HomeMy WebLinkAboutResolution No. R2023-17 RESOLUTION NO. R2023-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, TEXAS,
ADOPTING THE CITY OF FRIENDSWOOD'S PERSONNEL POLICY MANUAL;DIRECTING
THE CITY MANAGER TO ADOPT ADMINISTRATIVE RULES CONSISTENT THEREWITH;
REPEALING THE CITY OF FRIENDSWOOD'S PERSONNEL POLICIES ADOPTED ON
DECEMBER 13, 1995, AND ALL AMENDMENTS THERETO; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council desires to update its policies governing employment with the City of
Friendswood in order to continue to maintain a workplace that is efficient,inclusive,responsive and respectful;and
WHEREAS,the policies contained in the City of Friendswood's Personnel Policy Manual(the"Manual")are
not intended(i)to create contractual rights regarding employment, termination or other personnel actions or(ii)to
give specific guidelines for every conceivable personnel action;and
WHEREAS, the Manual is to be a guide for resolving personnel matters and help ensure that decisions are
fair, consistent, and in accordance with all applicable laws and the desires of City Council and City Management;
and
WHEREAS,each employee should read and become familiar with the information contained in the Manual
herein adopted and the associated Administrative Rules, as failure to comply could result in disciplinary action, up
to and including termination;NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,STATE OF TEXAS:
Section 1. That the facts and matters set forth in the recitals of this resolution are hereby found to be
true and correct.
Section 2. That the City Council of the City of Friendswood hereby adopts the City of Friendswood's
Personnel Policies,which are attached hereto as Exhibit"A" and incorporated herein for all intents and purposes.
Section 3. That the City Council of the City of Friendswood directs the City Manager to adopt
Administrative Rules consistent with the policies adopted in Section 2 hereinabove.
Section 4. That the City Council of the City of Friendswood hereby repeals the City of Friendswood's
Personnel Policies,adopted on December 13, 1995,and all amendments thereto.
Section 5. That this resolution shall be effective immediately from and after its passage and approval
by the City Council of the City of Friendswood.
PASSED, APPROVED and ADOPTED by the affirma' vote of the City Council of the City of
Friendswood on this the 71 day of August,2023. •
MA ,Mayor
A T: OF ;KISNQs`'L
OO
LETICIA BRYSCH,City
APPROVED AS TO FORM: C-D
J
N L. RNER,City Attorney OF
HACity Council\Resolutions\2023\0"7-2023\Resolution-Personnel Poliamdocx
Exhibit "A"
r
City of Friendswood
Personnel Policy Manual
TABLE OF CONTENTS
Chapter 1 Introduction
1.01 In General...........................................................................................................................7
1.02 Purpose of the Personnel Policy.........................................................................................7
1.03 At-Will Employment..........................................................................................................7
1.04 Management Authority.......................................................................................................8
1.05 Construction........................................................................................................................8
1.06 Effective Date.....................................................................................................................8
1.07 Responsibilities...................................................................................................................8
a. City Manager.........................................................................................................8
b. Director of Human Resources................................................................................8
C. Department Directors.............................................................................................8
d. Employees..............................................................................................................9
1.08 Applicability.......................................................................................................................9
1.09 Departmental Standards......................................................................................................9
Chapter 2 Equal Opportunity Employer
2.01 In General......................................................................................................................... 10
2.02 Equal Opportunity............................................................................................................. 10
a. Program................................................................................................................ 10
b. Implementation.................................................................................................... 10
C. Responsive Actions..............................................................................................10
Chapter 3 Respectful Workplace
3.01 Discrimination&Retaliation-Free Work Environment....................................................I I
a. Policies.................................................................................................................II
(1) Discrimination-free Workplace..............................................................11
(2) Retaliation-Free Workplace....................................................................11
(3) ADA-Compliant Workplace...................................................................11
(4) Pregnant Workers Fairness Workplace...................................................11
(5) PUMP Act-Compliant Workplace..........................................................12
b. Responsive Actions..............................................................................................12
(1) Employees...............................................................................................12
(2) Requests for Accommodations...............................................................12
(3) Supervisors.............................................................................................12
(4) Investigation...........................................................................................12
(5) Disciplinary Action.................................................................................12
(6) Retaliation Prohibited.............................................................................12
3.02 Harassment-Free Work Environment...............................................................................13
a. Policy...................................................................................................................13
b. Prohibited Conduct..............................................................................................13
C. Responsive Actions..............................................................................................14
Table of Contents I 1
(1) Employees...............................................................................................14
(2) Supervisors.............................................................................................14
(3) Investigation...........................................................................................14
(4) Disciplinary Action.................................................................................14
(5) Retaliation Prohibited.............................................................................14
3.03 Sexual-Harassment-Free Work Environment...................................................................14
a. Policy...................................................................................................................14
b. Prohibited Conduct..............................................................................................15
C. Actions.................................................................................................................15
(1) Employees...............................................................................................15
(2) Supervisors.............................................................................................15
(3) Investigation...........................................................................................16
(4) Discipline................................................................................................ 16
(5) Retaliation Prohibited.............................................................................16
Chapter 4 Recruitment and Employment
4.01 Vacancies..........................................................................................................................17
4.02 Applications......................................................................................................................17
4.03 Evaluation and Selection of Applicants............................................................................17
4.04 Disqualification.................................................................................................................17
4.05 Promotions........................................................................................................................17
4.06 Temporary Promotions.....................................................................................................18
4.07 Transfers...........................................................................................................................18
4.08 Demotions.........................................................................................................................18
4.09 Re-Employment................................................................................................................19
4.10 Authority of Appointment.................................................................................................19
4.11 Types of Appointments.....................................................................................................19
4.12 Nepotism...........................................................................................................................20
a. Definitions...........................................................................................................20
(1) Relationships by Consanguinity(Blood)................................................21
(2) Relationships by Affinity(Marriage)......................................................21
b. Prohibition...........................................................................................................21
(1) Relatives of Local Elected Officials and the City Manager....................21
(2) Relatives of City Employees...................................................................21
C. Disclosures...........................................................................................................22
d. Exception.............................................................................................................22
e. Application..........................................................................................................22
4.13 Residence..........................................................................................................................22
4.14 Medical Examinations......................................................................................................22
4.15 Age Requirements.............................................................................................................23
4.16 Immigration Law Requirements.......................................................................................23
4.17 Probation...........................................................................................................................23
a. Probationary Period Established..........................................................................23
b. Extension of Probationary Period........................................................................24
C. Failure of Probationary Period.............................................................................24
4.18 New Employee Processing and Orientation.....................................................................24
Table of Contents 12
Chapter 5 Compensation and Work Hours
5.01 Salary Policy.....................................................................................................................25
a. Official Job Titles................................................................................................25
b. Salary Pay Grades/Ranges...................................................................................25
C. Pay for Performance............................................................................................25
d. Longevity Pay......................................................................................................25
C. Certification Pay..................................................................................................25
f. Separation Pay.....................................................................................................26
5.02 Advance Pay.....................................................................................................................26
5.03 Record Keeping................................................................................................................26
5.04 Release of Payroll Checks................................................................................................26
5.05 Hours Worked...................................................................................................................26
5.06 Overtime...........................................................................................................................27
5.07 Compensatory Time Agreement("Comp Time").............................................................27
5.08 FLSA Flex Time...............................................................................................................27
5.09 Exempt Employees...........................................................................................................27
5.10 Call-Out Time...................................................................................................................28
5.11 Travel and Training Time.................................................................................................28
5.12 Hours of Work..................................................................................................................28
Chapter 6 Employee Development
6.01 Performance Management................................................................................................29
6.02 Performance Evaluation Review.......................................................................................29
6.03 Training.............................................................................................................................29
a. In General ............................................................................................................29
b. Human Resources Responsibility........................................................................29
C. Employee and Supervisor Responsibility............................................................30
Chapter 7 Benefits
7.01 Employee Health,Welfare and Development...................................................................31
7.02 Holidays............................................................................................................................31
a. Holidays Recognized...........................................................................................31
b. Payment and Eligibility.......................................................................................32
7.03 Vacation Leave.................................................................................................................33
a. Amount Earned per Service Period......................................................................33
b. Computation ........................................................................................................33
C. Approval Required...............................................................................................33
d. Ineligibility ..........................................................................................................34
e. Non-Accrual ........................................................................................................34
f. Conversion of Vacation Leave to Sick Leave......................................................34
g. Separation............................................................................................................34
7.04 Sick Leave.........................................................................................................................34
a. Use of Sick Leave................................................................................................34
b. Amount Earned....................................................................................................35
C. Non-accrual..........................................................................................................35
d. Sick Leave Accruals............................................................................................35
Table of Contents 13
e. Sick Leave Payment.............................................................................................35
f. Notice to Department...........................................................................................35
g. Abuse of Leave Time...........................................................................................35
h. Exhaustion of Benefit..........................................................................................36
7.05 Donating Vacation or Sick Leave.....................................................................................36
7.06 Personal Leave..................................................................................................................36
7.07 Paid Parental Leave..........................................................................................................37
a. Generally..............................................................................................................37
b. Amount of Paid Parental Leave...........................................................................37
C. Qualifying Event..................................................................................................37
d. Eligibility.............................................................................................................37
e. Restrictions..........................................................................................................37
f. Pay Considerations..............................................................................................37
g. Expiration of Benefit...........................................................................................38
h. Periodic Reports...................................................................................................38
i. Return to Work Requirement...............................................................................38
7.08 Family and Medical Leave................................................................................................38
a. Generally..............................................................................................................38
b. Employee Eligibility............................................................................................38
C. Reinstatement.......................................................................................................40
