exceeds limits
established by the Federal Guidelines as determined by a physician trained as a Medical Review
Officer in accordance with Department of Transportation regulations. (Refer to Mont. Code Ann.
§ 39-2-207(5) regarding an employee or applicant's opportunity to provide notification to a
Medical Review Officer of any medical information relevant to test results if positive.)
Return to Duty
Employees who previously tested positive on a drug or alcohol test must test negative and be
evaluated and released to duty by a Substance Abuse Professional.
Follow-up
Any employee who tested positive for drugs or alcohol will be subject to drug and/or alcohol
testing upon their return to work. Follow-up tests are unannounced and at least six (6) tests may
be conducted in the first twelve (12) months after an individual returns to duty. Follow-up testing
may be extended for up to sixty (60) months following return to duty.
Split Sample
An employee who questions the results of a required drug test may request that an additional test
be conducted. This test may be conducted at a different testing DHHS-certified laboratory. The
test must be conducted on the split sample that was provided at the same time as the original
sample. The employee pays for such testing unless the second test invalidates the original test. If
the second test invalidates the original test, the City will pay all costs.
The method of collecting, storing, and testing the split sample will be consistent with the
procedures set forth in 49 CFR Part 40. The employee's request for a re-test must be made to the
MRO within 72 hours of notice of the initial test result. Requests after 72 hours will only be
accepted if the delay was due to documented facts that were beyond the control of the employee.
VI. TESTING PROCEDURES AND CONFIDENTIALITY
The City affirms the need to protect individual dignity, privacy, and confidentiality throughout the
testing process. Information obtained through testing that is unrelated to the use of a controlled
substance or alcohol will be held in strict confidentiality by the medical review officer and may
not be released to the employer. All testing results will be held confidential to anyone except the
tested employee, the designated representative of the city and any legal/administrative position
which the incident created and accident or property damage in excess of $1,500.
Analytical urine drug testing and breathe testing for alcohol may be conducted as required by
Federal and State regulations. All applicable employees shall be subject to testing prior to
employment, randomly (unannounced basis) for reasonable suspicions, and following a
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commercial motor vehicle accident. Employees will be tested prior to and after returning to duty
following a positive drug or alcohol test.
Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and
using techniques, equipment, and laboratory facilities, which have been approved by the U.S.
Department of Health and Human Services (DHHS). All collection and testing will be conducted
consistent with the procedures put forth in 49 CFR Part 40.
All required testing will be done through urinalysis or breathalyzer testing unless the results are
positive, at which time the City may, at their discretion, require further testing.
The urine sample will be tested for cocaine, opiates, amphetamines, and phencyclidine. An initial
drug screen will be conducted on each specimen. For those specimens that are not negative, a
confirmatory gas Chromatography/Mass Spectrometry (GC/ms) test will be performed. The test
will be considered positive if the amounts present are above the minimum thresholds established
in 49 CFR Part 40.
Tests for alcohol concentration will be conducted utilizing a National Highway Traffic Safety
Administration (NHTSA)-approved evidential breath-testing device (EBT) operated by a trained
breath alcohol technician (BAT). Alcohol screening tests may be performed using a non-evidential
alcohol-screening device approved by NHTSA and operated by a screening test technician (STT).
Any positive alcohol screen will be confirmed using an EBT. Employees are subject to alcohol
testing four hours prior to work, while on call, while performing or immediately following
performance of work duties. If the initial test indicates an alcohol concentration of 0.02 or greater,
a second test will be performed to confirm the results of the initial test. An employee who has a
confirmed alcohol concentration of greater than 0.02 but less than 0.04 will be removed from duty
for a minimum of 24 hours. An alcohol concentration of 0.04 or greater will be considered a
positive alcohol test and in violation of this policy and subject to sanction up to and including
termination. A positive drug and/or alcohol test will also result in disciplinary action up to and
including termination.
ANY EMPLOYEE WHO HAS A CONFIRMED POSITIVE DRUG OR ALCOHOL TEST
(GREATER THAN 0.04) MUST BE EVALUATED BY A SUBSTANCE ABUSE
PROFESSIONAL (SAP) AND WILL BE REMOVED FROM DUTY.
Any employee who refuses to comply with a request for testing, who provides false information
in connection with a test, or who attempts to falsify test results through tampering, contamination,
altering, adulteration, or substitution shall be removed from duty immediately and subject to
disciplinary action, up to and including termination. Refusal can include an inability to provide
adequate specimen or breathe sample without a valid medical explanation as well as a verbal
declaration, obstructive behavior, or physical absence resulting in the inability to conduct the test.
Any employee who tests positive for the presence of illegal drugs or alcohol above the minimum
thresholds set forth in 49 CFR Part 40 will be evaluated by a Substance Abuse Professional (SAP).
A SAP is a licensed physical psychologist, social worker, employee assistance professional, or
addiction counselor with knowledge of any clinical experience in the diagnosis and treatment of
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alcohol related disorders. The SAP will evaluate each employee to determine what assistance, if
any, the employee needs in resolving problems associated with prohibited substance abuse or
misuse. Assistance by a SAP does not shield an employee from disciplinary action or guarantee
employment or reinstatement with the City.
If an employee is allowed to return to duty to perform safety sensitive functions, they must properly
follow the rehabilitation program prescribed by the SAP, must pass "return to duty" drug and
alcohol tests, and be subject to unannounced follow up tests for a period of up to five years. The
cost of any treatment of rehabilitation services will be paid directly by the employee or their
insurance provider. Employees will be allowed to take accumulated sick leave and vacation leave
to participate in the prescribed rehabilitation program.
When an employee receives a positive test, the employee will immediately be suspended.
Following this suspension, the City will review the employee's past record of performance.
Employees may be terminated at the discretion of the City. If the employee is admitted to, or
referred to, a patient treatment addiction program, the employee must successfully complete the
program as a condition of continued employment at the employee's own expense. Unsatisfactory
past performance will include previous positive drug and/or alcohol testing or documented
deficient behavior. In relationship to an employee that tests positive, the City, in addition to
disciplinary sanctions, may require the employee to participate in a drug or alcohol counseling
program.
The City is dedicated to assuring fair and equitable application of this substance abuse policy.
Therefore, supervisors/managers are required to apply all aspects of this policy in an unbiased and
impartial manner. Any supervisor/manager who knowingly disregards the requirements of this
policy, or who is found to deliberately misuse the policy in regard to subordinates, shall be subject
to disciplinary action, up to and including termination.
Employees may request information concerning the effects of alcohol and controlled substances
on an employee's health, work, and personal life; signs and symptoms of a problem; and
rehabilitation.
Copies of 49 CFR Part 40 and Montana's Workforce Drug & Alcohol Testing Act are available
for review from The City.
This Policy is subject to change, amendment, alterations, and revisions at the sole discretion
of the City of Laurel.
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CITY OF LAUREL SOCIAL MEDIA USE POLICY
I. PURPOSE
The City of Laurel has established a social media presence to reach a broader audience of citizens,
community members, and visitors with information about City services and events. Just as with
any written communications of the City, we seek to ensure the City's social media communication
presence is secure, that fair and open public discourse is able to occur, that these communications
are properly archived, and that the information provided to the public is accurate and correct.
The City's use of social media currently falls into three general categories:
1. Disseminating time-sensitive information as quickly as possible (for example, releasing
information related to an emergency);
2. Reaching a broad audience of citizens, community members, and visitors with information
about our services, projects, and events.
3. Gathering input on City services and events from community members, citizens, or visitors.
II. APPLICABILITY
This Policy applies to the development and ongoing use of City-owned websites, social media
channels, and intranet portals. This policy also applies when an employee, contractor, or official
uses non-City social media channels to discuss City business within the scope of their duties as a
City of Laurel employee, volunteer, contractor, or official.
III. GENERAL PROVISIONS
1. An employee, volunteer, department, board, or committee may not create a social media
channel on behalf of the City without the authorization and assistance of the City and
following all aspects of this Policy.
2. Unless otherwise approved by the City, the City shall be the sole entity authorized to
construct and maintain the technical aspects (i.e., channel name, Laurel.mt.gov (or other
related) associations, permissions, assigned administrators, etc.) of all social media
channels.
3. Departments, boards, and committees must inform the City of its interest in any new social
media channels or changes to existing channels prior to the City creating a new channel or
modifying an existing channel. All new social media tools, such as a new social media
channel, platform, or software application proposed for a City employee, volunteer,
department, board, or committee use must be approved by the City.
4. Daily management of content on a social media site shall be the responsibility of the
employee, department, board, or committee authorized to manage a social media site.
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5. Department Heads are responsible for ensuring all social media use by their departments
complies with this Policy.
6. City boards and committees are responsible for ensuring all social media use by their
members complies with this Policy. A City board or committee desiring to use social media
must do so in conformance with established rules of procedures and the decision to use
social media must be entered into the minutes. Boards and committees are expected to take
special care to ensure that open meeting laws are not violated through the use of discourse
on social media channels.
7. A social media channel shall not be used for internal department work product. Doing so
subjects the City to unnecessary risk of loss of information, inaccessibility to work product
for other employees, and failed back-ups.
IV. STANDARDS OF CONDUCT
1. Employees, volunteers, contractors, officials, and others authorized to maintain content on
a City-owned or sponsored social media site must conform to the following standards of
conduct:
Citizen and customer protection and respect are paramount.
We will use every effort to keep interactions factual and accurate.
We will strive for transparency, accuracy, and openness in all social media
interactions.
We will provide links to credible sources of information to support our interactions,
when possible.
We will publicly correct any information we have communicated that is later found
to be in error.
We will protect privacy and permissions and will not collect personal information
posted by individuals without a compelling reason.
2. All City employees, volunteers, contractors, officials and others understand that the lines
between public and private and between personal and professional are often blurred. By
identifying yourself as City personnel, you are creating perceptions about your expertise
and about the City by stakeholders, customers, business partners and the public. You must
ensure all content is consistent with the City's core values and professional and ethical
standards.
3. All social media content must comply with all applicable City policies and standards, as
well as all laws governing privacy, trade secrets, and other confidential information;
Unlawful Use of a Computer, Mont. Code Ann. § 45-6-311; the Montana Criminal Justice
Information Act; City Personnel Policy Manual; and Federal copyright laws, federal and
Montana trademark and service mark laws.
4. To ensure against copyright infringement: a) use only City-owned photos, videos, and other
images, unless you have received permission from the owner; b) assume that visual content
you find online is protected by copyright, and do not post it to social media; c) the City
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may have a license to use visual content the City does not own — for example, certain
visual content created by a consultant or other third party. Be sure to abide by any and all
copyright license requirements, including attribution; and d) if you are uncertain about
whether the City owns certain visual content or has a license to use it, please contact the
the City Attorney's Office.
5. No employee, volunteer, official, board, or committee may disclose confidential,
proprietary, or other information protected by law from disclosure. No employee,
volunteer, official, board, or committee is permitted, without legal authority, to disclose
confidential information concerning personnel, property, government, or affairs of the
City. Confidential information is defined as any information which is not available to the
general public and which is obtained only by reason of an individual’s position with the
City.
6. No employee, volunteer, official, board, or committee may use confidential information to
advance their own financial or personal interest or the financial or personal interests of any
other person.
7. Any employee, volunteer, official, board, or committee should use their best judgment to
first determine if information is confidential in nature. If so, they are under an obligation
to protect those confidences. If someone is in doubt as to whether information is
confidential and must be protected, they must contact the City Attorney for a determination
of whether such information can be disseminated.
This Policy is subject to change, amendment, alterations, and revisions at the sole discretion
of the City of Laurel.
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PERSONNEL POLICY
MANUAL FOR THE CITY OF
LAUREL, STATE OF
MONTANA
Effective Date:
___________________
Adopted via Resolution No. R23-
________
City of Laurel
P.O. Box 10
115 West First Street Laurel, Montana 59044
Phone: (406) 628-7431
Fax: (406) 628-2289
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RECEIPT PAGE
It is expressly understood that the Personnel Policy Manual for the City of Laurel (hereinafter “the
City”) does not constitute a guarantee of employment or promise of any kind. The City of Laurel,
in its sole discretion, and subject to Montana and federal law or any requirements of Collective
Bargaining Agreements by and between the City and applicable bargaining employees, may direct,
hire, promote, transfer, assign, and retain employees; supervise, discipline, and relieve employees
from their job duties; determine and change hours of work, shifts, and methods of operation;
establish, change, or abolish its policies, practices, rules and regulations.
It is understood that this Personnel Policy Manual is issued to inform employees regarding the
operating policies of the City of Laurel, as they may be amended from time to time, by
recommendation of the City of Laurel Mayor/CAO and approval of the City of Laurel City
Council. The Personnel Policy Manual may be changed from time to time at the sole discretion of
the City of Laurel and is to be used as a guide to City of Laurel employees in the performance of
their duties. As matters evolve within the City of Laurel, additional Exhibits, Amendments, and
changes to this Personnel Manual may be made, and if approved by the Mayor/CAO and City
Council, will be considered fully binding upon all employees of the City of Laurel, including
anyone acting in a Volunteer capacity, where relevant.
Violations of the policies set forth in this Personnel Policy Manual may result in disciplinary
action, up to and including termination from employment.
If you are a volunteer that receives any sort of compensation, stipend(s), pay, and/or benefits from
the City of Laurel (specifically, with EMS Services and/or the Fire Department), please be advised
that, unless otherwise stated herein, the terms and conditions, rights and responsibilities, and
policies contained within this Personnel Policy Manual equally apply to you, as a volunteer.
As used herein, “employee” is a term of reference that encompasses both employees and
volunteers, whether exempt, non-exempt, full-time, part-time, stipend (or otherwise receiving
compensation or benefits from the City of Laurel), bargaining, or non-bargaining.
By signing this statement, the employee acknowledges that the City of Laurel Personnel Policy
Manual has been received and read and that the employee understands the policies contained
herein.
Signed:
Employee: ___________________________________
Printed Name: ___________________________________
Date: ___________________________________
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Attest:
Supervisor: ___________________________________
Printed Name: ___________________________________
Date: ___________________________________
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TABLE OF CONTENTS
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Welcome
The City of Laurel welcomes you and wants you to know what to expect from the City and what
the City expects from you. Working for the City is not like any other job. Each of us is obligated
to the principle of prompt, courteous, efficient, nondiscriminatory, and quality service to our
citizens. We expect all of our employees to act in a professional manner in all aspects of
employment, whether dealing with the public or your fellow employees. As a City employee, in
effect, you are a public relations person for the City and represent the quality of the City and its
employees.
Employees are expected to conduct their job functions in a professional, businesslike manner with
minimal interference by other staff members (except Supervisors/Department Heads/Mayor/other
City leadership personnel) or visitors. Employee attention to responsibilities and work products
should be constant, consistent, efficient, and productive. Personal interference or distractions
should be kept to a minimum.