d. Spouses Employed By The City..........................................................................40
7.09 Paid Absences...................................................................................................................41
a. Training and Development..................................................................................41
b. Civic Duty(Voting).............................................................................................41
C. Jury Duty.............................................................................................................41
d. Witness ................................................................................................................41
e. Bereavement Leave..............................................................................................42
f. Emergency Situations..........................................................................................42
7.10 Leave Without Pay............................................................................................................43
a. Religious Observance..........................................................................................43
b. USERRA Leave...................................................................................................43
7.11 On-The-Job Injury Leave..................................................................................................44
7.12 Paid Quarantine Leave Policy for Peace Officers and Emergency Medical Technicians 45
a. Definitions...........................................................................................................45
b. Paid Quarantine Leave.........................................................................................45
C. No Reduction in Compensation and Benefits during Leave................................45
7.13 Mental Health Leave for Peace Officers and Telecommunicators...................................46
a. Definitions...........................................................................................................46
b. Mental Health Leave............................................................................................47
1. Leave.......................................................................................................47
2. Hours of Leave Afforded........................................................................47
3. Return to Work.......................................................................................48
C. Impact on Benefits and Other Leave...................................................................48
d. Confidentiality.....................................................................................................48
Table of Contents 14
C. Other Employment during Leave Prohibited.......................................................48
7.14 Education Reimbursement................................................................................................49
7.15 Mandatory Continuing Education.....................................................................................49
7.16 Retirement Benefits..........................................................................................................49
Chapter 8 Personnel Files/Privacy
8.01 Personnel Files..................................................................................................................50
8.02 Employee Privacy.............................................................................................................50
8.03 Confidentiality of Medical Information............................................................................50
a. Medical Information Separated...........................................................................50
b. Waiver of Confidentiality....................................................................................51
C. Employees'responsibilities..................................................................................51
d. Genetic Information Nondiscrimination Act.......................................................51
e. Unauthorized disclosure......................................................................................52
Chapter 9 Adverse Incidents
9.01 Purpose..............................................................................................................................53
9.02 Adverse Incident...............................................................................................................53
9.03 Scope.................................................................................................................................53
9.04 Impact Periods..................................................................................................................53
a. Pre-Impact Period................................................................................................53
b. Impact Period.......................................................................................................53
9.05 Employee Status...............................................................................................................54
a. Emergency Non-Essential....................................................................................54
b. Emergency Essential............................................................................................54
9.06 Emergency Duty Assignment...........................................................................................54
Chapter 10 Conduct
10.01 Attendance........................................................................................................................55
10.02 Tardiness...........................................................................................................................55
10.03 Absence Without Leave....................................................................................................55
10.04 Work Performance............................................................................................................55
10.05 Safety Standards...............................................................................................................55
10.06 Political Activity...............................................................................................................55
10.07 Solicitation........................................................................................................................56
10.08 Secondary Employment....................................................................................................57
10.09 Compliance with Ethical Standards..................................................................................58
a. Acceptance of Gifts.............................................................................................58
b. Disclosure of Information....................................................................................58
C. Abuse of City Property........................................................................................58
d. Misconduct and Dishonesty.................................................................................59
10.10 Alcohol and Drugs............................................................................................................59
a. Purpose................................................................................................................59
b. Screenings............................................................................................................59
Table of Contents 15
(1) Pre-employment Screening.....................................................................59
(2) Reasonable Suspicion Testing,Post Incident/Accident Testing,Random
Testing For Safety Sensitive Positions................................................................60
C. Rehabilitation Program........................................................................................60
10.11 Violations of Law.............................................................................................................60
10.12 Tobacco-Free Workplace..................................................................................................61
10.13 Social Media.....................................................................................................................61
10.14 Electronic Mail,Software Compliance,and Intranet/Internet Usage...............................61
10.15 Dress Code........................................................................................................................62
Chapter 11 Discipline and Appeals
11.01 Grounds for Disciplinary Action......................................................................................63
11.02 Progressive Discipline......................................................................................................63
a. Verbal Warning/Counseling................................................................................63
b. Written Reprimand..............................................................................................63
C. Disciplinary Probation.........................................................................................63
d. Suspension...........................................................................................................64
e. Reduction in Pay..................................................................................................64
f. Demotion.............................................................................................................64
g. Termination..........................................................................................................64
h. Other....................................................................................................................64
11.03 Notice of Disciplinary Action...........................................................................................65
11.04 Result of Disciplinary Action...........................................................................................65
11.05 Appeal of Disciplinary Action..........................................................................................65
a. Standing to Appeal...............................................................................................65
b. Disciplinary Actions not Subject to Appeal.........................................................65
C. Appeal to the City Manager.................................................................................65
d. Adherence to Deadlines.......................................................................................65
Chapter 12 Separation from Employment and Reinstatement
12.01 Separation from Employment...........................................................................................67
a. Separation Processing..........................................................................................67
b. Types of Separation.............................................................................................67
(1) Resignation.............................................................................................67
(2) Reduction in Force..................................................................................67
(3) Incapacity................................................................................................67
(4) Job Abandonment...................................................................................67
(5) Retirement...............................................................................................68
(6) Termination.............................................................................................68
(7) Death.......................................................................................................68
12.02 Reinstatement....................................................................................................................68
a. Employees Return Following a Reduction in Force............................................68
b. Return from USERRA Leave..............................................................................68
Table of Contents 16
City of Friendswood Personnel Policy Manual
INTRODUCTION
Effective Date: August 7, 2023
Revision Date: Chapter 1
1.01 In General
This manual contains personnel policies governing employment with the City of Friendswood.The
purpose of this manual is to provide employees with a comprehensive source of information on the
policies and procedures to be followed.The policies themselves are designed to create a workplace
that is efficient,inclusive,responsive,and respectful.
There are two main documents that govern matters of personnel for the City of Friendswood:this
Personnel Policy Manual and the Administrative Rules(in a separate document).Personnel policies
are developed by the Human Resources Department and must be approved by the City Council to
take effect. These policies cover appointments, benefits, standards of conduct, termination, and
other issues tied to employment instead of job tasks. Administrative Rules are developed by the
Human Resources Department and approved by the City Manager. Administrative Rules deal
mostly with on-the-job activities and procedures.
Each employee should read and become familiar with the information contained in this Personnel
Policy Manual. Failure to comply with this Personnel Policy Manual and/or the Administrative
Rules may result in discipline,up to and including termination.
1.02 Purpose of the Personnel Policy
The purpose of the City's Personnel Policy is to provide a consistent guide to personnel actions
involving City employees. It is not intended to create contractual rights regarding employment,
termination or other personnel actions. It is not intended to give specific guidelines for every
conceivable personnel action, but rather to be a guide for resolving personnel matters. This
document is sufficiently broad to provide the latitude of discretion which may be needed in
individual situations.This Policy should be referred to regularly when making decisions affecting
City personnel.It will help to ensure that decisions are fair,consistent,and in accordance with the
desires of City management.
1.03 At-Will Employment
EMPLOYMENT WITH THE CITY IS FOR NO FIXED OR DEFINITE TERM. ALL
EMPLOYMENT BY THE CITY HAS BEEN AND CONTINUES TO BE AT-WILL,
EXCEPT FOR THOSE POSITIONS THAT MAY HAVE A WRITTEN CONTRACT
APPROVED BY THE CITY COUNCIL. NOTHING IN THIS POLICY OR IN ANY
ADMINISTRATIVE OR DEPARTMENTAL RULE CAN BE CONSTRUED TO
CONTRADICT THE RIGHT TO THE EMPLOYEE OR THE RIGHT OF THE
EMPLOYER TO TERMINATE EMPLOYMENT AT ANY TIME,WITH OR WITHOUT
NOTICE,AND WITH OR WITHOUT CAUSE.
THIS PERSONNEL POLICY MANUAL NEITHER CONSTITUTES A CONTRACT OF
EMPLOYMENT NOR CREATES A PROPERTY INTEREST IN EMPLOYMENT WITH
THE CITY.NOTHING IN THIS POLICY IS INTENDED TO OR SHALL,IN ANY WAY,
ALTER THE CONTINUING AT-WILL STATUS OF EMPLOYMENT WITH THE CITY.
Personnel Policy 7
City of Friendswood Personnel Policy Manual
INTRODUCTION
Effective Date: August 7, 2023
Revision Date: Chapter 1
1.04 Management Authority
The City may modify,revoke,suspend,interpret,terminate,or change any or all of its policies and
procedures,in whole or in part,at any time,with or without notice.Policy administration rests with
City management and City management reserves sole authority to administer City operations. Oral
statements or representations do not supplement,change,or modify the provisions in this Manual.
As used in this Personnel Policy Manual references to "City management" shall mean the City
Manager unless the context clearly indicates a different meaning.
1.05 Construction
If any provision of this personnel policy or the administrative rules is construed to be illegal or
invalid,this will not affect the legality or validity of any of the provisions hereof.The illegal or
invalid provisions will be deemed stricken and deleted to the same extent and effect as if never
incorporated herein. Titles of the various sections and subsections contained this policy and in
the administrative rules are for reference only,and therefore,have no effect in construing either,
as the captions are not restrictive of the subject matter of any such section or subsection.Words
of any gender used in this policy and/or in the administrative rules shall be held and construed to
include any other gender,and words m the singular number shall be held to include the plural,
and vice versa,unless context requires otherwise.
1.06 Effective Date
This policy manual supersedes any and all previous personnel policy manuals approved or utilized
by the City of Friendswood and becomes effective August 7,2023.
1.07 Responsibilities
a. City Manager
The general and final authority for human resource management rests with the City
Manager,who may delegate it as necessary and proper, except for matters reserved to the
City Council by State law or City Charter.
b. Director of Human Resources
The Director of Human Resources shall advise and support management in all areas,
including employee-management relations; training and career development;
classification; compensation; benefits; retirement programs; and employee health, safety,
and morale. The Director of Human Resources is delegated the responsibility for
developing,administering,interpreting and maintaining the Personnel Policy Manual and
the Administrative Rules.
C. Department Directors
Department directors are responsible for enforcing these policies and for cooperating with
the Director of Human Resources and their designee(s) on all matters pertinent to their
organizational units. Department directors are responsible for maintaining a current copy
of the policies in a form that is accessible and available to all employees in their
department.
Personnel Policy 18
City of Friendswood Personnel Policy Manual
INTRODUCTION
Effective Date: August 7, 2023
Revision Date: Chapter 1
d. Employees
All employees have the responsibility to be familiar with and to abide by the Personnel
Policy Manual and the Administrative Rules.
1.08 Applicability
These personnel policies shall apply to all City employees, including full-time employees, part-
time employees, temporary/seasonal employees, except where these policies may be in conflict
with federal, state, or local legislation. Enforcement of these policies is handled in the manner
prescribed by the individual policies.
1.09 Departmental Standards
These policies relate only to matters of personnel management and do not include any departmental
procedures, standard practices, standing orders, or other technical matters. Supplemental rules for
all City departments may be developed within the respective departments so long as these
departmental policies do not conflict with City personnel policies and procedures. Prior to
implementation,all departmental policies should be submitted to the Director of Human Resources
(or designee) to ensure consistency with existing policies and rules. Departmental Directors may
partner with Human Resources to develop policies that align business needs with applicable
standards.
Personnel Policy 19
City of Friendswood Personnel Policy Manual
EQUAL OPPORTUNITY EMPLOYER
Effective Date: August 7,2023
Revision Date: Chapter 2
2.01 In General
The City of Friendswood is an Equal Opportunity Employer of qualified individuals. The City
commits that all applicants and employees will be treated equally without regard to race, color,
religion, sex (including pregnancy, childbirth, or related medical conditions), sexual orientation,
gender identity,national origin,age,disability,genetic information,or any other factors,which are
protected under applicable federal,state,or local law and which are not related to individual ability,
job performance and potential to develop in the workplace.The only exceptions are based on bona
fide occupational qualifications.
2.02 Equal Opportunity
a. Program
The City has developed programs to ensure that employment decisions will be made to
further the principle of equal employment opportunity. Employment actions include,but
shall not be limited to, recruitment, employment, benefits, promotions, demotions,
transfers, leaves of absence, layoffs, terminations, rate of pay or other forms of
compensation,selection for training,and social and recreation programs.
b. Implementation
To implement the necessary programs, the City Manager has assigned overall program
responsibility to the Director of Human Resources to monitor all personnel activities
occurring within the City.
C. Responsive Actions
An employee or applicant with an equal opportunity related concern or complaint is
encouraged to confidentially discuss the matter with the Human Resources Director or
designee for advice, evaluation, and if warranted, investigation. Complaints shall be in
writing and shall be as detailed as possible,including the names of all individuals involved
and any witnesses. The City takes its commitment to equal opportunity very seriously and
believes that it is the responsibility of all employees to assist the City in meeting its goals
through the development of a qualified, diversified workforce. No one will be subject to
and the City prohibits any form of discipline,reprisal,intimidation or retaliation for good
faith reports or complaints or incidents of discrimination of any kind, pursuing any
discrimination claim, or cooperating in related investigations. The City will take
disciplinary actions against individuals identified as discriminating or harassing any
individuals in violation of this policy. In the same manner, actions will be taken against
individuals making false accusations due to the seriousness of the subject.
Personnel Policy 110
City of Friendswood Personnel Policy Manual
RESPECTFUL WORKPLACE
Effective Date: August 7, 2023
Revision Date: Chapter 3
3.01 Discrimination& Retaliation-Free Work Environment
a. Policies
(1) Discrimination-free Workplace
All City employees are entitled to a work environment free from discrimination
and retaliation. Discriminatory treatment occurs when an individual uses a
protected class (groups protected from employment discrimination by law) as a
basis for an adverse employment action or decision.This policy covers allegations
of race, color, religion, sex (including pregnancy, childbirth, or related medical
conditions), sexual orientation,gender identity,national origin,age,disability,or
genetic information discrimination in promotion, transfer, compensation, tern,
conditions,or privileges of employment.
(2) Retaliation-Free Workplace
This policy also covers claims that an employee is being retaliated against for
reporting a violation of law (whistleblower), opposing unlawful discriminatory
employment practices, making a good faith complaint under this policy, or for
participating in the investigation of such a complaint.
(3) ADA-Compliant Workplace
The City recognizes that Title I of the Americans with Disability Act of 1990
(ADA) and subsequent ADA Amendments Act of 2008 (ADAAA) prohibit
covered employers from discriminating against a "qualified individual with a
disability in any term,condition,or privilege of employment." The City has made
a full commitment that it will not discriminate against any individual with a
disability who, with or without reasonable accommodation, can perform the
essential functions of the employment position that such individual holds or
desires.Furthermore,the City will make"reasonable accommodations"as long as
it does not cause an"undue hardship" (as defined by the regulations)for the City.
The City will engage in an interactive process with both current employees and job
applicants, as further set forth in the Administrative Rules, so that the individual
with a disability can enjoy equal benefits and privileges of employment.
(4) Pregnant Workers Fairness Workplace
The City will provide reasonable accommodations to employees and applicants
with limitations related to pregnancy, childbirth or related medical conditions,
unless the requested accommodation(s)will cause an undue hardship on the City.
The City will engage in an interactive process with both current employees and job
applicants as further set forth in the Administrative Rules, so that the pregnant
individual can enjoy equal benefits and privileges of employment.
Personnel Policy 111
City of Friendswood Personnel Policy Manual
RESPECTFUL WORKPLACE
Effective Date: August 7, 2023
Revision Date: Chapter 3
(5) PUMP Act-Compliant Workplace
The City is committed to compliance with the PUMP Act and shall allow
employees reasonable break times to express breast milk for their nursing child for
one year after the child's birth when needed to express the milk. The City shall
provide employees a place to pump at work, other than a bathroom, which is
shielded from view and free from intrusion from co-workers and the public.
b. Responsive Actions
(1) Employees
Every City employee shall support and enforce the policies set forth in subsection
(a)of this section.
(2) Requests for Accommodations
Any person seeking an accommodation should contact the Human Resources
Department.
(3) Supervisors
Supervisors are accountable and have an obligation to pursue a discrimination-free
and retaliation-free workplace environment. Supervisors who observe or know of
a discriminatory or retaliatory situation, and fail to take corrective action,may be
disciplined even if the behavior is not taking place in their work unit.
(4) Investigation
The City will investigate every report of an alleged incident made in the workplace
and will take appropriate action.All reports should be made in writing and should
be submitted as soon as possible after an incident has occurred. The result of that
action may range from informal counseling to disciplinary action, up to and
including termination,the first time such behavior occurs.
(5) Disciplinary Action
The City considers discrimination and retaliation to be grave acts of misconduct
and may subject the perpetrator to disciplinary action up to and including
termination. Prior incidents of discrimination or retaliation may be considered
when assessing the facts and circumstances of a later complaint.
(6) Retaliation Prohibited
Retaliation, in any form, against an employee for reporting a complaint in good
faith under this policy, or for assisting in the investigation of such a complaint is
prohibited.
Personnel Policy 112
City of Friendswood Personnel Policy Manual
RESPECTFUL WORKPLACE
Effective Date: August 7, 2023
Revision Date: Chapter 3
3.02 Harassment-Free Work Environment
a. Policy
All City employees are entitled to a workplace free from unlawful harassment by
management, supervisors, co-workers, elected officials, volunteers, citizens, and other
third parties. The City of Friendswood will not condone and will not tolerate harassment
of any of its employees on the basis of race, color, religion, sex (including pregnancy,
childbirth, or related medical conditions), sexual orientation, gender identity, national
origin, age, disability, gender genetic information, or any other characteristic protected
under applicable federal, state, or local law. (Sexual Harassment shall be dealt with in
accordance with Section 3.03).City employees are also prohibited from harassing citizens,
vendors,and all other third parties.
b. Prohibited Conduct
Behavior constitutes harassment when it is unwelcome and unsolicited, offends or
otherwise causes distress,and is undertaken because of an individual's protected status.
Harassment creates a negative atmosphere that reduces work productivity and morale,
undermines the integrity of the workplace, and destroys professionalism. Harassment
includes any unwelcome, unsolicited and/or unwanted behavior towards management,
supervisors, co- workers, elected officials, volunteers, citizens, and other third parties,
which offends,humiliates,embarrasses, intimidates, or otherwise causes distress because
of a person's race,color,religion,sex(including pregnancy,childbirth,or related medical
conditions), sexual orientation, gender identity,national origin,age, disability, or generic
information,as well as any other category protected by federal,state,or local laws.
Prohibited conduct includes,but is not limited to, (i)verbal harassment, such as epithets,
derogatory statements,slurs,derogatory comments,or jokes;(ii)physical harassment,such
as assault or inappropriate physical contact; (iii) visual harassment, such as displaying
derogatory posters, cartoons, or drawings, or making derogatory gestures; (iv) online
harassment, such as derogatory statements or sexually suggestive postings in any social
media platform.
Harassment is prohibited both at the workplace and at City-sponsored events.
Good faith employment actions do not constitute harassment. Good faith employment
actions by a supervisor or manager such as, offering constructive feedback or criticism,
holding employees accountable, and providing discipline, where appropriate, do not
constitute,and should not make for,harassment or retaliation.These employment actions
are aimed at enhancing workplace productivity and/or addressing work performance and
are within the responsibilities and obligations of all supervisors and managers.
Personnel Policy 13
City of Friendswood Personnel Policy Manual
RESPECTFUL WORKPLACE
Effective Date: August 7, 2023
Revision Date: Chapter 3
C. Responsive Actions
(1) Employees
Every City employee shall support and enforce this policy.
(2) Supervisors
Supervisors are accountable and have an obligation to pursue a harassment-free
workplace environment. Supervisors who observe or know of a harassment
situation,and fail to take corrective action,may be disciplined even if the behavior
is not taking place in their work unit.
(3) Investigation
The City will investigate every report of an alleged incident made in the workplace
and will take appropriate action.Every report should be made in writing and should
be submitted as soon as possible after an incident has occurred. The result of that
action may range from informal counseling to disciplinary action, up to and
including termination,the first time such behavior occurs.
(4) Disciplinary Action
The City considers harassment and retaliation to be grave acts of misconduct and
may subject the perpetrator to disciplinary action up to and including termination.
Prior incidents of harassment may be considered when assessing the facts and
circumstances of a later complaint.
(5) Retaliation Prohibited
Retaliation, in any form, against an employee for reporting a complaint in good
faith under this policy,or for assisting in the investigation of such a complaint,is
prohibited.
3.03 Sexual-Harassment-Free Work Environment
a. Policy
The City of Friendswood prohibits sexual harassment of its employees by management,
supervisors, co-workers, elected officials, volunteers, citizens, and other third parties,
based upon that individual's sex (including pregnancy, childbirth, or related medical
conditions), sexual orientation or gender identity and regardless of the harasser's sex or
gender. Sexual harassment negatively affects morale,motivation,and job performance. It
is inappropriate,offensive,illegal and will not be tolerated.
We trust that the employees will act responsibly to maintain a pleasant working
environment,free of discrimination,allowing each employee to perform to their maximum
potential. The City encourages any employee to bring questions they may have regarding
discrimination of this type to the Human Resources Director or designee for guidance and
clarification.
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Effective Date: August 7, 2023
Revision Date: Chapter 3
b. Prohibited Conduct
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature constitute sexual harassment when:
➢ submission to such conduct is either expressed or implied as a term or condition of
an individual's employment;
➢ submission to or rejection of such conduct by an individual is used as the basis for
employment decisions affecting such individual;or
➢ such conduct has the purpose or effect of unreasonably interfering with an
individual's work performance or creating an intimidating, hostile, or offensive
work environment.
Prohibited conduct includes,but is not limited to, (i)unwelcome verbal behavior such as
epithets,derogatory statements,slurs,sexually-related comments or jokes;(ii)unwelcome
sexual advances or requests for sexual favors; (iii) physical behavior, such as assault or
inappropriate physical contact; (iv) unwelcome visual harassment, such as displaying
sexually suggestive posters, cartoons, or drawings, sending inappropriate adult-themed
gifts, leering, or making sexual gestures; (v) online harassment, such as derogatory
statements or sexually suggestive postings in any social media platform; (vi) basing
employment decisions(such as an employee's performance evaluations,work assignments,
or advancement)upon the employee's acquiescence to sexually harassing behavior in the
workplace.