If you are a Volunteer that receives any sort of compensation, stipend(s), pay, and/or benefits from
the City of Laurel (specifically, with EMS Services and/or the Fire Department), please be advised
that, unless otherwise stated herein, the terms and conditions, rights and responsibilities, and
policies contained within this Personnel Policy Manual equally apply to you, as a Volunteer.
You should convey friendliness and cooperation to the public in all conversations. Listen carefully
to citizens' requests, answer questions carefully and accurately, or refer them to the appropriate
department or official. There is no substitute for a friendly and cooperative employee in giving the
public trust and satisfaction that we are representing the City to the best of our abilities.
This Personnel Policy Manual is presented as a matter of information only and nothing contained
in this Personnel Policy Manual shall be construed as an agreement or contract of employment
between the City of Laurel and any one or all of its employees. While this Personnel Policy Manual
describes the current policies and benefits of the City of Laurel, these policies are not conditions
of employment nor do they create any vested rights for City employees. These policies may be
changed, at the sole discretion of the City of Laurel, in its managerial rights, according to law.
This Personnel Policy Manual cannot cover all employment situations, scenarios, or questions, but
it is designed to cover the basic rules. Policies and rules contained within the manual will be added,
updated, or deleted as determined by the City of Laurel. If, after reviewing this general Statement
of Policy, you have additional questions, contact your Department Head , myself, or the City
Attorney for assistance.
We are proud of the reputation and success of the City. It is our belief that these accomplishments
are the result of dedication, hard work, and good communication.
We hope that you will find your employment with the City of Laurel rewarding.
MAYOR OF THE CITY OF LAUREL
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GENERAL PROVISIONS
Purpose of Personnel Policy Manual
The purpose of this Personnel Policy Manual is to provide you with a summary of the rules,
regulations, standards of employment, and available benefits pertaining to your work assignments
and work activity as an employee of the City of Laurel. Please read the contents carefully. This
Personnel Policy Manual supersedes any and all previous documents pertaining to rules and
regulations at the City of Laurel. During the course of your employment, the City encourages you
to refer back to it when you have a question.
This Personnel Policy Manual is further intended to help you feel comfortable in your job and
assist you in finding satisfaction in your job performance. Should you have any problem or concern
relating to any action or situation affecting your work assignments or work conditions, please feel
free to communicate your concerns. The Problem Resolution Procedure presented in this Personnel
Policy Manual is for the express purpose of helping you find a satisfactory resolution to any and
all problems.
This Personnel Policy Manual contains the rules and regulations for your employment relationship
with the City. The Personnel Policy Manual is not intended to create any contractual rights in favor
of you or the City.
The specific rules, regulations, standards of employment, and available benefits pertaining to your
work assignments and work activity at the City are summarized in the Personnel Policy Manual.
Your compensation and duties will be governed by your assigned job position and/or job
description.
We hope you find your work satisfying and rewarding. We look forward to a successful
employment relationship.
Right to Revise
This Personnel Policy Manual contains the employment policies and practices of the City in effect
at the time of publication. All previously issued Personnel Policy Manuals and any inconsistent
policy statements or memoranda are superseded.
The City reserves the right to revise, modify, delete, clarify, or add to any and all policies,
procedures, work rules, or benefits stated in this Personnel Policy Manual or in any other
document. However, any such changes must be in writing and must be signed by an authorized
representative of the City.
Any written changes to this Personnel Policy Manual will be distributed to all employees so that
the employees will be aware of the new policies or procedures. No oral statements or
representations can in any way alter the provisions of this Personnel Policy Manual.
This Personnel Policy Manual sets forth the entire agreement between you and the City for the
duration of employment and the circumstances under which employment may be terminated.
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Nothing in this Personnel Policy Manual or in any other personnel document, including benefit
plan descriptions, creates or is intended to create a promise or representation of continued
employment for any employee.
Severability
If any part of this Handbook is found to be unenforceable, or to violate State or Federal law, the
balance of the Handbook shall remain in effect.
Authority/Applicability
The City of Laurel City Charter requires the City’s personnel system to be consistent with
applicable federal and state law and that all appointments and promotions of City officers and
employees be made solely on the basis of merit and qualifications demonstrated by a valid and
reliable examination or other evidence of competence.
In addition, the Charter provides the City Mayor with the authority to appoint and suspend or
remove all City employees, except as otherwise provided by law, the Charter, or the Laurel
Municipal Code, and to adopt personnel rules. The Charter also requires the City Mayor to direct
and supervise the administration of all departments, offices, and agencies, except as otherwise
provided by law, the Charter, or the Laurel Municipal Code.
The Charter prohibits the use of public office for private gain.
This Handbook applies to all employees of the City including employees of the Laurel Public
Library, the Laurel City Court, the Laurel Fire Department, the Laurel EMS Department, the
Laurel Police Department, the Laurel Public Works Department, the Laurel Planning Department,
the Laurel Clerk-Treasurer’s Office, the Laurel City Attorney’s Office, and other City
Departments. Certain procedures and policies may vary for employees with the Public Library or
other Departments, including the City Attorney’s Office. In addition, certain procedures and
policies may vary, depending upon Collective Bargaining Agreements.
Delegation of Authority
The City Mayor is responsible for the direction and supervision of all City employees. The City
Mayor may in turn authorize any administrative officer subject to the Mayor's direction and
supervision to exercise the City Mayor’s powers with respect to subordinates in that officer's
department, office, or agency. This may include the authority to appoint, hire, discipline, and
terminate employees.
The City Mayor has authorized department directors to delegate the authority to issue discipline,
up to and including the issuance of written reprimands to their subordinate supervisors and
employees. Those delegated authority to issue written reprimands may also require corrective
action, including issuing performance improvement plans and disciplinary probation and
termination. The City Mayor must authorize such delegation in writing. This delegation of
authority does not abrogate the City Mayor’s authority to exercise his/her authority to appoint,
suspend, or remove employees. The City Mayor may withhold any or all of this authority from a
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Department Head. Either the City Mayor or a Department Head may withhold this authority from
the Department Head’s subordinate.
The City Attorney must be consulted prior to the issuance of any disciplinary action, other than
verbal counseling. Failure to consult with the City Attorney does not invalidate or void a
disciplinary action. Department Heads must be notified in advance of any action regarding
appointment, suspension, or removal taken by a properly authorized supervisor within their
department.
Employment Policy Amendment Process
From time to time, the City reviews its policies and procedures and makes revisions based on the
need for or desirability of changes. In doing so, the City reserves the right to amend, alter, delete,
and add policies, with or without notice. In addition, the City remains free to decide in all cases
how to apply the policies expressed herein to any particular set of circumstances.
Employee Work Product and Records
Employees are required to maintain official documents, work product, and other material
associated with the effective completion of their daily work. Electronic, hard copy documents, and
other material must be maintained in accordance with professional standards as directed by each
department. All files and documents, including electronic documents, must be maintained in a
manner that is consistent with the City’s record retention policies and Montana law applicable to
public employees. Work product and materials created or developed by an employee in the course
and scope of their employment are property of the City and should be accessible as such at all
times.
City Officers/Department Heads
City Officers and Department Heads are set forth by Montana law and the Laurel Municipal Code.
Employees are encouraged to review the organization, and understand the relationship of their
position to the overall organization of the City.
Collective Bargaining Agreements
The City has entered into two agreements with collective bargaining units representing employees.
Employees will be advised of their collective bargaining unit upon entry to employment and will
be provided with a copy of the current collective bargaining agreement.
The provisions of the City Personnel Policy Manual shall apply to all employees except in cases
where these policies conflict with applicable Collective Bargaining Agreements duly agreed upon
by authorized employee organizations. Where there is a conflict, the applicable Collective
Bargaining Agreement shall apply to those represented employees only. Employees covered by
such Collective Bargaining Agreements are not entitled to benefits or rights listed in the City
Personnel Policy Manual where not specifically granted by the applicable Collective Bargaining
Agreement. Employees subject to Collective Bargaining Agreements shall hereinafter be referred
to as “bargaining employees.”
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Union Activity During Work Hours
Union activity during working hours is restricted to that allowable under State and Federal laws
and/or the appropriate bargaining unit agreement.
Volunteers
If you are a volunteer that receives any sort of compensation, stipend(s), pay, and/or benefits from
the City of Laurel (specifically, with EMS Services and/or the Fire Department), please be advised
that, unless otherwise stated herein, the terms and conditions, rights and responsibilities, and
policies contained within this Personnel Policy Manual equally apply to you, as a volunteer.
As used herein, “Employee” is a term of reference that encompasses both employees and
volunteers.
Probationary Employment Period
When the City of Laurel hires a new employee, the first one year of employment is a period called
the Probationary Employment Period. During this time, you are able to learn about your job and
your new surroundings.
During the first one year of employment time period, your job performance, attendance, attitude
and overall interest in your job will be observed by your supervisor. During this period, you may
not be eligible for most benefits. Throughout the Probationary Employment Period, the City will
be assessing your selection as an employee. Employees who fail to demonstrate the commitment,
performance, and attitude expected by the City may be terminated at any time during the
Probationary Employment Period, without any reason given for termination.
Equal Employment Opportunity Employer (EEO)
Objective
The City is an equal opportunity employer. In accordance with anti -discrimination laws, it is the
purpose of this policy to effectuate these principles and mandates. The City prohibits
discrimination and harassment of any type and affords equal employment opportunities to
employees and applicants without regard to race, color, religion, sex, sexual orientation, gender
identity or expression, pregnancy, age, national origin, disability status, genetic information,
protected veteran status, or any other characteristic protected by law. The City conforms to the
spirit, as well as to the letter of, all applicable laws and regulations.
Scope
The policy of equal employment opportunity (EEO) and anti-discrimination applies to all aspects
of the relationship between the City and its employees, including:
Recruitment.
Employment.
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Promotion.
Transfer.
Training.
Working conditions.
Wages and salary administration.
Employee benefits and application of policies.
The policies and principles of EEO also apply to the selection and treatment of independent
contractors, personnel working on our premises who are employed by temporary agencies and any
other persons or firms doing business for or with the City.
Dissemination and Implementation of Policy
The management of the City will be responsible for the dissemination of this policy. All
supervisors are responsible for implementing equal employment practices within each department.
The City Attorney, the Mayor, and the Clerk-Treasurer is responsible for overall compliance and
will maintain personnel records in compliance with applicable laws and regulations.
Procedures
The City administers our EEO policy fairly and consistently by:
Posting all required notices regarding employee rights under EEO laws in areas highly
visible to employees.
Advertising for job openings with the statement "We are an equal opportunity employer,
and all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, sexual orientation, gender identity or expression, pregnancy, age,
national origin, disability status, genetic information, protected veteran status, or any
other characteristic protected by law."
Posting all required job openings with the appropriate agencies.
Forbidding retaliation against any individual who files a charge of discrimination, opposes
a practice believed to be unlawful discrimination, reports harassment, or assists, testifies,
or participates in an EEO agency proceeding.
Requires employees to report to a member of management, an HR representative, or the
City Attorney any apparent discrimination or harassment. The report should be made
within 48 hours of the incident.
Promptly notifies the City Attorney of all incidents or reports of discrimination or
harassment and takes other appropriate measures to resolve the situation.
Remedies
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Violations of this policy, regardless of whether an actual law has been violated, will not be
tolerated. The City will promptly, thoroughly, and fairly investigate ev ery issue that is brought to
its attention in this area and will take disciplinary action, when appropriate, up to and including
termination of employment.
Non-Discrimination in Employment
The City of Laurel complies with Federal and State laws regarding non-discrimination in
employment. Applicants for employment are considered for employment and employees shall hold
their employment without discrimination because of their race, color, political beliefs,
veteran/military status, religion, national origin, age, sex, disability/handicap, genetic information,
sexual orientation or marital status as required by law, except when reasonable business demands
so require and the law requires such distinction. In no event shall the hiring of any employee be
considered as creating a contractual agreement or specified time period of employment, except as
otherwise contemplated by Federal or State laws.
The City is committed to compliance with all applicable laws providing equal employment
opportunities. This commitment applies to all persons involved in the operation of the City and
prohibits unlawful discrimination by any employee of the City, including supervisors and co-
workers, all Volunteers of the City, and any independent contractors utilized by the City.
Harassment / Sexual Harassment
The City of Laurel is committed to providing a work environment free of harassment. Commitment
towards or involvement in any act of unlawful harassment of another individual will not be
tolerated. All forms of harassment, including any degrading work assignment(s), word(s), or
action(s), toward an individual based upon that individual's race, color, religion, sex, sexual
orientation, age, national origin, genetic information and marital status are prohibited.
It is specifically emphasized that sexual harassment in any form is expressly prohibited. Conduct
of any kind that is perceived to be sexual harassment by a supervisor or employee will not be
tolerated.
Sexual harassment conduct includes, but is not limited to: explicitly or implicitly subjecting an
employee to sexual advances as a condition of the employee's employment, evaluation, salary,
advancement, assigned duties, shifts, or any other condition of employment; sexual flirtations,
touching, advances, or proposition; the development of a perceived flirtatious personal relationship
between two employees where one employee is in a position to assign or review the work of the
other; verbal abuse of a sexual nature; graphic or suggestive comments about an individual's dress
or body; sexually degrading words to describe an individual; the display in the work place of
sexually suggestive objects or pictures, including nude photographs; and/or any unwelcome
conduct which unreasonably interferes with the employee's job performance or creates a hostile or
offensive work environment. Any employee who engages in the conduct of harassment will be
subject to discipline and/or termination.
Prohibited unlawful harassment includes, but is not limited to, the following behavior:
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Verbal conduct such as epithets, derogatory jokes or comments, slurs or unwanted sexual
advances, invitations, or comments;
Visual displays such as derogatory and/or sexually-oriented posters, photography,
cartoons, drawings or gestures;
Physical conduct including assault, unwanted touching, intentionally blocking normal
movement or interfering with work because of sex, race, or any other protected basis;
Threats and demands to submit to sexual requests as a condition of continued employment,
or to avoid some other loss, and offers of employment benefits in return for sexual favors;
and
Retaliation for reporting or threatening to report harassment.
Reporting an Act of Harassment
You are requested and strongly urged to immediately report to your supervisor, the Mayor, or the
City Attorney any act of harassment. All complaints of harassment will be treated seriously and
employee confidentiality will be respected. The City prohibits retaliation against any individual
who reports discrimination or harassment or participates in an investigation of such reports.
Retaliation against an individual for reporting harassment or discrimination or for participating in
an investigation of a claim of harassment or discrimination is a serious violation of this policy and,
like harassment or discrimination itself, will be subject to disciplinary action or termination of
employment.
Sexual harassment, discrimination, retaliation and other inappropriate behavior cannot and will
not be tolerated under any circumstances. The only way we can stop such behavior in the
workplace is to bring it out in the open by communication and total employee/employer
commitment.