C. Actions
(1) Employees
Every City employee shall support and enforce this policy.Any employee who is
aware of any instances of sexual harassment shall report the alleged act
immediately using the processes outlined in the Administrative Rules. If the
employee is uncomfortable in discussing the matter with the supervisor or if the
supervisor is not available,the employee shall report the alleged act immediately
to the Human Resources Director or designee.
(2) Supervisors
Supervisors are accountable and have an obligation to ensure that their employees
are afforded the opportunity to work in an environment that is free from sexually
discriminatory insults, ridicule, intimidation or other types of harassment. The
condoning of a hostile workplace by a supervisor is not conducive to the spirit and
intent of the City's commitment to ensuring fair and equal treatment of employees.
Supervisors who observe or know of a discriminatory or retaliatory situation,and
fail to take corrective action,may be disciplined even if the behavior is not taking
place in their work unit. Supervisors and managers who receive a sexual
harassment complaint should contact the Director of Human Resources
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Effective Date: August 7, 2023
Revision Date: Chapter 3
(3) Investigation
All complaints will be investigated promptly,impartially,and discreetly and,upon
completion of the investigation, the appropriate parties will be notified
immediately of the findings.All complaints should be made in writing and should
be submitted as soon as possible after an incident has occurred.
(4) Discipline
Any supervisor, manager, director, or other employee who violates this policy is
subject to disciplinary action,up to and including termination. Appropriate action
will be taken with outside parties who are in violation of this policy.
Any employee who refuses to cooperate in the investigation, or who files a
complaint of sexual harassment in bad faith, will be subject to disciplinary action
up to and including termination.
(5) Retaliation Prohibited
Retaliation, in any form, against an employee for reporting a complaint in good
faith under this policy,or for assisting in the investigation of such a complaint, is
prohibited.
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RECRUITMENT AND EMPLOYMENT
Effective Date: August 7, 2023
Revision Date: Chapter 4
4.01 Vacancies
Departments shall notify Human Resources when a vacancy occurs in their department so that the
Human Resources can assist the Department in order to attract and recruit high quality staff that
works well within our values-based organization, which promotes and supports the core values of
Trustworthy, Responsible,Accountable,and Quality.
4.02 Applications
Completed applications for employment must be submitted through the system of record during
the specified job posting period.
4.03 Evaluation and Selection of Applicants
Consistent with equal opportunity employment practices, every applicant for a vacancy shall be
given due consideration. The Department Director, in coordination with the Director of Human
Resources, as appropriate, shall determine the most effective means of evaluating applicants
considering the job descriptions and job requirements.
Reference checks, interviews, pre-employment physical examination, background investigations,
written tests, and/or other screening procedures may be used to select the best qualified person for
the position.
4.04 Disqualification
An applicant may be disqualified from consideration if the applicant:
➢ does not meet the qualifications necessary for the duties of the position;
➢ has made a false statement of material fact on the application form or supplements;
➢ has committed or attempted to commit a fraudulent act at any stage of the selection
process;
➢ is not legally permitted to work; and/or
➢ does not successfully complete all pre-employment procedures which include,but are
not limited to:
➢ background investigation;
➢ physical,including drug screen; and
➢ driving record check.
Any applicant may be disqualified from consideration upon other reasonable grounds relating to
job requirements.
4.05 Promotions
A promotion is defined conceptually as the assumption of new job duties and responsibilities that
are higher in character and scope than in the previous job. Compensation adjustments will be
determined in conjunction with Human Resources and applicable compensation practices.
Employees shall be in their current position for six months before they are eligible for a promotion.
However, this time requirement may be waived by the Department Director, in coordination with
the Director of Human Resources, if the promotion/transfer would be in the overall best interest of
the City.
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Effective Date: August 7, 2023
Revision Date: Chapter 4
All promotions and promotional increases should be coordinated with the Director of Human
Resources. Departments involved in a promotion involving the transfer of an employee from one
department to another shall mutually agree on a date of the action. The maximum amount of time
should be two weeks, unless extenuating circumstances exist; and at that time, it will be a City
management decision in coordination with the Director of Human Resources.
A six(6)month probationary period shall be served in the new position.
4.06 Temporary Promotions
A temporary promotion may be authorized to ensure the proper performance of City functions if a
position is vacant or its regular incumbent is absent for more than two(2)consecutive pay periods.
Employees so promoted shall be additionally compensated for the duration of their assignments in
amounts to be determined by the Department Director,in coordination with the Director of Human
Resources.
Temporary promotions shall not be used to circumvent normal selection procedures. The
employees involved shall not acquire any status or rights in the position to which temporarily
promoted except as provided above.
Nothing herein shall be construed to prevent the assignment of additional duties to an employee
without additional compensation. Authorized additional compensation shall be paid only in cases
of formal temporary promotion effected in accordance with these rules.
4.07 Transfers
A transfer is defined conceptually as the assignment of an employee from one position to another
position of the same or similar grade. Transfers may be made administratively or in conjunction
with an announced selection process. An interdepartmental transfer may occur at any time for
administrative convenience or upon request of the employee, as approved by the Department
Director in coordination with the Director of Human Resources, provided that the employee is
qualified to perform the duties of the position to which transfer is contemplated.
Departments involved in the transfer shall mutually agree on a date of the action. The maximum
amount of time should be two weeks unless extenuating circumstances exist; and at that time, it
will be a City management decision, in coordination with the Director of Human Resources.
A six(6)month probationary period shall be served in the new position.
4.08 Demotions
A demotion is the assignment of an employee from a position in one classification to a position in
another classification having a lower salary grade.
An employee may be administratively demoted at their own request,provided a position in a lower
salary grade is available.The demotion will be approved by the Department Director,in connection
with the Director of Human Resources; and the incumbent must be qualified to perform the duties
of the lower-level position. Such demotions shall not be considered disciplinary actions or
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Effective Date: August 7, 2023
Revision Date: Chapter 4
disqualify the employee involved from consideration for later advancement.Demotions effected as
alternatives to layoffs may be fully or partially rescinded at any time.
Salary may be affected by a demotion and an employee may be required to start at the entry level
of the lower position or at a set percentage above entry level,based on skills and experience.
A six(6)month probationary period shall be served in the new position.
4.09 Re-Employment
To be considered for re-employment, a former employee must have demonstrated acceptable
performance in their prior service with the City and must meet the minimum qualifications for the
position for which they are applying. A former employee will not be eligible for re-hire with the
City for six(6)months after the date of separation from the City except in the following instances:
➢ The former employee was laid off due to a reduction in force;
➢ The former employee was a temporary and/or seasonal employee;or
➢ The former employee separated from the City for health reasons, provided their
recovery is certified by their physician and by the City physician.
The Department Director in coordination with the Director of Human Resources may waive the six
(6)month period if it is determined it is in the best interest of the City.Written documentation must
be submitted by the Department Director to substantiate the request. Individuals who were
terminated from the City,who resigned not in good standing or in lieu of discharge,who resigned
pending the outcome of an investigation in which they were the subject of or party to, or who are
not otherwise recommended for rehire,are generally not eligible for rehire. These individuals may
only be considered for employment with the City of Friendswood after discussion and agreement
between the Director of Human Resources and the Department Director of the hiring department.
Rehired employees are subject to the conditions of employment and benefits of a newly hired
employee.
4.10 Authority of Appointment
Except as otherwise provided by Charter or Ordinance, the appointing authority for all City
positions shall be the City Manager or their designee. Appointments shall be made based on the
qualifications of applicants as ascertained through fair and practical selection methods.
4.11 Types of Appointments
Proper classification of employees is necessary to administer salaries, determine eligibility under
the City's benefit plans,and comply with employment and tax laws.
The City offers full-time regular, part-time regular and temporary/seasonal employment
opportunities to meet the organization's staffing requirements. The City also uses temporary
employment agencies,volunteers,and community service workers to provide flexible response to
changing workload requirements.
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Effective Date: August 7, 2023
Revision Date: Chapter 4
➢ Full-time regular—an employee in a budgeted position with an officially scheduled work
week of 40 hours or more.Employees in these positions are eligible for the City's benefits,
subject to the terms,conditions and waiting periods of each program such as vacation,sick
leave,holidays,health insurance, life insurance,retirement,worker's compensation,etc.
➢ Part-time regular—an employee in a budgeted position with an official work schedule of
less than 40 hours. Employees in these positions are not eligible for any benefits except
those which are legally mandated.
➢ Temporary/Seasonal—an employee who is employed for only a specific time period, for a
special assignment,or as an interim replacement.Employment assignments in this category
are of limited duration (less than 1000 hours annually). Temporary/seasonal employees
may be either full-time or part-time. Intern positions are included in this category.
Employment beyond any initially stated period does not in any way imply a change in
employment status. Temporary/seasonal employees retain that status unless and until
notified of a change in writing by the Department Director and Human Resources.
Temporary employees are not eligible for any benefits except those which are legally
mandated, such as workers'compensation.
➢ Volunteer or Community Service Worker—an individual who provides services to the City
without any expectation of compensation or financial gain.
In addition to being in one of the above categories,each employee is also designated as either
exempt or non-exempt in accordance with federal regulations for overtime and minimum wage
requirements through the Fair Labor Standards Act("FLSA").
➢ Exempt— an employee in a position that qualifies under one of the exemption categories
(i.e., executive, administrative, professional, etc.) and is paid on a salary basis regardless
of the number of hours worked in a pay period. The employees in these positions are
exempt from the provisions of the FLSA's minimum wage and overtime regulations.
➢ Non-exempt—an employee who is not classified as"exempt"and is paid on an hourly basis
for the number of hours worked in the work week.Employees in these positions are subject
to the provisions of the FLSA's minimum wage and overtime regulations.
In cases where the exempt/non-exempt status of an employee is in doubt,the Human Resources
Department will review position duties and responsibilities against FLSA exemption tests. The
Human Resources Department will make the final decision in all cases.
4.12 Nepotism
a. Definitions
Nepotism is the showing of favoritism toward a relative. Degrees of consanguinity and
affinity as used in this policy will be as defined in Chapter 573 of the Texas Government
Code.
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Effective Date: August 7, 2023
Revision Date: Chapter 4
(1) Relationships by Consanguinity(Blood)
An employee's relatives within the third degree of consanguinity are related by
blood(including half-blood relationships)or adoption and are as follows:
First Degree SecondDegree Third Degree
Parent Grandparent Great Grandparent
Child Grandchild Great Grandchild
Sibling Parent's Sibling
Sibling's Child
(2) Relationships by Affinity(Marriage)
An employee's relatives within the second degree by affinity are related by
marriage and are as follows:
First Degree SecondDegree
Spouse Souse's Grandparent
Spouse's Parent Souse's Grandchild
Child's Spouse Spouse of the Employee's Grandparent
Stepparent Child of Employee's Stepchild
Stepchild Souse's Sibling
Employee's Ste Siblin
Employee's Sibling's Spouse
Employee's Grandchild's Spouse
b. Prohibition
The practice of nepotism in personnel matters and the awarding of contracts are prohibited.
While it is impossible to list every circumstance that may create a possible conflict of
interest, this section should serve as a guide to the types of activities that may cause
conflicts of interest.
(1) Relatives of Local Elected Officials and the City Manager
No person related to the Mayor, member of the City Council or City Manager
within the second degree by affinity (marriage) or within the third degree by
consanguinity (blood) shall be employed by the City or appointed to any office,
position,or other service of the City.This prohibition shall not apply to officers or
employees who have been employed by the City continuously for the time periods
as required by Texas Government Code,Chapter 573,as the same may be amended
from time to time.
(2) Relatives of City Employees
➢ No employee may directly, or indirectly, supervise or be supervised by a
member of their family who is related within the second degree of affinity or
the third degree of consanguinity.
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City of Friendswood Personnel Policy Manual
RECRUITMENT AND EMPLOYMENT
Effective Date: August 7, 2023
Revision Date: Chapter 4
➢ No employee shall hold a position within the City that would subject a family
member to administrative,or supervisory authority over the work assignments,
scheduling, working conditions, compensation and/or benefits when the
relationship is within the second degree of affinity or the third degree of
consanguinity.
➢ In the event that marriage or cohabitation places employees in violation of this
policy, they must report the matter to their Department Director and the
Human Resource Director immediately.The affected employees will be given
the opportunity to decide which of them will resign or transfer to a different
Department or Division. If the employees fail to make the determination, the
City reserves the right to transfer or dismiss one or both of the employees.
C. Disclosures
Every employee must make full disclosure of any situation that involves or may involve a
conflict between the employee and the interests of the City. Every employee has an
obligation at all times to promote the best interests of the City.
If there is doubt whether an existing or contemplated situation should be construed as
creating a conflict,or about how to best correct it if it does,the individual must discuss the
situation with their Department Director.
d. Exception
The Human Resources Department may grant exceptions to this policy only for seasonal
employees up to twelve(12)months.
e. Application
The City reserves the right to address on a case-by-case basis any additional relationships
not already defined by this policy if such relationship presents an actual or perceived
conflict of interest in the workplace as defined by City management.
4.13 Residence
There shall be no absolute residence requirement for City employment except as may be provided
by the Charter. Employees likely to be called to work in cases of emergency may be required to
reside within reasonable commuting ranges of their places of work.
4.14 Medical Examinations
Persons processed for initial hire or reinstatement may be required to undergo a medical
examination including drug screen at the City's expense. Employment shall be contingent upon
successful completion of any required examination in relation to the standards of fitness required
for the position involved.
The Department Director,in coordination with the Director of Human Resources,may require that
a current employee successfully undergo a medical examination to determine fitness for continued
employment,promotion,or other personnel action.
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City of Friendswood Personnel Policy Manual
RECRUITMENT AND EMPLOYMENT
Effective Date: August 7, 2023
Revision Date: Chapter 4
4.15 Age Requirements
Age limits are indicated in some job descriptions for various positions,upon the basis of bona fide
occupational qualifications or statutory requirements.Where no age requirements are specified,the
following shall apply:
➢ No person under the age of 18 years of age shall be employed as an employee in any position
requiring the operation of a motorized vehicle owned by the City or in positions of a hazardous
nature.
➢ No person under the age of 16 shall be employed unless a special program is approved by the
City Manager or City Council.
Within statutory limits and restrictions, minors (age 16 or 17)may be considered for employment
in positions of non-hazardous nature. Occupations declared to be hazardous to persons between 16
and 18 years of age by the Department of Labor include,but are not limited to,motor vehicle driver
and outside helper on a motor vehicle, operating power-driven machines, operating elevators and
power-driven hoisting equipment, operating chain saws, circular saws and guillotine shears,
excavation,and roofing related activities.
4.16 Immigration Law Requirements
The City is committed to full compliance with federal immigration laws. These laws require that
all individuals pass an employment verification procedure before they are permitted to work by
providing satisfactory evidence of their identity and legal authority to work in the United States on
the actual date of hire.
Failure to provide appropriate documentation as required will result in the person not being
accepted for employment or, if employed,terminated.
Any employee working under a temporary work document must ensure Human Resources is
provided prompt and proper information concerning expiration or renewals of work documents.
Failure to provide renewed documentation will result in termination.
4.17 Probation
a. Probationary Period Established
Every person initially hired for a position in the City shall be required to successfully
complete a probationary period of six (6) months; provided that Police Department
employees shall serve a twelve (12) month probationary period. Existing employees
promoted to a new position shall be required to complete a six-month probation period.
Completion of the probationary period does not change the employment-at-will
relationship and either party may terminate the employment relationship at any time,with
or without notice.
Department Directors and supervisors shall use the probationary period to closely observe
and evaluate the work and fitness of employees and to encourage adjustment to their jobs
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Effective Date: August 7, 2023
Revision Date: Chapter 4
and the City service. Each employee serving in the probation period is responsible for
knowing, understanding, and meeting the expectations and standards for the position. In
addition, each employee is also responsible for performing the job in a safe, productive,
and effective manner within the instructions and established standards for the position.
Furthermore,employees are expected to maintain acceptable standards of conduct in their
employment.During the probation period,it is the responsibility of the employee to correct
any deficiencies or inadequacies in job performance or conduct.
Only those employees who meet acceptable standards during their probationary period
shall be retained. Performance will be evaluated throughout the probationary period. The
direct supervisor will provide feedback to an employee on probation as consistent with the
City's performance management practices.
b. Extension of Probationary Period
The probationary period may be extended if the employee is not fully meeting the
acceptable standards at the end of the six-month period. Human Resources will provide
guidance regarding the decision to extend a probationary period.
Probationary employees who are injured on or off the job,and are required to take leave as
a result of such injury, may have their probationary period extended for a period of time
commensurate with such leave.
C. Failure of Probationary Period
An employee is considered to have failed the probationary period when it is determined
that the employee's fitness,job performance, quality or quantity of work, attendance, or
combination thereof,does not meet minimum job performance standards and expectations
for the position.Failure of probation may occur at any time within the probationary period
and shall not be considered part of the disciplinary process.
An employee who fails probation will be separated from the City service. An employee
failing probation shall have no right of appeal except on the grounds of discrimination
prohibited by law: race, religion, color, age, sex, sexual orientation, gender identity,
ethnic/national origin,disability or veteran's status,in which case the employee may appeal
in writing within five(5)working days to the City Manager.
4.18 New Employee Processing and Orientation
The Human Resources staff will partner to ensure a successful orientation for all new employees.
This will include successful completion of all required paperwork within applicable time periods.
New employee orientation is scheduled regularly and provides the opportunity for each new
employee to learn more about city programs and applicable policies. This formal orientation is
required for all part-time and full-time employees.
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COMPENSATION AND WORK HOURS
Effective Date: August 7, 2023
Revision Date: Chapter 5
5.01 Salary Policy
The City will strive to maintain a compensation system which is internally equitable and externally
competitive with similarly sized and/or situated cities in Texas. The evaluation and classification
of positions is a process used by the City to ensure positions with similar levels of responsibility
and work value are allocated similar classification levels. This entails an understanding of the
relationship of a specific position to others in the City and to the City's objectives. The Director of
Human Resources is responsible for annually preparing an analysis of prevailing salaries for similar
positions in the competitive labor market,taking into account the variables which may be pertinent
in establishing salaries or recommending changes to existing salary rates. The City Manager may
recommend adjustments or revisions,including cost-of-living adjustments,to the City Council for
approval as a part of the annual budget.The Human Resources Department handles administration
of the salary policy.
a. Official Job Titles
All positions shall be designated by official job titles.Official job titles shall be used in all
personnel matters.Working or functional titles may be otherwise used as appropriate upon
approval of the Department Director.
b. Salary Pay Grades/Ranges
Each position is assigned to a pay grade. Each pay grade has been assigned a salary range
based on a range around market averages for similar positions. Within this framework, an
employee's initial salary will be determined by qualifications and internal equity.
C. Pay for Performance
In any given year,the City Council may fund a merit incentive program to aid in retaining
quality employees and to reward employees for productivity and job performance.
Employees will be eligible for the merit incentive program administered in the fiscal year
according to the guidelines established for that year. Merit raises,if any,shall be effective
based upon the employees'anniversary dates in their current positions.
d. Longevity Pay
Regular full-time employees shall be entitled to five dollars ($5.00) per month for each
year of uninterrupted service to the City. Part-time and temporary employees are not
eligible for longevity pay. Longevity Pay shall be included in the employee's regular rate
of pay in computing the overtime pay rate. Longevity pay shall be paid annually but shall
not be paid until an employee has completed a full year of continuous service with the City.
e. Certification Pay
The City of Friendswood encourages its employees to participate in advanced training.
Additional training is important to the employees and is a benefit to the operation of the
City. Levels of training and certification for the training should be recognized.
Certification pay shall be paid monthly to all qualified full-time employees meeting the
standards established in the Administrative Rules in the amounts specified in the
Administrative Rules.
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Effective Date: August 7, 2023
Revision Date: Chapter 5
f. Separation Pay
All employees who leave the service of the City for any reason shall receive all pay which
legally may be due them. Any indebtedness to the City, including the cost of any
unreturned City property,which the employee may have incurred,shall be deducted from
the final paycheck(s).
All employees who resign shall give at least two (2) weeks written notice before the
effective date of resignation to leave in good standing.After the employee gives notice,the
Department Director may waive such notice at the City's request,as deemed necessary. If
the Department Director waives notice,the employee may be compensated for up to a two
(2)week period at the sole discretion of the City Manager.
An employee should not use leave time during the employee's final two(2)weeks'notice
period. The Department Director shall, at their discretion, allow the employee to use
personal time, vacation, compensatory time or holiday leave during the two (2) weeks'
notice period as business needs allow. Any use of sick leave during the two (2) weeks'
notice period must be accompanied by a physician's excuse.
5.02 Advance Pay
No full or partial advance payment of salary shall be distributed to any employee outside of a
scheduled payday.
5.03 Record Keeping
Department Directors will have full responsibility for reporting all hours worked for department
employees which shall be maintained in the electronic attendance/payroll system.
5.04 Release of Payroll Checks
An employee's payroll check will not be released to another individual without a signature on file
in the Human Resources Department authorizing such action.
5.05 Hours Worked
The Fair Labor Standards Act ("FLSA") defines "hours worked" as all hours during which an
employee is "suffered or permitted"to work.This includes any time during which the City knows
or has reason to believe the employee is performing work of the City,including attendance at City-
approved trainings and seminars.