Remember that City management cannot correct any situation that is of concern to you unless it
knows about it. In this regard, your cooperation is needed and appreciated.
At any time, you are encouraged to immediately contact the Mayor or the City Attorney to report
any alleged acts of harassment or discrimination. This information will be held confidenti al,
except to the extent needed to report to City Administration, unless you agree that this information
can be divulged in a non-confidential manner.
You also should be aware that the Federal Equal Employment Opportunity Commission and
various state agencies investigate and prosecute complaints of prohibited harassment in
employment. If you think you have been harassed or that you have been retaliated against for
resisting or complaining based upon a protected class status, you may file a complaint with the
appropriate agency.
The Americans with Disabilities Act (ADA)
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The City is committed to providing equal opportunity and reasonable accommodations to
employees with disabilities. the City complies with the Americans with Disabilities Act and all
other applicable federal, state, and local laws regarding disability discrimination and
accommodation.
Reasonable accommodations are available for the known physical or mental limitations of
qualified employees with disabilities. An employee is qualified if they can perform essential job
functions with or without reasonable accommodation.
For purposes of this policy, a disability is any physical or mental impairment that substantially
limits a major life activity.
A reasonable accommodation is a modification or adjustment of an employee's job or work
environment that enables that employee to perform essential job functions or enjoy the same
employment benefits and privileges as similarly situated employees without disabilities. Examples
of reasonable accommodations include: modifying a workspace to make it wheelchair accessible,
providing screen reading software, or adjusting an employee's work schedule to accommodate
medical appointments. The City does not provide accommodations of a personal nature, such as
eyeglasses or hearing aids.
The City is committed to providing accommodations so long as accommodations do not place an
undue hardship on business operations or pose a threat to the health or safety of employees in the
workplace.
Accommodation Process
The City will actively engage in an interactive process with employees who request
accommodations to determine what, if any, accommodation can be provided. The City aims to
process requests for accommodations in a prompt and efficient manner.
Employees can request accommodations by contacting their immediate supervisor or the City
Attorney. Employees can contact the City Attorney by phone, by email, or in person.
Employees who request accommodations will be asked to complete a Disability Accommodation
Request Form and have a physician complete an Accommodation Medical Certification Form.
Once the City receives accommodation documentation, the City makes an initial determination
about the employee's eligibility for accommodations. The City can request additional medical
information or have an employee's medical information reviewed by a medical expert to make this
initial determination. In addition, the City can ask employees to provide information about their
educational qualifications and work experience if their reassignment to another position is
considered as an accommodation.
If the City finds that an employee is eligible for an accommodation, the City notifies the employee's
supervisor. The City works with the employee's supervisor to examine the essential functions of
the employee's job and find what, if any, accommodation can be provided. Determinations
regarding accommodations are made jointly by the City and the employee's supervisors. Such
determinations are made on a case-by-case basis.
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Employees who are denied accommodations are notified of the denial and the basis for the denial.
Employees can appeal accommodation determination rulings.
Accommodations are reviewed annually. As part of the review, employees can be asked to provide
updated medical information to demonstrate that the need for accommodations is ongoing.
Employees who have questions about the accommodation process should contact the City
Attorney.
Confidentiality
All information obtained by the City concerning medical conditions or history of employees,
including genetic information, is maintained in separate medical files and treated as confidential
records that are disclosed only as permitted by law. The City Attorney, HR representatives, and
supervisors who have knowledge of employees’ medical information are prohibited from sharing
such information unless others need to be informed.
Anti-Retaliation
Retaliation for requesting an accommodation is prohibited.
Family and Medical Leave Act (FMLA)
Eligibility
All full-and part-time employees who have been employed by the City for at least twelve months,
not necessarily consecutively, and have worked a minimum of 1,250 hours during the immediately
preceding twelve months are eligible for a leave of absence under this policy.
Policy Statement
In accordance with the Family and Medical Leave Act of 1993 (FMLA), the City will grant eligible
employees up to twelve weeks of unpaid leave during a twelve-month period for any of the
following reasons: (1) to care for the employee’s child within one year of birth, adoption, or the
initiation of foster care; (2) to care for a child, spouse, or parent with a serious health condition;
(3) because the employee’s own serious health condition makes the employee unable to perform
his or her job; or (4) because of any qualifying exigency arising out of the fact that the employee’s
spouse, son, daughter or parent is a covered military member on active duty (or has been notified
of an impending call or order to active duty) in support of a contingency operation. T he City will
grant up to 26 weeks of FMLA leave during a single 12-month period to an employee to care for
a family member or next of kin who is a covered service member with a serious injury or illness.
Upon the completion of FMLA leave, an employee generally will be reinstated to the position that
the employee held when the leave commenced, or to an equivalent position with equivalent pay,
benefits, and other terms and conditions of employment.
Scheduling of Leave
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a. Except for care of a covered service member as provided below, eligible employees may
take a maximum of twelve weeks of leave during a twelve-month period. In all cases, the
twelve month period shall be measured from the date the employee’s first FMLA leave
begins.
b. Family leave, i.e., leave for childbirth, adoption, or foster care must be taken and completed
within one year of the birth, adoption, or the initiation of foster care. Such leave ordinarily
must be taken all at once unless the employee’s supervisor agrees to an alternative leave
arrangement that satisfies the operational needs of the City.
c. Medical leave, i.e., leave for the serious health condition of an employee (including
disability in connection with pregnancy or childbirth) or an employee’s spouse, parent, son
or daughter, may be taken whenever medically necessary. Depending on the circumstances,
medical leave may be taken all at once, intermittently, or on a reduced work basis.
However, if the employee’s need for intermittent leave or leave on a reduced basis is
foreseeable based on planned medical treatment, the employee must make a reasonable
effort to schedule the treatment in a way that will minimize disruptions to the City’s
operations. The City may, with justifiable cause, ask an employee to modify his or her
treatment schedule in order to better accommodate the City’s needs.
d. Leave for covered service members. Leave to care for a covered service member who has
a serious injury or illness is a one-time leave of up to 26 weeks in a single 12-month period.
Employee Notice Requirements
If an employee’s need for FMLA leave is foreseeable, the employee must provide his or her
supervisor or the City Attorney with at least thirty days advance written notice before the leave
can begin, or as much notice as is practicable under the circumstances. Such notice should include
the employee’s reason for requesting leave as well as its anticipated timing and duration.
If an employee’s need for FMLA leave, or its approximate timing, is not foreseeable, the employee
is expected to give his or her supervisor or the City Attorney notice as soon as possible under the
circumstances. Ordinarily, such notice means complying with the City’s usual policy for calling
in at or before the start of the workday or at the latest one working day after th e employee learns
of the need for the leave.
Employer Notice Requirements
Employees will be provided detailed notice at the time they request FMLA leave, which explains
their rights to FMLA leave, their eligibility for leave, and specifies the expectations and obligations
of the employee during FMLA leave and the consequences of any failure to meet these obligations.
Medical Certification Requirements
Any employee requesting a medical leave, either to care for a sick relative or because of the
employee’s own serious health condition, may be required to provide a doctor’s statement
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supporting the employee’s need for leave within fifteen days after requesting leave. Employees
should contact the City Attorney as soon as their need for a medical leave is determined.
A doctor’s statement may be required to be submitted monthly while an employee is on medical
leave in order to certify the employee’s continuing need for leave. A doctor’s statement also may
be required if an employee requests an extension of leave, or if there is a significant change in
circumstances related to the employee’s need for leave.
As a condition of returning to work, an employee who has been on medical leave is required to
present a doctor’s statement certifying that the employee is well enough to resume work. A medical
certification also is required in any case where an employee on FMLA leave represents that he or
she is unable to return to work for medical reasons.
The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other
entities from requesting genetic information of employees or their family members. In order to
comply with this law, employees should not provide any genetic information or information about
their family medical history when responding to a request for medical information to support a
request for FMLA leave. “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 an embryo
lawfully held by an individual or family member receiving assistive reproductive services.
Status of Compensation and Benefits while on FMLA Leave
Most FMLA leave will be without pay except when an eligible employee uses accrued vacation
time, sick time, or qualifies for STD payments. To the extent FMLA leave also qualifies as a leave
under the City’s parental leave policy (i.e., at the birth, adoption or foster placement of a child),
the leave will be paid under the terms of the City’s STD policy, or the City will provide employees
with two weeks of paid parental leave.
The City will maintain an employee’s health insurance coverage for the duration of the employee’s
FMLA leave as though the employee were continuously employed. The City will continue to pay
its portion of the employee’s health insurance premiums provided that the employee pays his or
her contributory portion on a timely basis. Employees requesting leave should contact the Clerk-
Treasurer to arrange an acceptable payment schedule.
The City will maintain and pay its portion of the premiums during FMLA le ave for life and
disability insurance.
Employees will not accrue vacation during any periods of FMLA leave. However, such leave
periods will be treated as continued service for the purpose of calculating pension and retirement
plan vesting and eligibility.
In the event an employee fails to return to work after an unpaid family or medical leave is
exhausted or expires, the City is entitled to recover health or other insurance premiums paid by the
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City during the leave period unless the reason the employee’s failure to return is because of: 1) the
continuation, recurrence, or onset of a serious health condition; or 2) other circumstances beyond
the employee’s control.
Return to Work
An employee on FMLA leave is expected to report periodically to the employee’s supervisor on
his/her or status and intent to return to work and those on leave for a serious health condition will
be required to provide medical certification of their ability to return to work.
The City will make every effort to restore all employees on leave to their original or equivalent
positions with equivalent pay, benefits, and other employment terms. However, it may be
necessary to deny restoration to certain highly compensated “key employees” in order to avoid
substantial and grievous economic injury to the City’s operations. The Department Head or the
City Attorney will notify any employee who qualifies as a “key employee” and thus might be
denied restoration, as soon as possible after the employee requests leave.
Enforcement
Employees may file a claim with the Wage and Hour Division of the Department of Labor or bring
a private lawsuit in court in order to enforce their rights under the FMLA. Information is available
at www.wagehour.dol.gov.
Conflict Resolution Policy
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
Purpose
This conflict resolution policy establishes a process for all employees to seek resolution of work -
related problems including, but not limited to, disagreements among employees, workplace issues,
violations of City policies and procedures, and claims of harassment or discrimination. This policy
does not apply to involuntary dismissal, reduction in force, or other matters of employment status
or disciplinary action unless there is documented evidence that any such action is in violation of
written City policies or procedures or applicable state or federal law.
Conflict Resolution Procedure
The City encourages employees to use the conflict resolution procedure to settle differences with
their co-workers. The conflict resolution procedure applies to issues that are not covered under the
provisions of Title VII of the Civil Rights Act of 1964 (Title VII). Issues that fall under Title VII
should be addressed immediately and resolved through this policy’s Grievance Procedure.
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To pursue resolution of workplace issues with co-workers, reporting employees should follow the
steps below. If either the reporting or responding employee becomes uncomfortable at any time
during the process, they may seek immediate assistance from the City Attorney or their direct
supervisor to arrange resolution.
1. Arrange a discussion with the co-worker with whom they have a conflict.
2. If the issue is unresolved after Step 1, the reporting employee should bring their concerns
to their direct supervisor. The reporting and responding employees and their supervisor(s)
will meet within five (5) working days. The intent of this meeting is to find a resolution
that is mutually satisfactory to the employees involved in the initial conflict. The supervisor
will respond in writing to all involved employees within five (5) working days of the
meeting. The response will include a summary of the conflict as understood by the
supervisor and a preliminary determination. If the complaint involves employees that work
under the direction of different supervisors, the supervisors will convene and jointly
prepare a written response that includes their understanding of the conflict in question and
a proposed outcome.
3. If the discussion with the immediate supervisor does not resolve the problem to the mutual
satisfaction of the reporting employee and the supervisor, or if the supervisor does not
respond to the complaint, the reporting employee should submit a written complaint to the
second-level supervisor in their chain of command. The second-level supervisor receiving
the complaint must forward a copy to the City Attorney within five (5) working days of the
response from the supervisor. The second-level supervisor’s submission should include:
o A description of the issue, including the date the related incident occurred;
o Suggestions on ways to resolve the problem;
o The date when the reporting employee met with their immediate supervisor; and
o A copy of the immediate supervisor’s written response or a summary of their verbal
response. If the supervisor provided no response, their non-response should be
noted in the complaint.
Within five (5) working days of receiving the reporting employee’s complaint, the second-
level supervisor must schedule a meeting with the reporting employee to discuss the
complaint. Within five (5) working days of the discussion, the second-level supervisor
should issue a written and oral decision to the reporting employee. This decision must be
reviewed by the City Attorney prior to the second-level supervisor’s meeting with the
employee.
4. If either the reporting or responding employee is dissatisfied with the proposed outcome or
if the supervisors cannot agree on a proposed outcome, the supervisor(s) shall consult with
the City Attorney and the Mayor/Chief Administrative Officer who will make the final
determination regarding a resolution.
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5. If a reporting employee feels that the outcome of the conflict resolution procedure has not
resolved the issue, they may seek resolution via the Grievance Procedure below.
Grievance Procedure
Employees should use the grievance procedure to address claims related to violations of City
policies and procedures or unlawful harassment.
To address claims of sexual misconduct or discrimination, employees must state their intent to
grieve in writing to the City Attorney within ten (10) working days of the incident. The statement
and accompanying documentation will be examined, and a determination will be made as to
whether the established grievance procedure is appropriate.
Employees who feel that the written conditions of employment or published regulations, policies,
or procedures were inequitably applied in an impending disciplinary action, up to and including
termination, must state their intent to grieve in writing to the City Attorney within ten (10) working
days of receipt of the written notice of disciplinary action or dismissal. The request will be
examined, and a determination will be made as to whether the established grievance procedure is
appropriate.
In the case of a serious violation of conditions of employment or a major infraction of regulations,
policies, or procedures, such as gross misconduct, the action to terminate an employee’s service is
final. The employee can only appeal on the grounds that the gross misconduct did not occur, not
that they were terminated for their actions.
A grievance must be presented within the time frame shown in the first step of this procedure. Any
failure to appropriately and timely submit a grievance may bar an employee’s claims.
Reporting employees must demonstrate by clear and convincing evidence that their complaint is
not arbitrary or capricious.
The grievance procedure is as follows:
1. Documentation Submitted – Employees should begin the grievance process by submitting
their Grievance to the City Attorney. Employees must provide a specific statement of the
grievance and indicate what solution or remedy they expect. Any documentation that
relates to the substance of the grievance or facilitates its understanding should be attached
to the grievance submission.