All employees are required to work hours in excess of their official hours when necessary, as
determined by department management. Such additional work assignments may be rotated and
allocated among employees qualified to do the work.Excess hours may be required or granted for
a specified period of time,or on a regular basis as operating circumstances warrant.Employees are
expected to respond to a reasonable request to work extra hours and may be subject to disciplinary
action for failing to stay or report for such hours.
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Effective Date: August 7, 2023
Revision Date: Chapter 5
Unless approved in advance by an appropriate supervisor, a non-exempt employee is prohibited
from performing work at any time other than, or in addition to, authorized working hours. This
includes, but is not limited to, work before or after regular work hours, working through lunch or
work taken or performed at home. Failure to receive appropriate prior approval may result in
disciplinary action,up to and including termination.
5.06 Overtime
The FLSA requires inclusion into the regular rate of pay"all remuneration for employment paid to,
or on behalf of,the employee." The regular rate of pay which is used to determine the employee's
overtime rate will include all remuneration paid to the employee. Overtime will be paid in
compliance with applicable provisions in FLSA. All overtime to be worked must be approved in
advance by the Department Director or their designee.
5.07 Compensatory Time Agreement("Comp Time")
Upon request of an employee, the City may award overtime pay in the form of time off. Any
compensatory time off approved by the City shall be paid at one and one-half times the hours of
overtime worked in lieu of actual cash payment. This policy applies to all non-exempt employees.
5.08 FLSA Flex Time
Flex time is earned and used in the same work week/work cycle so that no actual overtime for the
week will result.Department Directors and supervisors should schedule flex time where applicable
for more efficient operation of the department and to minimize overtime. This policy applies to all
non-exempt employees.
5.09 Exempt Employees
Exempt employees are those who are not covered by the minimum wage and overtime requirements
of FLSA. Accordingly, exempt employees are not legally entitled to overtime compensation for
work performed beyond 40 hours in a workweek except as provided for under Chapter 9"Adverse
Incident." Exempt employees are expected to put in the hours necessary to complete their
assignments with an acceptable level of quality in a timely manner.
"Docking"an exempt employee's pay will be permitted only as authorized by law and approved by
the Department Director. Absent accrued paid leave time, an exempt employee need not be paid
for any workweek in which the employee performs no work. In addition to tax withholding,social
security, Medicare, insurance contributions and other deductions authorized by the exempt
employee,the following deductions may be made:
➢ Any full day that the employee is absent from work for personal reasons, other than
sickness or disability, and where the employee does not have available accrued paid
leave;
➢ Any full day that an exempt employee is absent from work for sickness or disability if
the deduction is made in accordance with the City's sick leave policy, long-term
disability plan, or applicable workers'compensation law;
➢ Suspension without pay for any amount of time for a violation of safety rules of major
significance to the City. Such a violation would include a safety or health standard
directly applicable to the City's business;
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➢ Suspension without pay for one or more full days for serious workplace misconduct in
violation of the City's workplace conduct rules,including,but not limited to:violations
of discrimination,harassment,workplace violence and drug and alcohol policies;
➢ Days not worked during the employee's initial or terminal weeks of employment if the
employee did not work for the entirety of those weeks. (The employee's salary will be
pro-rated in proportion to the days or time worked.);and
➢ Time the employee takes as unpaid leave under the Family and Medical Leave Act
(whether it is a fill-time leave, or intermittent leave,or reduced schedule leave).
It is the policy of the City not to make improper deductions from an exempt employee's pay. Any
exempt employee who believes they have been, or likely will be, subject to an improper pay
deduction must immediately notify Human Resources. The Human Resources Department will
promptly investigate any such matter to determine whether there has been an improper deduction.
If there has been an improper deduction, the City will ensure the exempt employee is promptly
reimbursed for an improper deduction and will make a good faith commitment to comply in the
future.
5.10 Call-Out Time
All full-time employees who are waiting to be engaged(on-call) and are subsequently called into
service shall be paid a minimum of two (2) hours. Call-out time begins when the employee is
instructed they need to serve a call-out, and ends upon the employee's arrival back at their home
after the assigned call-out has been completed. This policy applies to all non-exempt employees.
5.11 Travel and Training Time
The determination of whether time spent travelling or in training (classes, seminars, workshops,
etc.) is compensable, will be based on applicable standards such as the FLSA. Generally, any
training time that is required by the city will be considered work time. Daily commuting time to
and from the employee's normal work location is not considered work time.
5.12 Hours of Work
The City shall establish the hours of employment in the City's basic work week and establish pay
periods and paydays to administer the payment of wages, salaries,and overtime.
Normal hours of operation for offices of the City are established by the City Manager. In order to
assure the continuity of City service, it may be necessary for departments to establish appropriate
operating hours. Work hours and shifts must be arranged accordingly, and each supervisor is
expected to manage work hours efficiently and effectively. Employees are expected to cooperate
when asked to work overtime or a different schedule. Acceptance of employment with the City
includes the employee's acknowledgment that changing shifts or work schedules may be required
and includes that they will be available to do such work as required.
Any change in a non-exempt employee's working hours must be approved in advance by the
appropriate manager. Employees are not permitted to determine their own work schedule.
Generally, working hours for employees shall be consistent from day to day and appropriate with
the responsibilities of the position,and the needs of the department.
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Revision Date: Chapter 6
6.01 Performance Management
The City of Friendswood's Performance Management Program is a management tool providing
supervisors and managers with objective,job specific appraisal instruments to be applied using
standardized procedures. Important administrative uses of the Performance Management Program
in the City include identifying employee training needs;guiding administrative decisions regarding
promotions,re-assignments,disciplinary actions,merit pay increases and terminations.
The employee performance management process is intended to
accomplish the following objectives:
➢ To enhance individual employee performance and ensure effective City
operations,
➢ To promote and support performance and behavior which is
aligned with the City's values-based culture,
➢ To document both formal and informal performance discussions
held with employees throughout their tenure,
➢ To identify and enhance employee strengths and develop action
plans to address areas of improvement,and
➢ To link employment decisions with employee performance when applicable.
An employee's failure to meet job requirements or failure to satisfactorily perform job duties may
result in a performance improvement plan or disciplinary action,up to and including termination.
6.02 Performance Evaluation Review
All employees during their probation period shall receive their first performance review within six
(6)months of employment.Thereafter,employee job performance shall be reviewed at a minimum
on an annual basis to evaluate job performance and facilitate communications between employees
and supervisors. Employee performance reviews shall be in writing. Each supervisor will be
required to file a performance review report for each employee with the Human Resources
Department as part of the annual review process.
If an employee is absent during the year for an extended period of time,the review may be delayed
until sufficient time has passed in which to evaluate the employee's performance.
6.03 Training
a. In General
The City will provide appropriate training for City employees subject to available funding.
All training must be aligned with City-wide training strategies or certification requirements
for a specific job.
b. Human Resources Responsibility
Human Resources will sponsor City-wide training for areas of development deemed
necessary for all or a large portion of City employees. Each Department can establish
training for their specific needs.
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Effective Date:
Revision Date: Chapter 6
C. Employee and Supervisor Responsibility
Employees and supervisors have a shared responsibility in the creation and implementation
of an employee development plan.
(1) Individual Employee Responsibility
Employees are accountable for their job performance. Employees should request
training from their supervisor in the areas that need improvement.At a minimum,
employees should be able to perform their essential job duties and consistently
exhibit behavior which is aligned with the City's values.
(2) Immediate Supervisor Responsibility
The immediate supervisor is responsible for the overall development of their
employees. Supervisors shall identify areas for development and ensure training
opportunities. Supervisors should ensure their employees are well trained to
perform their job duties and deliver exceptional customer service.
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7.01 Employee Health,Welfare and Development
The City provides a variety of benefits,services,and programs for employees. Some programs are
provided according to law; others are provided at the option of the City. Eligibility for these
programs may depend upon the type of position occupied.
The Human Resources Department is responsible for administering the programs contained in this
section. It is the responsibility of the Director of Human Resources to recommend additions,
deletions, or modifications to benefit programs to the City Manager for review and approval. The
City Manager is responsible for presenting benefit programs to the City Council for consideration
during the annual budget process.
City employees should become thoroughly familiar with all aspects of their benefits. The Human
Resources Department is responsible for informing new employees of available benefits through
the New Employee Orientation Program. The Department also provides benefits information to
employees in various plan description booklets and through organizational publications. Each
department's supervisory personnel should become familiar with fundamental aspects of the
benefits program in order to answer routine questions. Human Resources is available to answer
questions of a difficult or technical nature or to provide individual counseling.
It is the responsibility of the employee to be cognizant of date driven benefits such as retirement
and associated programs.
7.02 Holidays
a. Holidays Recognized
The City provides full-time employees the following paid holidays during the fiscal year
as approved by Council:
1. New Year's Day............................................................. January 1
2. Martin Luther King,Jr.'s Birthday.........Third Monday in January
3. Washington's Birthday.........................Third Monday in February
4. Good Friday..................................... Friday before Easter Sunday
5. Memorial Day.............................................. Last Monday in May
6. Juneteenth National Independence Day ........................... June 19
7. Independence Day.............................................................. July 4
8. Labor Day.............................................1 st Monday in September
9. Columbus Day........................................ 2nd Monday in October
10. Veterans Day ..........................................................November 11
11. Thanksgiving Day..........................Fourth Thursday in November
12. Thanksgiving Friday................Day following Thanksgiving Day
13. Day before or after.................................................Christmas Day
14. Christmas Day..........................................................December 25
15. Floating Holiday............................I day of employee's choosing.
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Part-time,temporary and seasonal employees shall not be granted paid holidays.
b. Payment and Eligibility
Regular full-time employees will be paid at their base rate for hours equal to one workday
for each holiday.
C. Observance
If the holiday falls on a Saturday,the preceding Friday shall be observed,and if a holiday
falls on a Sunday,the following Monday shall be observed.As many employees as possible
shall be given each holiday off while providing for the maintenance of essential City
functions. Shift personnel will observe official City holidays on the actual day of
observance.
Department Directors may revoke or restrict observance of any designated holiday in order
to provide necessary municipal services to the public.
d. Eligibility
To be eligible for holiday pay, the employee must work the scheduled hours before and
after the holiday unless an excused absence is approved by the Department Director.
Employees on unpaid administrative leave will not receive holiday pay.
Employees scheduled to work on an observed holiday,and who fail to work as scheduled,
without an excused absence,will not be eligible for holiday pay. An employee required to
work on an observed holiday will receive the holiday pay plus the overtime rate of one-
and one-half times the regular rate of pay for hours worked.