2. Grievance Review – The City Attorney will review the documentation and schedule a
meeting with the employee within five (5) working days of receipt. The City Attorney will
also notify the appropriate supervisor of the filed complaint. After a complete and thorough
review, the City Attorney will determine if an investigation is required. An investigation
may require interviewing witnesses; the City Attorney will strive to complete
investigations within thirty (30) working days. The City Attorney will inform the employee
and the appropriate supervisor of the investigation’s outcome and resolution. If the
reporting employee is not satisfied with the resolution proposed, they must notify the City
Attorney in writing within five (5) working days.
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3. Formal Review by Mayor/CAO – The Mayor/CAO will review the grievance
documentation and the City Attorney’s recommendation, conduct additional meetings with
the involved parties (if needed), and consult with the City Attorney. The Mayor/CAO will
inform the reporting employee in writing of the decision within twenty (20) working days
of receipt of the employee’s grievance from the City Attorney.
Prohibition on Providing False Information
The City places great importance on the integrity of its policies and procedures. False complaints
can cause irreparable harm to the City, regardless of the outcome of an investigation. Accordingly,
any employee who knowingly files a false report or complaint, knowingly provides false
information, or intentionally misleads City officials will be subject to disciplinary action.
Prohibition on Retaliation
The City adheres to Equal Employment Opportunity Commission guidelines and will not harass,
take adverse employment action, or retaliate in any manner against any employee reporting in
good faith a concern about unlawful or inappropriate actions or misconduct.
Confidentiality
The City will make every reasonable effort to protect the confidentiality of information received
in connection with matters of employee conflict and grievances. Information related to these
matters will be shared on a need-to-know basis only. Appropriate City Staff will, however, share
information, as appropriate and necessary, in order to address and resolve the concerns at issue
and prevent the recurrence of similar situations. There may be instances where it is the City’s
ethical and legal responsibility to disclose information rega rding the circumstances related to a
specific conflict or grievance. Should this be the case, those involved will be notified prior to the
information being released.
EMPLOYMENT
Employee Classifications
Employees will be classified as full-time or part-time. Following the completion of the benefit
waiting period, employees may be eligible for employee benefits as defined by the benefit plan
policy. Part-time employees are not eligible for employee benefits. Volunteers are not eligible
for benefits, unless otherwise negotiated between the City and the volunteer(s).
New Employees
New employees will complete an informal orientation session with the Department Head,
Clerk/Treasurer and/or their designee. The employee will have the opportunity to complete
necessary employment forms required by Federal and State law, as well as payroll and withholding
information. The Department Head, Clerk/Treasurer and/or their designee will explain in general
terms the rules and expectations and provide an overview of the pay and benefit packages offered
by the City. The employee will be responsible for reading and following the policies established
within the Personnel Policy Manual.
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Full-Time Employees
Full-time employees are those who are scheduled for and do work 40 or more hours per week.
Following the completion of the Probationary Employment Period, full-time employees may be
eligible for employee benefits, subject to the existing terms and conditions of those benefits, by
and between the City and the beneficiary provider
Full-Time Contract Employees
A full-time employee whose term of employment and conditions of employment are contained in
a written Employment Contract that is negotiated by the Mayor and approved by the City Council
is subject to those terms and conditions, as contained within the written Employment Contract.
Part-Time Employees
Part-time employees are those who are scheduled for and work fewer than 40 hours per week. Part-
time employees are not eligible for benefits.
Temporary Employment
A temporary employee is one who works on a regular or irregular basis, for a specified period of
time, not to exceed twelve (12) months, and whose employment is terminated at the end of the
work period. Temporary employees do not have priority over outside applicants to regular full-
time positions, but are invited to apply for regular full-time positions as appropriate. A temporary
employee may be eligible for limited benefits after completion of the qualifying period, depending
upon the City’s policies and procedures, in place, at the time of the employee’s status change.
Short-Term Employment
A short-term employee is one who works for short periods of time, not to exceed ninety (90) days
in any continuous twelve (12) month period and is not eligible to earn leave, holiday, or group
insurance benefits. Short-term employees do not have priority over outside applicants to fill regular
full-time positions, but are invited to apply for regular full-time positions as appropriate.
Seasonal Employment
A seasonal employee is one who performs work interrupted by seasons and may be recalled
without loss of rights and benefits accrued in the previous season. A seasonal employee may be
eligible for limited benefits after completion of the qualifying period, depending upon the City’s
policies and procedures, in place, at the time of the employee’s status change..
Contract for Service
Contract for Service involves those who work for the City pursuant to an employment contract or
on an independent contract basis. Work assignments, responsibilities, and payment are all
identified in the contract. Independent Contractors are not considered employees of the City of
Laurel and receive no employee benefits and may be required to demonstrate independent
contractor registration and proof of insurance, including liability, unemployment, and workers'
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compensation coverage. Independent contractors are not bound by the express terms of the
policies contained herein, except to the extent applicable to contractual terms for which they have
negotiated.
Volunteers
Volunteers include those on the roster of the Laurel Fire Department and Laurel EMS as
volunteers, and shall include other volunteers, on the roster as volunteers, for any other department
of the City. Volunteers are expected to conduct themselves in accordance with the responsibilities
outlined in this Personnel Policy Manual, but they may not be entitled to the same rights and
benefits of employees employed by the City. Volunteers are expressly required to comply with
the terms and provisions of this Personnel Policy Manual, as it relates to usage of City property
and assets, social media policies and procedures, reporting of grievances and conflict resolution
issues, employee dress and appearance, and other relevant policies and procedures.
Hours of Work
The normal workday hours and workweek may vary from employee to employee. Work periods
may vary from assignment to assignment and may require overtime. Each non-exempt employee
is required to know their work schedule and be in attendance as assigned. Exempt employees are
expected to meet the requirements of their job, which may necessitate varied hours of work.
Failure to comply with the required work hours for an employment position may result in
disciplinary action, including to and up to termination of employment.
Work Schedules
Your supervisor will assign your individual work schedule. Failure to observe work schedules,
including any assigned rest and lunch periods, is not permitted. All employees are expected to be
at their desks or workstations at the start of their scheduled shifts, ready to work. Employees are
expected to work all of their scheduled hours. Leaving work for any reason during normal working
hours without permission may be considered job abandonment.
Failure to comply with this policy may result in disciplinary action, including to and up to
termination of employment.
Tardiness
Reporting to work on time is required. "On-time" is defined as being properly dressed, being at
your assigned workstation and being prepared to begin work at the start of the scheduled work
period. Anytime you are absent or late it impacts the City's operation and places an additional
burden on your coworkers. Employees are expected to report to work as scheduled, on time and
prepared to start work. Employees also are expected to remain at work for their entire work
schedule, except for meal periods or when they are required to leave on City business. Sleeping or
malingering on the job is not permissible. Late arrival, early departure, or other absences from
scheduled hours are disruptive and must be avoided.
Failure to comply with this policy may result in disciplinary action, including to and up to
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termination of employment.
Attendance / Absenteeism
Regular attendance is required. If you are unable to report for work on any particular day, you
must personally contact your supervisor prior to your scheduled shift with reasonable notice to
allow your supervisor to have someone else fill in for your job duties. In all cases of absences or
tardiness, employees must provide their supervisor with an honest reason or explanation.
Employees must also inform their supervisor of the expected duration of any late arrival and/or
absence. Failure to notify a supervisor when unable to report to work may result in disciplinary
action, up to and including termination.
If you are going to be absent for more than one day and are not on an app roved leave of absence,
you are required to contact your immediate supervisor each day prior to the start of your shift to
inform him/her of your status. Additionally, if you are absent due to illness, your supervisor may
request that you provide a physician's statement verifying your illness. Failure to provide a
physician's certificate when requested or required to do so, excessive absenteeism (excused or not)
and/or irregular attendance may be grounds for discipline, up to and including termination of
employment. Each situation of excessive absenteeism or tardiness shall be evaluated on a case-by-
case basis. However, even one unexcused absence may be considered excessive, depending on the
circumstance. There is no compensation for an unexcused absence or tardiness for non-exempt
employees.
Voluntary termination results when an employee voluntarily resigns his or her employment, or
fails to report to work without notice to, or approval by, his or her supervisor. All City- owned
property, including vehicles, keys, uniforms, identification badges, and credit cards, must be
returned immediately upon termination of employment.
Meals and Rest Periods
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
The work week is from 12:01 a.m. Sunday to midnight 12:00 p.m. Saturday. Generally, a normal
work day is an 8 hour period, unless otherwise provided. All employees are afforded an unpaid
lunch break around mid-day as scheduled by their supervisor. Non-bargaining and non-exempt
employees are permitted a paid morning and afternoon rest break of 15 minutes when the schedule
allows. Any deviation of this policy must be approved by the Department Head. Specific
provisions of a collective bargaining agreement in conflict with this policy may apply, and where
a specific provision of a collective bargaining agreement is applicable, that provision/those
provisions apply, superseding the policies contained in this Section. Additionally, this policy may
not apply to Volunteers, who are governed by separate requirements related to their Service.
Job Duties
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You will be trained on your job responsibilities and the performance standards expected of you.
Be aware that your job responsibilities may change at any time during your employment. From
time to time, you may be asked to work on special projects, or to assist with other work necessary
or important to the operation of the City.
The City reserves the right, at any time, without or without notice, to alter or change the job
responsibilities, reassign or transfer job positions, or assign additional job responsibilities.
Reductions in Force
Under some circumstances, the City may need to restructure or reduce its workforce. If
restructuring our operations or reducing the number of employees becomes necessary, the
City will attempt to provide advance notice, if possible, to help prepare affected individuals. If
possible, employees subject to layoff will be informed of the nature of the layoff and the
foreseeable duration of the layoff, whether short-term or indefinite.
In determining which employees will be subject to layoff, the City will take into account,
among other things, operation and requirements, the skill, productivity, ability, and past
performance of those involved, and also, when feasible, the employee's length of service.
Discipline
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
Discipline is at the discretion of the City and shall be decided on a case-by-case basis. If you
disagree with any disciplinary action, you are required to follow the internal grievance procedure.
Policy
Employees are required to adhere to City policies and procedures and perform their job in a manner
that is consistent with all City policies and procedures and accepted professional and personal
standards of behavior for a public workplace. Employees are expected to perform their work in a
manner that ensures public confidence in the functions of the City and which complies with local,
state, and federal law. Employees who have completed their initial employment period and are no
longer serving a probationary period are subject to good cause for discipline and discharge.
Employee Misconduct
Disciplinary action may be taken in cases of employee misconduct. Employee misconduct means,
but is not limited to, violation of City policies or procedures, willful neglect of an employee’s duty,
insubordination, disruptive behavior, and any conduct on the job not in keeping with generally
accepted professional and personal standards of behavior associated with employment, as well as
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other activities that might adversely affect the confidence of the public, and violations of federal
and/or state law.
Reasons for disciplinary action may include, but are not limited to:
Violations of any policy in this Personnel Policy;
Violating job-related federal, state, and/or local laws;
Commission of a felony or misdemeanor;
Dishonesty, including but not limited to giving false information, falsifying time records
for payroll, falsifying other records, or making false statements when applying for
employment;
Unsatisfactory job performance;
Unsafe work practices, failure to follow safety policies, or both;
Disrespect to the public or fellow employees;
Being absent or tardy for any reason, or being wasteful of material, property or working
time;
Failing to follow the orders of your supervisor(s);
Inability to get along with fellow employees and the public;
Misuse or destruction of City or other employee's property;
Being on City premises that are not open to the general public during nonworking hours
without authorization;
Abuse of sick or other leave;
Any other conduct on the job not in keeping with acceptable standards of behavior
generally associated with employment.
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service. When disciplinary action is appropriate, the employee may follow the grievance
procedure.
Personal Information
For accurate administration of your wages and benefits, and for compliance with Federal and State
regulations, it is necessary that current and accurate personnel records be maintained. This
information is also necessary in the event you must be reached for an emergency or available work.
If there are changes, or if you observe any errors in your personnel records, please notify your
supervisor immediately. Please report any of the following changes as they occur:
Name
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Address
Telephone number
Marital status
Number of dependents
Education (courses completed and other training or skills required)
Selective service status
Emergency contact person(s)
Personnel Records
Employee personnel records are intended to capture the historic and current conditions of
employment for each employee. The information contained in such records is of benefit to the City
and the employee and employees should ensure that the information is accurate and current. This
includes updated certifications, beneficiaries, personal contact information, and current position
details.
Employees receive upon employment copies of this Handbook; his/her class specification, and a
letter of hire specifying the beginning date of employment, probationary period, wage/salary
information and any other special conditions of employment. The City will maintain for each
employee a personnel record.
Supervisors are responsible for forwarding to the Clerk-Treasurer documents to be included in an
employee's personnel file. Supervisors may maintain separate performance records for each
employee.
Information reflecting negatively on an employee, with the exception of a termination letter,
should not be placed in the employee's personnel file until the employee has been informed, and/or
the employee or a witness acknowledges receipt of the document. An y employee can make a
written request to the City Attorney to have material (except annual performance appraisals) which
she or he feels to be incorrect removed from his or her file.
An employee's personnel record is confidential except for the following:
1. Position title;
2. Dates and duration of employment;
3. Salary; and
4. Claims for vacation, holiday, or sick leave pay, except that the reason for taking leave is
confidential and may not be disclosed.
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Therefore, access to an employee's personnel record will be limited to those individuals who have
a right to know. Included in this category will be the employee, his or her immediate supervisor(s),
the appropriate department head, the City Mayor, the City attorney, the City’s auditors, and others
who have a legal right of access.
An employee's position, title, dates and duration of employment and compensation are public
information and may be released pursuant to a written request. Request for reference checks about
a former or current employee must be directed to the Department Head or City Attorney.
Employees must sign an authorization for personnel file review and access if they wish for anyone
outside of the authorized City personnel to review and copy their file.
Employee References
All requests for references should be directed to the management of the City. By policy, the City
discloses only the dates of employment and the last position held. If you authorize the disclosure
in writing, the City also will inform prospective employers of the amount of salary or wage you
last earned.
Nepotism
It is the City's policy to hire the best-qualified employees, regardless of marital or family status.
The City's recruitment, selection, and promotional processes, as they relate to nepotism, will be
undertaken in compliance with applicable state and/or federal law (specifically, Mont. Code Ann.
§ 2-2-31).
No employee will be assigned or candidate hired to a position where the employee or candidate
will supervise, or be supervised, by a relative, either directly or indirectly through a mid-level
Manager. For purposes of this section, "relative" means a spouse or significant other, child, parent,
grandparent, grandchild, aunt, uncle, first cousin, or corresponding in-law or "step" relative.
STANDARDS OF CONDUCT
Honesty/Ethics Policy
All Employees are expected to contribute to the success of the City by performing their jobs as
required and conducting themselves in a professional manner.
Regardless of whether or not it is job related, employee honesty and integrity are essential to ethical
business practices. Employees are required to prepare all reports, including expense reports and
time cards, accurately and truthfully. Clocking in/out or modification of timecards other than your
own is strictly prohibited.
Except for special circumstances, Employees are prohibited from remaining on City premises or
making use of City facilities while not on duty.
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Misuse of the City's property, time, materials, or facilities during work time or while not on duty,
including the City's equipment, City records, customer lists, supplies, e-mail, internet, and
computer and voicemail systems, for your personal convenience, profit or non-profit
organizations, can constitute unethical conduct. These tools and resources are intended to assist
employees in conducting legitimate City business, and any other use of such property is
discouraged. It is also prohibited for you to take advantage in this manner of outside individuals
or organizations doing business, or seeking business, with your employer unless you have written
permission from the City.
Unacceptable conduct that is considered detrimental to the City's best interests, such as fraud or a
breach of trust, may result in immediate disciplinary action, up to and including termination of
employment.
Employee Dress and Appearance
The City of Laurel is proud of its public image and strives to maintain the high standards for which
we are known. Each employee reflects the image of the City and, therefore, is required to wear
what the City deems to be suitable attire for the particular assignment of the employee. Assigned
dress shall be kept clean, neat and in good repair, and must be worn while on duty. This may
include the wearing of safety clothing or shoes. We hope you will share our pride in your City.
Accordingly, the following policy has been established for our employees.
Dress guidelines are as follows:
Employees are expected to be neatly dressed in appropriate attire for their position.
All clothing should be in good repair, clean and free from holes, stains, rips, tears, patches,
artwork, and slogans, unless related to the City.
For safety purposes, employees are expected to follow OSHA guidelines related to dress,
shoes and safety equipment.
Shoes must be worn at all times while on duty.
Good personal hygiene and personal habits are expected.
Examples of unacceptable attire:
Clothing that is worn, torn, or frayed.
Clothing that contains patches, holes, artwork, and slogans.
Bare feet.
Shirts, blouses and tops that expose a bare midriff.
Halter and bra tops.
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Sheer or see-through clothing.
The initial response to an employee's dress that does not comply with the standards will be to
discuss the matter with the employee. This dress code will remain in effect for the duration of your
employment with the City of Laurel, unless relaxed by management, for seasonal reasons or
specific functions. The City of Laurel reserves the right to interpret and apply this dress code with
respect to employee attire and professional appearance. Employees who do not follow this policy
may be subject to disciplinary action, up to and including termination of employment.
Conflict of Interest
Employees are to be mindful of the distinction of service to the City of Laurel and personal
business matters. Use of public office or public position for private gain i s expressly prohibited.
Business dealings that appear to create a conflict of interest between the City and your status as an
employee, especially as it relates to the public, may be deemed a conflict of interest.
Political Activity
Employees may not solicit any money, influence, service, or other thing of value or otherwise aid
or promote any political committee or the nomination or election of any person to public office in
violation of Mont. Code Ann. § 2-2-121(3). This prohibition in no way is meant to interfere with
individual rights to express personal political views. An employee may not hold elected or
appointed City office if such office would be incompatible with the duties of their position or
employment or create a conflict of interest.
Lawsuits and Press Matters
When an employee is approached by a legal process server, they should refer the server to the
Mayor and/or their designee or to the City Attorney. Should an authority not be available and
the employee is required to accept served papers, it is the employee's priority to locate and
forward the information to either of the authorities listed without opening or reading the
documents. No employee shall discuss aspects of any legal situation that is subject to or is
currently involved in a lawsuit or hearing without first consulting with the Mayor and/or their
designee or the City Attorney.
If an employee is approached for a press release, news story or news quote, that employee is
required to refer all contacts to the employee's Department Head. If the news topic relates to
a legal issue or case in progress, that employee is required to refer all matters to the City
Attorney.
No employee should provide a press release, interview, or press information without first
receiving approval from the Mayor.
Community Relations
To preserve and foster the public's trust and confidence in the City, it is imperative that all
employees act with complete honesty and fairness. Employees are expected to be
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knowledgeable about their job and applicable laws and regulations pertaining to their job.
Whenever you have a question relating to applicable laws or regulations, you should seek out
appropriate advice before acting.
In dealing with the public, employees are expected to exercise good judgment and common
sense. Commitments to others should be made only if such commitments can realistically be
met. In this regard, the products and services of the City should be presented accurately and
fairly.
You should always be mindful of the position of your employer in the community. Good
reputation and success requires continuing adherence to high standards.
All employees are required to refrain from using abusive language, slang, profanity and/or
offensive remarks concerning age, sex, race, religion, marital status, disability, national origin
and sexual orientation.
Each employee reflects the image of the employer and is required to wear suitable attire.
Wearing disturbing, unprofessional or inappropriate styles of dress or hair while working is
not permitted.
All employees must maintain personal grooming habits that reflect a presentable image for
themselves and the City.
All employees are required to refrain from fighting, threats of violence or physical assault
(whether serious or playful) on or with a customer or coworker. Participating in horseplay or
practical jokes, causing, creating, or participating in a disruption of any kind on City time or
on City property is prohibited. Violation of any safety, health, security or City policy, rule, or
procedure is cause for disciplinary action up to and including termination.
If you should become aware of actual or potential problems in any area of the business of the
City, you are expected to inform your supervisor immediately. If you are aware of
improvements to policies, procedures, products and/or possible business opportunities that
will contribute to customer satisfaction and enhance the City, you are urged to bring those
improvements to the attention of your supervisor.
Parking
The City of Laurel assumes no liability for theft or damage to your vehicle while parked on City
property.
Vehicle Usage
Driver’s Licenses
All employees whose duties require the operation of a City-owned motor vehicle or who operate
a privately-owned vehicle while conducting City business must possess a valid Montana driver's
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license and maintain a safe driving record. Most employees who are required to drive as a part of
employment and who are new to the State of Montana must obtain a valid Montana driver's license
within sixty (60) days of employment; police officers must have a current Montana driver's license
upon entry to employment.
As a condition of employment, all new employees whose work will require the employee to operate
a City vehicle, a personal vehicle on City business, or both, will be subject to a driving records
check as part of the post-conditional offer process. The City-Clerk Treasurer will initiate the
records check. A report indicating a current or recent suspended or revoked license status and/or
significant moving violations may be cause to deny or terminate employment.
Periodic checks of employees' driver's licenses through visual and formal Driver's Services checks
shall be made by department or division heads. Any employee who does not hold a valid driver's
license will not be allowed to operate a City vehicle until such time as she or he obtains a valid
license.
Any employee performing work which requires the operation of a City vehicle must notify his or
her immediate supervisor in those cases where his or her license is expired, suspended, or revoked
and/or who is unable to obtain an occupational permit from the court system. Any employee who
fails to report such expiration, revocation, or suspension to his or her supervisor and who continues
to operate a City vehicle shall be subject to possible disciplinary action.
Non-City Personnel Riding in City Vehicles
Non-City personnel are not allowed to ride in City-owned vehicles unless authorized by an
approved program, including the completion of a hold-harmless agreement. Due to liability issues,
unless otherwise approved in writing by an appropriate management official, employees who wish
to have a non-employee accompany them on business trips, lunches, etc., will not be allowed to
use a City vehicle. The City Mayor and City Attorney should be consulted, in advance to any non-
City personnel riding in City vehicles.
Vehicle Accident Reporting Procedures
Employees driving a City vehicle or personal vehicle while on City business must report all
accidents immediately to appropriate law enforcement and also report the accident to his/her
supervisor. City employees are required to comply with the law including but not limited to staying
at the accident scene until released by the law enforcement officer and then complying with any
and all orders set by the law enforcement officer. Employees are directed to refrain from making
statements regarding the accident with anyone other than the investigating law enforcement
officer, appropriate City officials and if applicable, the employee’s insurance company
representative (but only where personal vehicles are involved). Limit the statements made to
factual observations. Any post-accident testing should be conducted in accordance with applicable
laws and policy.
Post Accident Drug and Alcohol Testing
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Accidents resulting in any physical injury or City property damage in excess of $1,500 will require
immediate drug and alcohol testing for the employee(s) involved. Supervisors must immediately
take involved employee(s) to the appropriate testing facility if the accident occurs during normal
business hours. Any accidents occurring outside of normal business hours will require the
employee to receive testing.
Please also refer to the City’s Vehicle Use Policy and Drug and Alcohol Testing Policy for
additional information, attached hereto. All other relevant policies, related to City vehicle usage
are identified therein, and all employees are bound to them hereto.
Equipment Usage
City Equipment Use
All equipment and tools are City property, provided for official City business. Limited personal
use of electronic equipment, such as City-owned computers and smart phones, is authorized for
City business. Employees are not permitted to use City-owned vehicles, equipment, or personnel
for personal reasons, unless otherwise specified by applicable policies.
Personal Equipment Use
The City of Laurel expects employees to carry out their work using City-owned equipment.
Employees are not expected to use their personal equipment to accomplish City work. Occasional
personal cell phone use is acceptable at a minimum so long as use does not interfere with the course
of City business or employees completing their work assignments.
WORKPLACE ISSUES
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service. Safety is every employee's business. The safety and health of each employee and
citizen is of primary importance. It is the responsibility of all employees to follow all safety rules
and procedures, and promptly report all accidents, near misses, or any safety hazard of which you
become aware.
Safety and warning signs posted upon City property or equipment, upon private property, or upon
other public property must be observed at all times. Each employee is to wear and/or use safety
equipment furnished, including the use of seat belts, hand, eye, and body protection gear as
appropriate. Failure to comply with safety signs, safety manuals, safety rules or procedures, or the
use of safety equipment, may be sufficient cause for disciplinary action.
The City is committed to safety in all areas of the organization and our goals are to provide a safe
and healthful working environment and to ensure that employees comply with occupational safety
and health standards and all rules, regulations and orders which are applicable to their own actions
and conduct.
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We believe that safety must function as an integral part of, and in no manner separated from, the
operation of the City. In recognition of this and in the interest of prudent management practices,
our goal is to:
Maintain a safe and healthful working environment.
Consistently adhere to proper operating practices and procedures which are designed to
prevent injury, illness and loss of assets.
Comply with the requirements of Federal, State and local safety and health codes to ensure
the well-being and safety of all employees.
In order to achieve these goals, employees shall receive training on the use of equipment, proper
and safe operating procedures and site/task specific job functions. Periodic safety training sessions
and inspections shall be conducted to maintain employee awareness.
All employees are responsible for exercising maximum care and good judgment and shall comply
with established procedures in operating safely and preventing accidents. Unsafe conditions,
equipment or practices shall be reported to the Supervisor immediately. Each employee is expected
to abide by all safety rules and procedures and shall wear any and all personal protective equipment
required and provided by the City.
Our safety rules have been written with you in mind. Please follow the rules and help the City
ensure a safe working environment.
Safety Data Sheets
All locations must have Safety Data Sheets (SDS) for each chemical in use at that location. You
are required to be knowledgeable in their use in case of any possible health hazards and/or any
emergency first aid procedures to follow. If the location is missing any SDS Sheets, notify your
supervisor, who will obtain replacement copies.
Accident or Injury Reporting
If you are injured on the job, or involved in an accident involving the City's equipment, you MUST
REPORT THE ACCIDENT IMMEDIATELY (on the same work shift) to be in compliance with
the policies/procedures of the City of Laurel.
Proper injury reporting includes a supervisor or employee completing the "Employee Incident
Report" and the injured employee completing the WORKERS' COMPENSATION "FIRST
REPORT OF INJURY". Supervisors are to assist the employee in properly completing and mailing
of all forms. Both forms can be obtained from your supervisor. These forms must be sent to or
delivered to the City within 24 hours of the accident or injury. Failure to complete the proper forms
on time may jeopardize workers' compensation insurance benefits and may result in injury
expenses not being covered by insurance.
The City's workers' compensation insurance carrier will investigate accidents/injuries for
legitimacy and cause.
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This enables the City to eliminate fraudulent claims and to prevent future accidents and injuries.
Workers' Compensation
The Clerk-Treasurer additionally is responsible to facilitate Department Heads in the administering
of Workers' Compensation claims. Each employee involved in any incident or who has an illness
or injury on the job must report such incident and/or illness or injury IMMEDIATELY to their
Supervisor/Department Head prior to the completion of their work shift. In their absence, the
employee must report such incident and/or illness or injury to the Clerk-Treasurer. A failure on
the part of the employee to report such incident and/or illness or injury IMMEDIATELY may lead
to disciplinary action up to and including termination and may cause a delay or denial of their
claim. The Clerk-Treasurer will require a complete report to be given by the involved employee
and Department Head within seventy-two (72) hours and cause such reports to be forwarded to the
appropriate officials.
Early Return to Work for Injured Employees
The City will comply with state and federal regulations regarding an employee’s return to work
from workers compensation leave. If an employee is on an extended leave due to a worker’s
compensation illness or injury, the City may hold the position for the employee for a period not to
exceed six (6) months, unless otherwise required by state or federal law. Exceptions to this policy
must be approved by the City Mayor with input from the City Attorney.
Visitors
On occasion, visitors may be required to visit an employee. Personal visitors at work shall be
limited to situations of necessity. Employees are asked to consult with the job site supervisor in
the event an emergency necessitates a visit.
In no case shall a personal visitor interfere with the fulfilling of your work assignments or the work
assignments of other employees. Excessive interruptions by visitors may be grounds for
disciplinary action, up to and including termination.
Weapons
Possession of firearms, handguns, or any other dangerous weapons or materials while performing
job duties or while on employer's premises is prohibited unless directed by City, State, or Federal
law. Violation of this policy may lead to disciplinary action, up to and including termination.
Reporting of Arrests
All arrests or summons for legal violations while conducting City business and/or while operating
City equipment must be reported immediately to your supervisor.
Workplace Violence
The City supports a work environment and workplace free of violence. As such, workplace
violence, threats of violence, intimidation, and other disruptive behavior are strictly prohibited at
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the City of Laurel.
Workplace violence is defined as any act of creating an environment in which a reasonable
employee is given cause to feel threatened or intimidated.
All employees are responsible for maintaining a workplace free of violence. Any employee who
is concerned about or observes workplace situations that may result in violence should
immediately report the situation to a supervisor or the City Attorney.
The City will take prompt action to investigate any situation alleging an employee engaged in
workplace violence, or who used any obscene, abusive, or threatening language or gestures. Such
action may include disciplinary action, or notifying the police or other law enforcement
officers. Employees must report any case of workplace violence to their immediate supervisor and
the City Attorney.
This policy also prohibits employees from bringing unauthorized firearms or other weapons onto
City premises. Only law enforcement employees are authorized to bring firearms onto City
property.
Tobacco Policy
The City has adopted a policy establishing smoke free buildings and "Designated Smoking Areas".
Employees who smoke tobacco or e-cigarettes must do so only in designated tobacco use areas
and be conscious of the perception of smoking to the public and the impact to professional
appearance. Smoking must not interfere with public traffic in and out of public buildings or be
readily visible to the public. Smoking is prohibited in City vehicles.