An employee who is terminated for gross misconduct (e.g., positive drugs, theft,
destruction of City property, job abandonment etc.) shall be ineligible for payment of
accumulated holiday leave.
e. Floating Holiday
Hours equal to one regular workday will be paid as a floating holiday; a day of the
employee's choosing, with supervisor's approval. This holiday is awarded to a new
employee upon completion of 90 days of service. All full-time employees employed longer
than 90 days will receive floating holiday hours on January I`of each year. The hours of
one Floating Holiday may be carried over from one year to the next not to exceed hours
equivalent to two holidays. Floating holiday may be used in one quarter hour (1/4)
increments with a minimum of one hour per event.
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7.03 Vacation Leave
a. Amount Earned per Service Period
Full-time employees shall earn vacation leave for service at their regular rate of pay. as
follows:
Vacation Hours
Service Period Per Pay Annual Hours Maximum Hours
Period Worked
Year 0—5 4.6154 120 190
Year 6 4.9231 128 200
Year 7 5.2308 136 210
Year 8 5.5385 144 220
Year 9 5.8462 152 230
Year 10+ 6.1538 160 240
b. Computation
The employee's most recent hire date shall be used as the anniversary date for the purpose
of calculating vacation accrual.Years of service are based on continuous employment with
no break in service. When an employee has reached their maximum allowed accrual
amount, each pay period additional accruals will be added to the employee's bank; and if
not used during that pay period, the oldest accruals will be deducted to maintain the
maximum allowed.
Should a paid Holiday fall during the employee's vacation, the employee will receive
Holiday pay for those designated hours instead of vacation pay.
Should an employee's scheduled vacation be canceled or interrupted by the City for its
convenience or due to an emergency,the City Manager may extend the period during which
accrued vacation leave may be used.
Employees being transferred, promoted, or demoted shall retain accrued vacation hours.
Employees who move from regular full-time status to part-time status shall receive pay for
their vacation accruals.
Employees on a leave of absence,other than USERRA leave,are required to use all accrued
vacation hours as part of the leave.
C. Approval Required
All vacations taken must be approved in advance by the employee's supervisor. This
approval will necessarily balance the needs of the City and the needs of the employee.
When there are conflicting requests from employees, the supervisor will distribute the
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vacation fairly among the requesting employees. Except for special circumstances with
Department Director approval,not more than 80 hours can be used consecutively.
d. Ineligibility
Employees are not eligible to take vacation during their first six(6)months of employment
unless authorized by the Department Director, in coordination with the Human Resources
Director. Upon separation from service, regular employees who have completed six (6)
months of service with the City shall be paid for any accrued,but unused, vacation leave.
All vacation leave is forfeited if the employee separates from employment prior to
completion of six(6)months of employment with the City.Additionally,an employee who
is terminated for gross misconduct(e.g.,positive drugs,theft,destruction of City property,
job abandonment,etc.) shall be ineligible for payment of accumulated vacation leave.
e. Non-Accrual
Vacation hours shall not be accrued for any pay period during which an employee is
receiving donated time for more than half of their scheduled work hours. Vacation hours
may not be advanced before earned.
f. Conversion of Vacation Leave to Sick Leave
Employees may elect to convert up to 40 of their current year's accrued vacation hours to
their sick leave bank. This conversion may be done annually. However, the maximum
hours in an employee's sick bank may not exceed 1,040 hours.
g. Separation
When an employee leaves employment with the City of Friendswood, the employee will
receive pay, at their current rate, for any unused vacation hours accrued at the time of
separation.
7.04 Sick Leave
a. Use of Sick Leave
Sick leave may be taken for the employee's own personal illness, injury, legal or doctor-
ordered quarantine, or routine health care appointments which cannot reasonably be
scheduled outside working hours. Additionally, sick leave may be taken when an
employee's immediate family member has an illness, injury, or other medical need which
affects the employee's ability to perform their scheduled job duties.
"Immediate family member" is defined for purposes of this section as follows:
I.Spouse
2.Child, Stepchild, Grandchild
3.Sibling(including in-law)
4.Parent(including in-law)
5.Grandparent(including in-law)
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6.Foster Parent(not both foster and natural)
A supervisor may request and obtain verification of circumstances surrounding any use of
sick hours.
b. Amount Earned
All full-time employees shall earn 3.69 hours per pay period. Sick leave accrual shall not
exceed 1,040 hours. Part-time and temporary employees shall not earn sick leave.
C. Non-accrual
Sick leave hours shall not be accrued for any pay period during which an employee is
receiving donated time for more than half of their scheduled work hours.
d. Sick Leave Accruals
When an employee has reached their maximum allowed accrual amount, each pay period
additional accruals will be added to the employee's bank; and if not used during that pay
period,the oldest accruals will be deducted to maintain the maximum allowed.
In the event of rehire,sick leave credits will not be restored to an employee.
An employee who becomes ill or injured on a previously scheduled vacation day may
request that the time be recorded as sick time as opposed to vacation. In this scenario,the
employee's immediate supervisor or Department Director may request documentation
verifying the illness or injury in considering the request.
e. Sick Leave Payment
Employees may not receive payment in lieu of hours taken. Sick hours may not be
advanced before earned. Accrued Sick hours will not be paid upon separation from service.
f. Notice to Department
Notice of employee absence due to a non-job-related injury or illness must be given daily
by the employee to that employee's immediate supervisor or Department Director. Failure
to do so may cause the employee's absence to be charged to leave without pay.Emergency
situations,which might prevent compliance with the provisions of this paragraph,shall be
taken into consideration by the Department Director. Exceptions to the daily reporting
requirement would be hospitalization, or a prolonged catastrophic illness, or a
determination by the City that the absences qualify as Family and Medical Leave.
g. Abuse of Leave Time
The number of sick leave days credited is not intended to establish a guideline for
acceptable attendance. The claiming of sick leave benefits in excess of reasonable
standards set by an attendance policy will constitute grounds for supervisory review.
Likewise, evidence of the abuse of this benefit may constitute grounds for disciplinary
action up to and including termination. Frequent claiming of sick leave,except as covered
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by the Family and Medical Leave Act,may constitute grounds for the Department Director
to question if the employee is unable to perform the essential functions of the job.
An employee's supervisor may request documentation verifying the circumstances
surrounding any use of sick time. Employees using more than three (3) days of sick time
in a quarter may be placed on medical certification at the Department Director's discretion.
Employees placed on medical certification shall be notified of this action and
documentation of the notification will be forwarded to Human Resources.Each subsequent
absence by an employee placed on medical certification will require documentation
verifying the circumstances of their absence in order to receive pay for sick leave.
h. Exhaustion of Benefit
After an employee's accumulated sick leave has been exhausted, an employee shall first
use compensatory time,then personal time,then holiday time,and then vacation time, for
circumstances that would qualify as sick leave.
7.05 Donating Vacation or Sick Leave
Accrued Sick / Vacation hours may be donated by one employee to another under certain
circumstances as more particularly described in the Administrative Rules.
7.06 Personal Leave
a. All full-time employees employed on October I"(beginning of fiscal year)shall be granted
twenty-four (24) hours for personal use. Full-time employees beginning work after
October I" will receive a prorated number of hours beginning the first full month of
employment.
b. Part-time,temporary or contract employees are not eligible to receive personal lease hours.
C. Personal leave hours shall not be accrued.
d. Unused personal leave hours shall not be paid out at employment separation.
e. Personal hours must be pre-approved by the employee's supervisor. Approval of personal
leave time request shall be given only after consideration has been given to operating
requirements. Request shall be reviewed in the order received.
f. Personal leave hours shall not be used as notice time when terminating employment.
g. Personal leave hours will not be counted as hours worked for the purpose of determining
overtime.
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7.07 Paid Parental Leave
a. Generally
Parental Leave shall be granted in accordance with all the rules and regulations of the Family and
Medical Leave Act("FMLA"). Paid Parental Leave is paid leave that will run concurrently with
FMLA, where it applies. If an employee does not qualify for FMLA, they can still utilize Paid
Parental Leave, without the federal job protection that FMLA provides. Paid Parental Leave is
intended to be used consecutively, but may be divided up in full week increments during the 12-
week period following a qualifying event. Paid Parental Leave is not intended to be used on an
intermittent,hourly basis; however,it will be calculated hourly when used as a supplemental pay
to any short-term disability payment. Additionally, available sick or disability benefits may be
used for the time during which the employee is medically unable to work.
b. Amount of Paid Parental Leave
Qualifying full-time employees may receive 240 hours of paid parental leave for a qualifying event.
Qualifying part-time employees may receive up to 120 hours(based upon the employee's regular
schedule) of paid paternal leave for a qualifying event. Such leave may be used at the onset of a
qualifying event and must be taken within the first twelve(12)weeks following a qualifying event.
A pregnant employee,who does not meet the length of employment or number of hours worked
for FMLA,may receive up to 240 hours of unpaid leave beginning on the date of delivery.
C. Qualifying Event
A qualifying event in this policy includes only (i) the birth of an employee's or an employee's
spouse's child or(ii)the placement of a child with the employee in connection with adoption, or
(iii) the loss of pregnancy in the third trimester. Paid parental leave will be granted on a per
occurrence basis,regardless of a multiple birth or placement situation. An employee who has more
than one occurrence of a birth or placement of a child within a 12-month period will be eligible for
paid parental leave per occurrence,regardless of whether FMLA has been exhausted.
d. Eligibility
Employees are eligible for paid parental leave beginning their first day of employment. The City
will provide Paid Parental Leave to employees regardless of their sexual orientation, gender
identity, marital status, whether the City employs multiple family members, and regardless if
employees become parents because by birth or adoption.
e. Restrictions
While receiving Paid Parental Leave,an employee may not work or be compelled to work for the
City and cannot work a second or extra job. If Paid Parental Leave is running concurrently with
FMLA,the employee may not work during FMLA.
f. Pay Considerations
Paid parental leave will not affect an employee's base compensation,benefits,work status or work
responsibilities. The employee on paid parental leave will continue to accrue sick leave and
vacation and receive holiday pay where eligible. Paid holidays taking place while an employee is
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out on Paid Parental Leave will extend the paid leave period. All benefits will continue to be
provided during Paid Parental Leave under this policy at the same rate as in effect before the leave
was taken regardless of length of service.
Paid parental leave will be granted at the employee's base hourly rate or regular weekly salary and
will not be considered time worked for FLSA overtime calculations. Such leave may supplement
short-term disability ("STD") payments and may be used during the STD elimination period or
once STD disability period ends,not to exceed twelve(12)weeks of leave(paid or unpaid)for each
event.
g. Expiration of Benefit
At the end of the 12-week period,any unused balance of Paid Parental Leave granted in connection
with a specific qualifying event permanently expires and is not available for future use and is not
eligible to be cashed out.
h. Periodic Reports
The City will require periodic medical reports concerning the employee's status and intention and
availability to return to work.
i. Return to Work Requirement
An employee will be required to provide a fit for duty release if the employee has taken leave for
their own medical disability following the birth of a child.