The use of smokeless tobacco, spitting, and spit cups should be done in a manner not offensive to
others and in a private manner.
Drug and Alcohol Policy
The City of Laurel is committed to maintaining a work environment which is drug and alcohol
free. The unlawful and unauthorized use, possession, manufacture, distribution, or sale of a
controlled substance and/or alcohol on City premises or off City premises while conducting City
business is prohibited.
Employees may not be under the influence of or impaired by drugs or alcohol while on duty.
Employees thought to be under the influence will be subject to reasonable suspicion testing.
Violations of this policy may result in disciplinary action, up to and including termination, and
may have legal consequences. An employee who violates the provisions of this policy may be
permitted to successfully complete a drug/alcohol abuse rehabilitation program, as an alternative
to termination.
When supervisors feel they have an employee that may have violated our drug/alcohol standards,
they should contact the City Attorney for guidance and assistance in dealing with any aspect of the
violation in the work setting.
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Employees suspecting drug and alcohol use of a peer or supervisor are directed to contact the City
Attorney immediately reporting the facts and details of the suspected employee.
Employees (including part-time employees, temporary employees, and volunteers) must, as a
condition of employment or service, abide by the terms of the above policy and report any
conviction or entry of a plea of guilty under a criminal drug or alcohol law for violations occurring
on City premises, or off City premises while conducting City business. A report of a conviction
must be made, in writing, to the employee's supervisor within five (5) calendar days after the
conviction or entry of a plea of guilty. (This requirement is mandated by the Drug-Free Workplace
Act of 1988.)
Drug Free Workplace
The City is a drug free workplace. Employees are prohibited from the unlawful manufacture,
selling, distribution, dispensing, possession or use of controlled substances in the workplace.
Exceptions to this policy may be made for police officers acting within the scope of their official
duties.
Drug Free Workplace Act
In compliance with the Drug Free Workplace Act of 1988, and if the employee is receiving federal
funding, Human Resources will insure that one of the following actions is taken within thirty (30)
calendar days of receiving employee notice:
1. Disciplinary action, up to and including discharge; and/or
2. Requiring such employee to participate satisfactorily in drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State or local health, law
enforcement, or other appropriate agency.
Failure to report a conviction under a criminal drug statute will also result in disciplinary action,
up to and including discharge.
Questions regarding this program should be directed to your supervisor or the City Attorney.
Drug and Alcohol Testing Policy
Please see the attached drug and alcohol testing policy for the specific policies and procedures
used by the City in conducting drug and alcohol testing.
OPERATIONAL CONSIDERATIONS
Housekeeping
You are responsible for good housekeeping practices and for keeping your assigned work area
clean. Good housekeeping is essential to a safe, clean and pleasant work atmosphere and includes
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proper disposal of trash or waste materials.
Breastfeeding Policy
Women returning from maternity leave who wish to continue breastfeeding or separate expression
of milk for their child(ren) will be provided a private space (other than a toilet stall) with suitable
lighting and electricity if necessary for pumping apparatus. The selection of the space will be made
on a case-by-case basis in consultation with the employee. Standard break times will be primarily
utilized with additional unpaid break time provided as mutually agreed upon. Additionally, the
City will make every effort to provide suitable facilities for milk storage during the employee's
daily work period. All requirements listed under Montana law, whether or not specifically listed
herein, will be complied with.
Bulletin Boards
Bulletin boards may be used to provide various types of information that pertain directly to you
and your job, including benefits, work schedules, business information and special notices. It is
your responsibility to read the information that may be posted. Certain information changes
frequently and you should check the bulletin board on a routine basis.
Only authorized personnel may be permitted to approve the posting and/or removal of notices and
information. The posting or removal of information by anyone other than authorized personnel is
not permitted.
Solicitation and Distribution of Literature
With the exception of activities approved by the City Ma yor, agents and representatives may not
contact City employees for personal reasons during business hours. City employees are prohibited
from using City time or resources to sell or solicit the sale of any merchandize or service whether
to another employee, to the general public, or both.
Social Media Policy
Please see the attached Social Media Use Policy for the City of Laurel.
Job Descriptions
All job descriptions must be approved by the Mayor or CAO.
COMPENSATION AND BENEFITS
The City observes pre-determined pay period/pay days. When you receive your paycheck, review
your paycheck stub to be certain your name, address and other pertinent information are correct.
Please make sure to review your hours every pay period to assure all hours worked have been
properly recorded and paid. If you observe an error on your check, please report it immediately to
the City Payroll Clerk. If you cannot resolve the problem, contact your supervisor for assistance.
Paydays
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The pay period is biweekly. Payday is the Friday following completion of the pay period.
Paychecks will be available by 9:00 a.m. on payday. There shall be NO pay advances under any
circumstances. Checks may be mailed if authorized by the employee. No other person be allowed
to pick up an employee's payroll check, without prior written authorization of the employee on file
with the City.
The Laurel Fire Department member's expense reimbursement will be once a month, on or before
the 10th of the following month.
Overtime
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
If non-exempt employees work in excess of 40 hours per week, they are entitled to overtime or
compensatory time at time and a half for each hour worked in excess of 40. Specific provisions of
a collective bargaining agreement in conflict with this policy may apply, and where a specific
provision of a collective bargaining agreement is applicable, that provision/those provisions apply,
superseding the policies contained in this Section.
Supervisors are responsible for managing the need for overtime and compensatory time. As such,
supervisors should use flexible scheduling so that no more than forty (40) hours per week are
worked. Whenever possible, the change in a work schedule should be in writing, and the employee
should be given at least one (1) working days’ notice of this change, unless otherwise specified in
a Collective Bargaining Agreement.
Non-exempt employees who work more than the scheduled hours without written consent of the
supervisor, and/or supervisors who permit or require non-exempt employees to work more than
forty (40) hours per week without providing appropriate compensation, may be subject to
disciplinary action.
Compensatory Leave - Employees who wish to use compensatory leave must do so without unduly
disrupting City operations. Use of compensatory leave requires supervisor prior approval. Leave
can be taken in increments of ¼ hour.
If an employee terminates employment with the City of Laurel, they will be paid for 100% of the
unused compensatory leave balance. Unless otherwise covered by collective bargaining agreement
or the Fair Labor Standards Act, this payout will be based on the employee’s hourly rate at
termination.
If an employee with a balance of compensatory time transfers to an exempt role, the City will pay
100% of the unused compensatory leave balance at the current hourly rate prior to the transfer to
the new position.
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Unless there is a break in service, if an employee transfers from one non-exempt position to another
non-exempt position within the Cit y, the employee’s compensatory leave balance transfers with
the employee, subject to the maximum accruals defined.
Exempt employees are not entitled to overtime or compensatory time. Questions about the status
of positions may be directed to the Clerk-Treasurer.
Exempt Employees
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
Exempt employees may have to work hours beyond their normal schedules as work demands
require. No overtime compensation will be paid to exempt employees.
An exempt employee is an executive, administrative, professional, computer professional or
an outside sales commissioned employee who is exempt from minimum wage or overtime
requirement, as determined by Federal and State Wage and Hour Laws.
This salary pay policy is intended to comply with the salary pay requirements of the Fair
Labor Standards Act and shall be construed in accordance with the Act. Employees are
encouraged to direct any questions concerning their salary pay to your supervisor so that any
inadvertent error can be corrected.
Time Reporting
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
All non-exempt employees will be required to keep track of their time daily for management
to compute eligibility and amount of pay and/or evaluation of job specifications and
requirements on the individual time record provided by the City. Your scheduled time will be
computed from the time you clock in until you clock out. Non-exempt employees are not
permitted to commence work before their normal starting time or to continue working after
their normal quitting time without prior approval of the Supervisor or Department Head.
Vacation leave, sick time, compensatory time, if any, and holidays worked or not worked
must also be recorded on the time record provided with the dates involved listed clearly.
All employees are expected to take a lunch or a meal break in compliance with de partment
needs. Unapproved absences shall not be considered as hours worked for pay purposes.
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Recording the work time of another employee or allowing any other employee to record your
work time, or falsifying any time card, either your own or another employee's, is not permitted
and is a cause for termination. Any errors on your time card should be reported immediately
to your supervisor.
The Laurel Fire Department members’ time will be recorded on a per call basis as reported
by the Fire Chief and approved by the Mayor.
Direct Deposit Options
The City offers automatic payroll deposit directly to your bank account or to a pay card. You
may begin and stop automatic payroll deposit at any time. To begin automatic payroll deposit,
you must complete a form (available from the City Payroll Clerk). You should carefully
monitor your payroll deposit statements for the first two pay periods after the service begins.
To stop automatic payroll deposit, complete the form (available from the City Payroll Clerk).
You will receive a regular payroll check on the first pay period after the receipt of the form,
provided it is received no later than IO days before the end of the pay period.
Call Out
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
If a full-time non-exempt employee is called out to perform work during his/her off duty
hours, not an extension of the work shift, he/she will receive pay at the rate of one -and-one-
half (1½) times the regular rate of pay.
On Call
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
The purpose of this policy is to provide compensation to City employees who are required to
be "on call". "On call" is defined as an employee who is required by the City to remain on or
near his/her workplace during off- duty hours in order to respond t o emergencies. It is the
policy of the City of Laurel that all City employees, both exempt and non-exempt, required to
be "on call" be reasonably and fairly compensated.
The employee must be specifically designated and assigned to "on call" status by the Mayor
to receive compensation. Furthermore, both exempt and non-exempt employees requested to
respond to emergency after hour calls shall respond if available.
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Laurel EMS and Fire Department members will be called out as needed by Laurel Police
Department Dispatch.
City Credit Cards
Eligible Expenses
Only the City of Laurel's business expenses may be charged to the City of Laurel credit cards.
Personal expenses may not be charged to the City of Laurel credit cards.
Cash Advances
Cash advances on the City of Laurel's credit card are not allowed.
Supporting Documentation
As soon as possible, but no later than seven (7) days after a purchase has been made with the City
of Laurel's Credit Cards, a meaningful explanation of the business purposes of each expense and
the receipt must be turned in to account payables. For meals and travel, be sure to include a list of
any additional persons included in such expenses. In the event that a receipt is missing or lost, the
employee shall note the loss beside the charge and include an explanation of the expense.
Lost/Stolen Cards
Please contact the Clerk-Treasurer as soon as you discover a card has been lost or stolen.
Ending Employment
If you leave employment with the City of Laurel, you must return the City of Laurel's credit cards
to the Clerk-Treasurer by your last working day.
Resignation and Pay Upon Final Termination
Employees who voluntarily resign, are terminated for cause, or who are laid off from employment
will receive their final paychecks within fifteen (15) days from separation, or on the last working
day of the month, whichever occurs first.
EMPLOYEE BENEFITS
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
Official Benefit Documents
All benefits provided by the City are described in the official documents, which are kept on file in
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the Office of City Clerk-Treasurer and are available for examination by any plan participant or
beneficiary. These documents are the only official and binding documents concerning the City's
health and pension benefits. All summaries and communications, both written and verbal, must
refer to them as binding in cases of questions or disputes. The City reserves the right to modify,
amend, or terminate its health benefits.
Clerk-Treasurer
The City Clerk-Treasurer, or other designee appointed by the Mayor and/or CAO, serves as the
coordinator of the City's health and pension benefits. The Clerk-Treasurer is responsible for all
communications and disclosures concerning City benefits and for compliance with all applicable
laws and regulations. In addition, the Clerk-Treasurer shall be available to answer employee
questions concerning benefits and shall communicate to new employees, employees as they
achieve eligibility, retiring employees, and non-employee beneficiaries as to specific benefit
coverage and required forms and designations in a consistent and timely fashion to ensure that all
time frames are met. The Clerk-Treasurer, with approval of the Mayor, is specifically authorized
to use outside professional assistance as needed. No funds shall be expended without prior
approval of the City Council for such assistance.
Beneficiary Designations
Under City insurance and retirement plans, each employee must designate a beneficiary in the
event of the employee's death. Such designation must be made in writing to the Clerk-Treasurer,
and the beneficiary will be so informed by the Coordinator in the event of death. Employees may
change a beneficiary designation by giving the Clerk-Treasurer written notice of such desire and
change and all parties shall be notified of the change in writing. It is the employee's responsibility
to maintain the proper beneficiary designations.
Insurance/Pension
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
An employee who typically works twenty (20) hours or more a week on a regular basis is eligible
for certain group health insurance and pension benefits. The City may contribute toward the
premiums for health coverage. Added benefits or insurance coverage for each employee and/or
their dependents may also be available.
Holidays
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
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The City will observe the same holidays as re cognized by the State of Montana, as follows,
unless amended:
January 1 -New Year's Day
Third Monday in January - Martin Luther King, Jr. Day
Third Monday in February-Presidents' Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
Second Monday in October - Columbus Day
First Tuesday in November – General Election Day
November 11 - Veterans' Day
Fourth Thursday in November - Thanksgiving Day
December 25 - Christmas Day
If a holiday falls on a Saturday, the Friday preceding is observed as the holiday. If a holiday
falls on a Sunday, the following Monday is observed as the holiday.
If one or more regular holidays fall in the period of an employee's annual vacation leave, the
vacation record will be credited for the holiday. If a holiday falls on an employee's regularly
scheduled day off, the employee will be granted another day off as agreed upon by the
employee and their Supervisor, the Mayor and/or their designee.
Regular part-time and seasonal employees shall receive a pro rata share of compensation at
their regular straight time hourly rate.
Annual Leave Vacation
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
Each regular full-time employee, regular part-time employee, and seasonal employee shall
earn annual leave from the first day of employment, but will not be eligible to take the accrued
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leave until the employee successfully completes a six-month qualifying probationary period.
Regular full-time employees accrue vacation leave as follows:
Time worked Workday credit per year Hours per month
based on an 8-hr
day
1 day through 10 years 15 10
11 years through 15 years 18 12
16 years through 20 years 21 14
21 years and over 24 16
Regular part-time employees are entitled to prorate their vacation leave if they have worked
the six-month qualifying period. Vacation benefits are based upon the hours worked during
the pay period.
Temporary and seasonal employees earn annual leave; however, they must be employed for
the six-month qualifying period before they may use the annual leave. In order to qualify,
seasonal employees shall immediately report back for work when operations resume in order
to avoid a break in service.
The maximum annual leave amount accumulated is twice the number of days earned annually
at the end of any calendar year. Vacation leave exceeding the maximum amount must be used
within 90 calendar days of the next calendar year in which the excess was accrued or it will be
forfeited.
Requests for annual leave must be submitted in advance and pre-approved by the employee's
Supervisor or the Mayor and/or their designee. The annual leave will be approved after
considering the best interest of the City, the employee's department, and the employee's
request. Employees who need to use annual leave due to extenuating cir cumstances before
they finish the probationary period may ask their Supervisor, the Mayor and/or their designee
to grant paid annual leave with the understanding that their leave balance will be affected if
their employment is terminated before completing the qualifying period. Should two
employees request the same period of vacation, their Supervisor or the Mayor and/or their
designee has discretion regarding the approval of the leave requests.
An employee who has completed the six-month qualifying period and has separated from the
service of the City for any reason shall be entitled upon termination to cash compensation
payout for unused vacation leave. The payout will be based upon the employee's salary at time
of termination.
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LEAVES OF ABSENCE
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
Leaves of Absence may be granted for reasons of bona fide illness or for other reasons
mutually agreed upon with the City. Leaves must be requested in writing and shall state the
reason for the leave and the dates desired. Benefit contributions and benefit accruals may be
suspended during leaves. Upon expiration of the leave, or upon notification to the City of your
intent to return, you will be returned to the next available job opening in your classification. If
you do not report upon the expiration of the leave, or any extension authorized by your
employer, you may be considered as having voluntarily given your resignation, subject to all
requirements of Federal and State law.
Inactive Status
Employees who are on any type of leave of absence, work-related or non-work-related, will
be placed on inactive status. During the time the employee is on inactive status, benefits such
as vacation or sick leave will not be earned.
Military Leave
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
An employee who has worked for the City of Laurel for a period of six (6) months, and who is a
member of the organized militia of Montana or the reserve corps or military forces of the United
States is entitled to a leave of absence with pay for a period not to exceed one hundred twenty
(120) hours per year to perform military service. Eligible employees who are regularly scheduled
to work a fifty-three (53) hours per week schedule are entitled to receive up to 160 hours of paid
military leave. Employees employed less than six (6) months are entitled to unpaid leave for the
purposes listed above. “Military service” means both federally funded military duty and state
active duty. Employees must submit a copy of military orders with his or her timesheet to be
entitled to the leave with pay.
Leave While Serving in Elected or Appointed Office
If an employee is elected or appointed to a Montana City, county or state public office, they will
be placed on a leave of absence without pay, not to exceed 180 calendar days per year, to perform
public service. Employees must return to work no later than 10 calendar days after the completion
of the public service unless he or she is unable to do so because of illness or disabling injury
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certified by a licensed physician. When the employee returns to work, he or she will be restored to
his or her position, with the same seniority, status, compensation, hours, locality and benefits that
existed immediately before the leave of absence. Employees are encouraged to review the specific
section in the Montana Code Annotated for further information. The City Mayor may seek an
opinion from the City Attorney as to whether the office sought or obtained by an employee is
incompatible or creates a conflict of interest with their employment.
Leave Without Pay
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
Outside of applicable Federal and State law, requests for Leaves of Absence without pay may be
granted only under extreme and unusual circumstances and in accordance with the following
guidelines:
Leaves of Absence for up to five (5) days must be submitted in writing to the Department
Head for approval;
Leaves of Absence for more than five (5) days must be submitted in writing through the
Department Head to the Mayor or his/her designee for approval. Library employees must
be approved by the Library Board;
Except in unusual circumstances, no requests for Leave of Absence will be granted unless
the employee has completed one (1) year of continuous, full-time employment.
Whenever possible, the employee should provide their Supervisor, the Mayor and/or their designee
with at least 30 days' notice so workloads/tasks can be covered. To request leave without pay,
employees must provide their Supervisor, the Mayor and/or their designee the beginning and
ending dates of the leave and the reason for the requested leave.
Vacation and sick leave cease to accrue during leave without pay. Health insurance premiums will
not be paid by the City during a period of leave without pay. However, the employee may choose
to continue insurance coverage during the leave by paying the City the premiums on a monthly
basis. If the employee fails to continue the insurance coverage, the insurance may be canceled.
Should it be canceled, the employee may be subject to policy restrictions upon returning to work.
An employee who fails to return to work on his or her regularly scheduled workday after the pre-
approved leave-without-pay period will be considered to have voluntarily resigned unless the leave
period is extended, in advance, by their Supervisor and/or the Mayor and/or their designee.
Providing false or misleading information or reasons to justify leave-without-pay may result in
disciplinary action, up to and including termination.
Bereavement Leave
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Specific provisions of a collective bargaining agreement in conflict with this policy m ay apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
Bereavement leave is a form of administrative leave available to employees who lose family
members. In this case, "family member" means a member of the employee’s household, a parent,
guardian, spouse or domestic partner, child, step child, sister or brother, equivalent in-laws, or lose
family members. Adoptive family members and step family members are considered family
members. Bereavement leave is available for up to twenty-four (24) hours for full-time employees
(prorated for part-time employees) per year.
As with other unscheduled absences, employees are expected to notify their supervisors as soon
as they learn of the need for bereavement leave.
Jury and Witness Duty
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
Employees selected for jury duty, or who are subpoenaed to serve as a witness, have the option of
receiving normal pay, or of charging time off to vacation leave. If the employee receives normal
pay, the employee must return any jury or witness pay to the City. Employees will not have to
return any expense or mileage reimbursements paid to them by the court.
The City may request a court excuse the employee from jury duty if the employee is needed for
proper operation of the City. Such as request must be made by the City Attorney after consultation
with a Department Head.
Sick Leave
Specific provisions of a collective bargaining agreement in conflict with this policy may apply,
and where a specific provision of a collective bargaining agreement is applicable, that
provision/those provisions apply, superseding the policies contained in this Section. Additionally,
this policy may not apply to Volunteers, who are governed by separate requirements related to
their Service.
Full-time employees earn sick leave from the first day of employment; however, they are not
entitled to use paid sick leave until they have been employed continuously for the qualifying period
of 90 days. Employees who are sick before they finish the qualifying period may ask their
Supervisor to grant paid sick leave with the understanding that their leave balance will be affected
if their employment is terminated before completing the qualifying period. For calculating sick
leave, 2,080 hours (52 weeks X 40 hours) equals one year.
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Sick leave must be credited at the end of each pay period. Sick leave is earned at a rate of twelve
working days for each year of service without restriction as to the number of working days that
may be accumulated. Employees may not accrue sick leave while in a leave- without-pay status.
Part-time employees earn a prorated amount of sick leave if they have worked the qualifying
period. Full-time temporary and seasonal employees are entitled to sick leave benefits provided
they work the qualifying period.
Employees may use sick leave for personal illness or physical incapacity, sickness of im mediate
family member, or death in the immediate family of employee (refer to bereavement leave).
Immediate family is defined as the employee's spouse, any member of the employee's household,
or any parent, child, grandparent, or grandchild, and corresponding step or in-law relationships.
Sick leave benefits shall apply to bona fide cases of sickness, accidents, doctor or dental
appointments, maternity/paternity leave, and requests for the employee's presence due to
immediate relatives' illness or emergency. Employees using sick leave that exceeds three (3)
consecutive workdays may be required to furnish a medical certification of illness from a qualified
doctor upon request of their Supervisor or the Mayor and/or their designee. Diagnosis of illness is
not necessary, only a certification stating that they were unable to work due to illness.
An employee, who has passed the qualifying period and separates from the City, shall be entitled,
upon termination, to cash compensation payout for unused leave equal to one-fourth of the
accumulated sick leave. The payout will be based upon the employee's salary at time of
termination.
Employees will be permitted to transfer sick leave from one employee to another. The receiving
employee must have exhausted all accrued sick leave and vacation leave. The contributing
employee must make the transfer request in writing and must maintain at least 40 hours of sick
leave. The transferred sick leave will not change the receiving employee's employment status. The
transferred sick leave is considered forfeited by the contributing employee and additional sick
leave must be re-accrued. Employees shall not be coerced, intimidated, or adversely persuaded to
transfer their accrued sick leave to the receiving employee. Doing so may resu lt in disciplinary
action.
At the City's request and expense, an employee may be subject to an examination by a physician
following a sick leave or other absence occasioned by illness or injury to ensure the employee can
complete the necessary functions of the position. Abuse of sick leave may result in disciplinary
action.
Pregnancy Leave
The City provides employees reasonable unpaid and job-protected leave to recover from
pregnancy-related illness. Following a period of pregnancy leave, an employee is entitled to return
to her same job, or to a job with equivalent pay, duties, benefits, and accumulated seniority. It is
the employee's responsibility to express her pregnancy leave needs to her supervisor, and to update
the supervisor should these needs change. As with all medical conditions, the City will rely on the
judgment of medical professionals to determine the length of pregnancy leave. Employees should
123
also refer to the Family and Medical Leave Policy for further information. Pregnancy Leave shall
run concurrently with Family and Medical Leave.
Eligible employees may use sick and/or vacation during pregnancy leave. Employees may also be
eligible for benefits under the sick leave donation or direct donation policies.
Employees are encouraged to speak with the City Attorney for further details.
Parental Leave
The City provides employees unpaid, job-protected parental leave up to 15 working days.
Employees may use sick or vacation leave for this time if they wish to b e paid. Employees are
encouraged to speak with the City Attorney for further details.
SEE FURTHER Attached City of Laurel Personnel Policies, as referenced herein and/or
amended.
124
CITY OF LAUREL VEHICLE USE POLICY
[SEE ATTACHMENT]
125
CITY OF LAUREL DRUG AND ALCOHOL TESTING POLICY
[SEE ATTACHMENT]
126
CITY OF LAUREL SOCIAL MEDIA USE POLICY
[SEE ATTACHMENT]
127
File Attachments for Item:
4. Resolution - A Resolution Of The City Council Authorizing The Mayor To Execute A Small
Services Contract With Play Space Designs.
128
R23-____ Approve Small Services Contract by and between the City of Laurel and Play Space Designs
RESOLUTION NO. R23-_____
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
EXECUTE A SMALL SERVICES CONTRACT WITH PLAY SPACE DESIGNS.
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Small Services Contract by and between the City of Laurel
(hereinafter “the City”) and Play Space Designs, a copy attached hereto and incorporated
herein, is hereby approved.
Section 2: Execution. The Mayor is hereby given authority to execute the Small
Services Contract with Play Space Designs on behalf of the City.
Introduced at a regular meeting of the City Council on the _____ day of March, 2023,
by Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the _____ day of
March, 2023.
APPROVED by the Mayor the _____ day of March, 2023.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
129
Page 1 of 5
INDEPENDENT CONTRACTOR SERVICE CONTRACT
This Contract is made and entered into this 28th day of March 2023, between the City of Laurel,
a municipal corporation organized and existing under the laws of the State of Montana whose address
is P.O. Box 10, Laurel, Montana 59044, hereinafter referred to as “City” and Play Space Designs, a
contractor licensed to conduct business in the State of Montana, whose address is 5698 S. Shady Farm
Lane, Murray, Utah 84107, hereinafter referred to as “Contractor”.
SECTION ONE
DESCRIPTION OF SERVICES
A. Purpose. City shall hire Contractor as an independent contractor to perform for City the services
described in the Bid dated March 15, 2023, attached hereto as Exhibit “A” and by this reference made
part of this contract.
B. Effective Date. This contract is effective upon the date of its execution by both Parties. Contractor
shall complete the services within 60 days of commencing work. The parties may extend the term of
this contract in writing prior to its termination for good cause.
C. Scope of Work. Contractor shall perform his/her work and provide services in accordance with the
specifications and requirements of this contract, any applicable Montana Public Work Standard(s) and
Exhibit “A”.
SECTION TWO
CONTRACT PRICE
Payment. City shall pay Contractor two hundred fifty-eight thousand nine hundred and seventy one dollars
and sixty three cents ($258,971.63) for the work described in Exhibit A. Any alteration or deviation from
the described work that involves extra costs must be executed only upon written request by the City to
Contractor and will become an extra charge over and above the contract amount. The parties must agree
to extra payments or charges in writing. Prior to final payment, Contractor shall provide City with an
invoice for all charges.
SECTION THREE
CITY’S RESPONSIBILITIES
Upon completion of the contract and acceptance of the work, City shall pay Contractor the contract
price, plus or minus any additions or deductions agreed upon between the parties in accordance with
Sections one and two, if any.
SECTION FOUR
CONTRACTOR’S WARRANTIES AND RESPONSIBILITIES
A. Independent Contractor Status. The parties agree that Contractor is an independent contractor for
purposes of this contract and is not to be considered an employee of the City for any purpose hereunder.
Contractor is not subject to the terms and provisions of the City’s personnel policies or handbook and
shall not be considered a City employee for workers’ compensation or any other purpose. Contractor
is not authorized to represent the City or otherwise bind the City in any dealings, agreements or sub -
130
Page 2 of 5
contracts in any dealings between Contractor and any third parties. The City is interested solel y in the
results of this contract. Contractor is solely responsible for all work and work product under this
contract, including techniques, sequences, procedures, and means. Contractor shall supervise and direct
the work to the best of his/her ability.
B. Wages and Employment. Contractor shall abide by all applicable State of Montana Rules,
Regulations and/or Statutes in regards to prevailing wages and employment requirements. Contractor
shall comply with the applicable requirements of the Workers’ Compensation Act. Contractor shall
maintain workers’ compensation coverage for all members and employees of his/her business, except
for those members who are exempted as independent contractors under the provisions of §39 -71-401,
MCA. Contractor understands that all contractors or subcontractors working on publicly funded
projects are required to have withheld from earnings a license fee of one percent (1%) of the gross
contract price if the gross contract price is Five Thousand Dollars ($5,000) or more. This license fee is
paid to the Montana Department of Revenue pursuant to Montana law.
C. Unless otherwise specified by the terms of this Agreement, all materials and equipment used by
Contractor on the Construction Project shall be new and where not otherwise specified, of the most
suitable grade for their intended uses.
D. All workmanship and materials shall be of a kind and nature acceptable to the City.
E. All equipment, materials, and labor provided to, on, or for the Contract must be free of de fects and
nonconformities in design, materials, and workmanship for a minimum period beginning with the
commencement of the work and ending one (1) year from completion and final acceptance by the City.
Upon receipt of City’s written notice of a defective or nonconforming condition during the warranty
period, Contractor shall take all actions, including redesign and replacement, to correct the defective or
nonconforming condition within a time frame acceptable to the City and at no additional cost to the
City. Contractor shall also, at its sole cost, perform any tests required by City to verify that such
defective or nonconforming condition has been corrected. Contractor warrants the corrective action
taken against defective and nonconforming conditions for a period of an additional one (1) year from
the date of City’s acceptance of the corrective action.
F. Contractor and its sureties are liable for the satisfaction and full performance of all warranties.
G. Contractor has examined the facilities and/or has made field examinations. Contractor has
knowledge of the services or project sought under this Contract and he/she further understands the site
conditions to be encountered during the performance of this Contract. Contractor has knowledge of the
types and character of equipment necessary for the work, the types of materials needed and the sources
of such materials, and the condition of the local labor market.
H. Contractor is responsible for the safety of the work and shall maintain all lights, guards, signs,
temporary passages, or other protections necessary for that purpose at all times.
I. All work is performed at Contractor’s risk, and Contractor shall promptly repair or replace all damage
and loss at its sole cost and expense regardless of the reason or cause of the damage or loss; provided,
however, should the damage or loss be caused by an intentional or negligent act of the City, the risk of
such loss shall be placed on the City.
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Page 3 of 5
J. Contractor is responsible for any loss or damage to materials, tools, work product or other articles
used or held for use in the completion or performance of the Contract.
K. Title to all work, work product, materials and equipment covered by any payment of Contractor’s
compensation by City, whether directly incorporated into the Contract or not, passes to City at the time
of payment, free and clear of all liens and encumbrances.
SECTION FIVE
INDEMNITY AND INSURANCE
Contractor shall indemnify, defend and save City, its officers, agents and employees harml ess from any
and all losses, damage and liability occasioned by, growing out of, or in any way arising or resulting
from any intentional or negligent act on the part of Contractor or its agents or employees.
SECTION SIX
COMPLIANCE WITH LAWS
Contractor shall comply with all federal, state, local laws, ordinances, rules and regulations. Contractor
shall either possess a City business license or shall purchase one, if a City Code requires a business
license.
SECTION SEVEN
NONDISCRIMINATION
Contractor agrees that any hiring of persons as a result of this contract must be on the basis of merit and
qualification and further that Contractor shall not discriminate on the basis of race, color, religion, creed,
political ideas, sex, age, marital status, physical or mental disability or national origin.
SECTION EIGHT
DEFAULT
If either party fails to comply with any term or condition of this Contract at the time or in the manner
provided for, the other party may, at its option, terminate this Contract and be released from all
obligations if the default is not cured within ten (10) days after written notice is provided to the
defaulting party. Said notice shall set forth the items to be cured. Additionally, the non-defaulting party
may bring suit for damages, specific performance, and any other remedy provided by law except for
punitive damages. The Parties hereby waive their respective claims for punitive damages. These
remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others.
Notices shall be provided in writing and hand-delivered or mailed to the parties at the addresses set
forth in the first paragraph of this Contract.
SECTION NINE
TERMINATION
Either party may terminate the contract for their convenience upon thirty days written notice sent
postage prepaid, to the addresses provided herein.
132
Page 4 of 5
SECTION TEN
GOVERNING LAW AND DISPUTE RESOLUTION
The Parties agree that the laws of the State of Montana govern this Contract. The Parties agree that
venue is proper within the Courts of Yellowstone County, Montana. If a dispute arises, the Parties,
through a representative(s) with full authority to settle a dispute, shall meet and attempt to negotiate a
resolution of the dispute in good faith no later than ten business days after the dispute arises. If
negotiations fail, the Parties may utilize a third party mediator and equally share the costs of the
mediator or file suit.
SECTION ELEVEN
ATTORNEY FEES
If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay to the
successful party, in addition to all sums that either is ordered to pay, a reasonable sum for the successful
party’s attorney’s fees and all costs charges and expenses related to the action.
SECTION TWELVE
ENTIRE AGREEMENT
This contract and its referenced attachment and Exhibit A contain the entire agreement and
understanding of the parties and supersede any and all prior negotiations or understandings relating to
this project. This contract shall not be modified, amended, or changed in any respect except through a
written document signed by each party’s authorized respective agents.
SECTION THIRTEENTH
ASSIGNMENT OF RIGHTS
The rights of each party under this Contract are personal to that party and ma y not be assigned or
transferred to any other person, firm, corporation, or other entity without the prior, express, and written
consent of the other party.
SECTION FOURTEEN
SEVERABILITY
Each provision, section, or subsection of this Contract shall stand separate and independent of every
other. In the event that a court of competent jurisdiction shall find any provision, section, or subsection
of this contract to be invalid, the remaining provisions, sections, and subsections of this contract shall
remain in full force and effect.
SECTION FIFTEEN
PARAGRAPH HEADINGS
The titles to the paragraphs of this contract are solely for the convenience of the parties and shall not be
used to explain, simplify, or aid in the interpretation of the provisions of this agreement.
133
5 of 5
SIGNED AND AGREED BY BOTH PARTIES ON THE 28th DAY OF MARCH 2023.
CITY OF LAUREL CONTRACTOR
___________________________________ __________________________
Dave Waggoner, Mayor Play Space Designs
ATTEST: Employer Identification Number
___________________________________ __________________________
Kelly Strecker, Clerk/Treasurer
134
morgan@goplayspace.com
(801) 274-0212
Morgan Selph
Prepared By:
2023-03-31
Expiration Date:
3/15/2023
Created or Revised Date:
00002932
Quote Number:
QUOTE
5698 S Shady Farm Lane
Murray, Utah 84107
801-274-0212
Please inventory product within 5 days of receipt and notify us of any problems.
We are a supplier only. Customer is responsible for accuracy and conformity to plans and specifications.
Freight has been quoted for single delivery. If customer requires multiple deliveries, additional costs will apply.
Customer will be prepared to receive material upon delivery, which may include offloading equipment. If unable, customer is
responsible for additional storage and/or re-consignment fees.
NOTES
50% Deposit - Net 30Payment Terms
Laurel, MontanaLocation
Laurel City Splash Pad - Phase 1Project Name
Qty Manufacturer Product Code Product Description Install Type Unit Price Discount Extended
Price
1 Waterplay 0011-2337 0011-2337 Geyser Plate High Flow
PPXL SS $166.25 10.00%$149.63
1 Waterplay 0010-0369 0010-0369 - FS Water O $2,775.00 10.00%$2,497.50
1 Waterplay 0010-5834 0010-5834 - FS Water Weaver 1 $3,040.00 10.00%$2,736.00
1 Waterplay 0010-5836 FS Water Weaver 3 $5,560.00 10.00%$5,004.00
1 Waterplay 0010-2321 FS O-Riginal Graphic
Required $4,200.00 10.00%$3,780.00
1 Waterplay 0010-0485 0010-0485 - FS Fun-Brella $2,385.00 10.00%$2,146.50
1 Waterplay 0010-1494 0010-1494 - FS Sneaky Spin Soaker 2 $9,060.00 10.00%$8,154.00
1 Waterplay 0010-5724 0010-5724 - FS Water Weaver 2 $2,490.00 10.00%$2,241.00
1 Waterplay 0011-0839 FS Hopper 1 $6,385.00 10.00%$5,746.50
2 Waterplay 0010-0403 0010-0403 - FS Splash Blaster $3,620.00 10.00%$6,516.00
1 Waterplay 0010-7475 GS Charlottes Web $785.00 10.00%$706.50
1 Waterplay 0010-9816 0010-9816 - GS Team Effect $4,745.00 10.00%$4,270.50
14 Waterplay 0010-0507 playPHASE Base $615.00 10.00%$7,749.00
2 Waterplay 0010-7493 0010-7493 - GS Mop Top $1,150.00 10.00%$2,070.00
2 Waterplay 0010-7496 GS Spray Tunnel 4 Steady Stream $2,100.00 10.00%$3,780.00
1 Waterplay 0011-1737 0011-1737 playPHASE Base XL $1,000.00 10.00%$900.00
2 Waterplay 0010-7489 GS Tulip $785.00 10.00%$1,413.00
135
morgan@goplayspace.com
(801) 274-0212
Morgan Selph
Prepared By:
2023-03-31
Expiration Date:
3/15/2023
Created or Revised Date:
00002932
Quote Number:
QUOTE
5698 S Shady Farm Lane
Murray, Utah 84107
801-274-0212
Please inventory product within 5 days of receipt and notify us of any problems.
We are a supplier only. Customer is responsible for accuracy and conformity to plans and specifications.
Freight has been quoted for single delivery. If customer requires multiple deliveries, additional costs will apply.
Customer will be prepared to receive material upon delivery, which may include offloading equipment. If unable, customer is
responsible for additional storage and/or re-consignment fees.
NOTES
1 Waterplay 0010-5845 PP Geyser High Flow Kit $280.00 10.00%$252.00
2 Waterplay 0010-7497 GS Spray Tunnel 8 Steady Stream $3,300.00 10.00%$5,940.00
1 Waterplay 0010-7466 GS Puddle 1 (light Blue or dark blue
only) $4,170.00 10.00%$3,753.00
1 Waterplay 0010-7483 0010-7483 GS Starlet Spray $785.00 10.00%$706.50
3 Waterplay 0010-7476 0010-7476 GS Confetti Spray $785.00 10.00%$2,119.50
1 Waterplay 0010-1854 Activator Power Post $2,540.00 10.00%$2,286.00
2 Waterplay 0010-5570 Install Jig EMB 63.75 CC Ship 77 $115.00 10.00%$207.00
1 Waterplay 0010-1954 0010-1954 - Controller Potable 12
Outputs $6,545.00 10.00%$5,890.50
1 Waterplay 0010-2244 0010-2244 - 16 Output Expansion Add
On $1,515.00 10.00%$1,363.50
1 Waterplay 000-2113 Surge Suppressor 60kA 120/240 1
Phase $840.00 10.00%$756.00
3 Waterplay DRA-00007 DRA-00007 - Drain 12 6IN Outlet Grey $375.00 10.00%$1,012.50
1 Waterplay PSF - W - Main
Ship PS Freight - Waterplay - Main Ship $2,000.00 0.00%$2,000.00
1 Waterplay PSF-Freight
Waterplay PS Freight - Waterplay - Pre-Ship $925.00 0.00%$925.00
1 Installation
Services
Playco Park
Builders
Playground and Splashpad Installation
Services $147,950.00 $147,950.00
1 Installation
Services
Playco Park
Builders Mobilization $4,775.00 $4,775.00
1 Installation
Services
Playco Park
Builders Travel expenses $11,675.00 $11,675.00
1 Installation
Services WET - FL Aquatic Engineering and Permitting
Services $7,500.00 $7,500.00
136
morgan@goplayspace.com
(801) 274-0212
Morgan Selph
Prepared By:
2023-03-31
Expiration Date:
3/15/2023
Created or Revised Date:
00002932
Quote Number:
QUOTE
5698 S Shady Farm Lane
Murray, Utah 84107
801-274-0212
Please inventory product within 5 days of receipt and notify us of any problems.
We are a supplier only. Customer is responsible for accuracy and conformity to plans and specifications.
Freight has been quoted for single delivery. If customer requires multiple deliveries, additional costs will apply.
Customer will be prepared to receive material upon delivery, which may include offloading equipment. If unable, customer is
responsible for additional storage and/or re-consignment fees.
NOTES
City, State, Zip Code:______________________________
Ship Address:____________________________________
Accepted Date:__________________________________
Shipping Contact Cell No.:___________________________
Shipping Contact Name:____________________________
Accepted By:____________________________________
Sourcewell Discount per Waterplay contract Number #010521-WTR
$258,971.63Grand Total
$0.00Sales/Use Tax
0.00%Tax Percentage
$258,971.63Total Cost
3.48%Discount
$268,321.25Subtotal
MEMO
137
File Attachments for Item:
5. Resolution - A Resolution Calling For An Election On Supplemental Funding For Public
Safety Services And Capital Needs For The City Of Laurel, Montana.
138
R23-____ Approving an Election on Supplemental Funding for Public Safety Services and Capital Needs
RESOLUTION NO. R23-_____
RESOLUTION CALLING FOR AN ELECTION ON SUPPLEMENTAL FUNDING
FOR PUBLIC SAFETY SERVICES AND CAPITAL NEEDS FOR THE CITY OF
LAUREL, MONTANA.
WHEREAS, the City of Laurel (hereinafter “the City”) has reviewed the funding costs
for the Emergency Services Department and the Police Department for the City;
WHEREAS, the City has determined that current funding levels for staffing for
Emergency Medical Services and Police Department services (hereinafter “Public Safety
Services”) in the City are insufficient;
WHEREAS, the City has also determined that current funding levels for the capital
needs of the City’s Public Safety Services, such as vehicles and related equipment (hereinafter
“the Capital Needs”), of the City are insufficient;
WHEREAS, the City is a public body and is authorized pursuant to Mont. Code Ann. §
15-10-425, as amended, to impose a new mill levy or exceed the mill levy limit provided for in
Mont. Code Ann. § 15-10-420 by conducting an election authorizing such new mill levy for
purposes determined by the City and the electors of the City approving any new levy;
WHEREAS, the City’s Public Safety Services are currently supported by the general
mill levy funds paid by the property owners in the City per year in the approximate amount of
$_________ million or _________ mills (not including capital expenses);
WHEREAS, the City Council has determined additional Public Safety Services and
Capital Needs are needed for the residents of the City;
WHEREAS, the City intends to establish an annual supplemental Public Safety levy,
permanently, in order to pay the ongoing and permanent costs associated with delivering
additional EMS services (currently anticipated to be used for the hiring of approximately
_______ additional EMS providers, the hiring of approximately ________ support personnel
for the EMS and Police Departments (including administrative support and a possible grant
writer), the hiring of an additional approximately _________ Police Officers, and the increase
of wages for approximately _____________ EMS and Police Department providers) and
helping to fund a portion of the costs of future Capital Needs of the City’s Public Safety
Departments;
WHEREAS, the City Council has determined that there is a need for a permanent levy
increase of _______ mills or approximately $_________________ (hereinafter “the Public
Safety Supplemental Levy”) to increase funding for Public Safety Services and Capital Needs,
to be adjusted annually subject to the limits established in Mont. Code Ann. § 15-10-420(1)(a),
for inflationary and new growth allowed in subsequent years; and
139
R23-____ Approving an Election on Supplemental Funding for Public Safety Services and Capital Needs
WHEREAS, Mont. Code Ann. §§ 15-10-420 and -425 authorize the City to request of
the voters in the City limits, as amended, an increase in mill levies over and above current
limitations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, as follows:
1. Calling of the Election. The City Council hereby calls and directs a mill levy
election for the Public Safety Supplemental Levy to be held on November 7, 2023 for the
purpose of voting on the following question: “Shall the City of Laurel, Montana, be authorized
to permanently raise approximately ______ mills or approximately $_______________
annually for the purpose of funding additional Public Safety services to provide EMS and
Police services, as well as fund capital and related equipment needs for the City’s EMS and
Police Departments? The permanent _______ mills or approximately $_____________ will
be adjusted annually, subject to the provisions of Mont. Code Ann. § 15-10-420(1)(a), after the
first year, allowing for inflationary growth and newly taxable growth. The impact of the Public
Safety Supplemental Levy on a residential home valued at $100,000 is $_______ for the first
year, and on a residential home valued at $200,000, it is $______ for the first year.
Introduced at a regular meeting of the City Council on the _____ day of March, 2023,
by Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the _____ day of
March, 2023.
APPROVED by the Mayor the _____ day of March, 2023.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
140
R23-____ Approving an Election on Supplemental Funding for Public Safety Services and Capital Needs
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
141