7.08 Family and Medical Leave
a. Generally
This policy is consistent with the Family and Medical Leave Act ("FMLA") to enable
employees to receive time away from work without pay for limited periods to attend to
specified family needs or their own serious health condition with job protection and no loss
of accumulated service.
b. Employee Eligibility
The policy applies to all employees who have worked for the City for twelve (12)months
and for at least 1,250 hours during the 12-month period preceding the leave. Eligible
employees may take up to twelve(12)weeks of unpaid leave per a 12-month period for a
qualifying event or up to 26 weeks of unpaid leave in a single 12-month period to care for
a covered service member with a serious injury or illness. The employee may take
intermittent or reduced leave(reduction in weekly work hours)with the permission of their
supervisor or when medically necessary. The City also requires that employees use any
available accrued leave(sick,vacation,comp time,holiday/personal holiday)prior to being
granted unpaid leave. This paid leave satisfies part or all of the 12-week mandated family
and medical leave.Workers'Compensation,sick leave,vacation leave,comp time,parental
leave, and holiday/personal holiday will run concurrently with Family Medical Leave.
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Employees may use sick accruals prior to using other accruals when taking FMLA
qualifying leave for a family member.
Leave (paid or unpaid) for up to 12 weeks in a 12-month period is available under one or
more of the following circumstances:
➢ The employee's own serious health condition that prevents the employee from
performing the functions of the employee's job.A serious medical condition is an
illness, injury,impairment,or physical or mental condition that involves inpatient
care in a hospital, hospice, or residential medical facility or continuing treatment
by a health care provider.
➢ The employee's serious health condition as a result of an on-the job injury that
prevents the employee from performing the functions of the employee's job.
➢ The birth of a child and to care for the newborn child.This applies to both parents.
The expectant mother may take FMLA leave for prenatal care or if the pregnancy
makes the employee unable to work prior to the actual birth of the child.
➢ The placement with the employee of a child for adoption or foster care. This leave
must be given before the actual placement or adoption of a child if an absence from
work is required for the placement for adoption or foster care to proceed.
➢ The serious health condition of an immediate family member as defined in Section
7.04 who cannot care for him/herself.
➢ A qualifying exigency arising out of the fact an immediate family member is on
active duty or called to active-duty status in support of a contingency operation as
a member of the Armed Services/National Guard or Reserves.
The City of Friendswood uses the rolling 12-month period measured backward from the
date an employee uses any FMLA Leave under these circumstances.
Leave (paid or unpaid) for up to 26 weeks in a 12-month period is available under the
following circumstance:
➢ To care for an immediate family member or next-of-kin of a covered service
member with a serious illness or injury incurred in the line of duty on active duty.
"Next-of-kin" is defined as the closest blood relative of the injured or recovering
service member. This type of FMLA leave is also known as military caregiver
leave or covered service member leave.
The City of Friendswood uses the rolling 12-month period measured backward for
employees on FMLA leave under this circumstance. The FMLA military caregiver leave
may only be used once during the employee's tenure with the City of Friendswood.
No loss of seniority will occur while the employee is on an FMLA leave of absence.Group
health benefits will be continued on the same basis as coverage provided if the employee
had been continuously employed during the leave period. Therefore, any share of health
benefit premiums,which had been paid by the employee,must continue. If the employee's
premium payment is more than 20 days late, coverage ceases. If coverage lapses because
an employee has not made required premium payments, upon the employee's return from
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leave the employee's benefits will be restored and the employee will not be required to
meet any qualification requirements. Employees are responsible for payment of their
coverage premiums and other authorized payroll deductions while they are on a leave of
absence without pay.
After completion of twelve(12)weeks of leave under the Family and Medical Leave Act,
or twenty-six (26)weeks of leave if applicable, if an employee is unable to perform the
essential duties of their assigned position,reasonable accommodations may be made by the
City to provide for the employee to perform such duties. If reasonable accommodations
cannot be made and the employee is unable to perform the essential duties of the
employee's assigned position,they may be terminated.
An employee shall not perform any outside work, engage in extra-duty employment, or
vacation at any time when the employee is on leave under FMLA.Violations may result in
denial of FMLA leave and disciplinary action up to and including termination.
C. Reinstatement
Upon return from a family and medical leave of absence,the employee will be reinstated
in the employee's previous position,if available,or to a comparable position for which the
employee is qualified. Employees on leave must notify their supervisor as soon as
reasonably practical of availability and intent to return to work. An employee's failure to
return from leave,or failure to contact their immediate supervisor or the Human Resources
Department on the scheduled date of return,will be considered a voluntary resignation.
If the employee on leave of absence is a salaried employee and is among the highest paid
ten percent of City employees living within 75 miles of the City,and keeping the job open
for the employee would result in substantial disruption to City operations,reinstatement to
the position may be denied.The employee will be given an opportunity to return to work,
however in a different job.
d. Spouses Employed By The City
If both spouses are employed by the City,and each wishes to take leave for the birth of a
child,adoption or placement of a child for foster care,or to care for a parent(but not parent-
in-law)with a serious health condition,the spouses may only take a combined total of 12
weeks of leave.
If both spouses are employed by the City, and each wishes to take leave to care for a
covered ill or injured service member,the spouses may only take a combined total of 26
weeks of leave.
This limitation does not apply to leave for either the employee's own serious health
condition or the serious health condition of a child.
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7.09 Paid Absences
The City may provide paid absences for such things as training and development,civic duty,death
in immediate family, funerals, personal emergencies, administrative absences, and emergency
situations.
a. Training and Development
With approval of the Director,a supervisor may grant an employee leave with pay when
the employee is away from their job site but is performing a function related to their job.
These functions include,but are not limited to,attending a professional conference,
convention or training activity,legislative proceedings,or other purposes in the interest
of the City.
b. Civic Duty(Voting)
The City encourages all employees to fulfill their civic responsibilities by participating in
elections. However, all employees should make every effort to vote outside normal
working hours. If employees are unable to vote in an election during their non-working
hours,the City shall allow employees to use accrued vacation leave,compensatory leave,
or flex hours for the number of hours necessary for the employee to vote.
Employees should request time off to vote from their supervisor at least two working days
prior to the election day so that necessary time off may be scheduled at the beginning or
end of the work period, whichever provides the least disruption to the normal work
schedule.
C. Jury Duty
An employee called for jury service shall be granted special absence with pay during
such service and shall retain the fee paid by the courts.
Employees excused or released from jury service during working hours shall report to their
workstations unless otherwise instructed by their supervisor.
Employees missing regularly scheduled work hours due to jury duty shall work scheduled
hours before and/or after such duty,unless otherwise instructed by their supervisor.
Documentation of attendance shall be submitted to the employee's supervisor upon return
to work.
d. Witness
An employee will not be discharged, disciplined or penalized in any manner when
complying with a valid subpoena to appear at such a proceeding. All employees will be
paid for required appearance in a city, state, or federal court, or a legislative or
administrative proceeding (including disciplinary hearings) concerning duty-connected
matters, or certain duty-connected testimony, investigation, and court preparation. The
employee must provide documentation of the requirement for attendance and the
connection to duty. Acceptable documentation includes:a subpoena,letter of request from
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an attorney of record or prosecuting attorney,request of a hearing officer,or completion of
the appropriate department form.
Employees who have initiated legal or administrative proceedings, including disciplinary
hearings, against the City must use accrued paid leave or unpaid leave to attend such
proceedings; the appearance is not considered work for the City. (Only employees who
are classified as non-exempt under Fair Labor Standards Act [FLSA] may use
administrative leave without pay of less than one(1)day.)
Employees missing regularly scheduled work hours due to a subpoena shall work
scheduled hours before and/or after such appearance, unless otherwise instructed by their
supervisor.
e. Bereavement Leave
A full-time employee may be excused with pay in the event of the death of an immediate
family member. Supervisors may require information concerning the deceased and the
employee's relationship to the deceased.
Department Directors, after ascertaining the exact circumstances, may grant a full-time
employee up to five (5) working days of paid emergency leave for immediate family
members within the first degree of consanguinity or affinity or up to three (3) days for
immediate family members within the second-degree consanguinity and affinity. See
Section 4.12.a for degrees of consanguinity and affinity. If multiple deaths occur
simultaneously within the family, a special exception to the above-refenced allowances
may be approved by the Department Director,in coordination with the Director of Human
Resources.
Additional hours may be granted and charged against accrued hours,other than sick leave.
These additional hours must be approved by the Department Director.
Bereavement leave shall not be charged against vacation or sick leave.
Part-time and temporary employees may be granted unpaid emergency leave in the above
circumstances.
f. Emergency Situations
During emergencies, a full-time or regular part-time (not seasonal) employee who is
ordered not to report to work,to leave work early or who cannot report for work because
of inclement weather or disaster may be granted administrative absence with pay by the
City Manager.
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7.10 Leave Without Pay
City employees may be granted leave without pay for religious observance, to satisfy USERRA
service obligations,or in certain circumstances involving illness or injury.All leave accruals must
be exhausted prior to receiving leave without pay.
Except as otherwise required by law, leave without pay is granted as a matter of administrative
discretion. Leave without pay for personal reasons shall not materially affect normal business
operations. While on leave without pay, an employee shall remain eligible for health insurance
benefits;however,the employee's portion of any premiums,supplemental insurance and dependent
coverage must continue to be paid by the employee during such leave.
Employees on authorized leave without pay status shall not accrue benefits. In circumstances not
falling within other provisions of this personnel policy manual,the City Manager may authorize an
employee to take leave without pay under the terms and conditions the City Manager determines
appropriate. All leave must be requested through and approved by the Department Director, in
coordination with the Human Resources Director.
a. Religious Observance
With the approval of the employee's supervisor, employees desiring to observe religious
holidays not coinciding with official City holidays may be given time off to observe the
religious holiday of their choice. The employees have the option to use their personal
holiday, vacation or accrued compensatory time or be placed on leave without pay to
observe the religious holiday of their choice.
b. USERRA Leave
Uniformed Services Employment and Reemployment Rights Act("USERRA")leave shall
be granted in accordance with applicable State and Federal laws.The City of Friendswood
shall not discriminate in the employment or take any adverse action against any person
who exercises rights under USERRA. Employment actions under this these Acts include
initial employment,reemployment,retention in employment,promotion,or any benefit of
employment,for any person who is a member of,applies to perform,or has an obligation
to perform service in,a uniformed service of the United States
This policy covers employees who serve in the uniformed services. "Uniformed services"
means the Armed Forces, the Army National Guard and the Air National Guard when
engaged in active duty for training,inactive duty training,or full-time National Guard duty,
the commissioned corps of the Public Health Service, the commissioned officer corps of
the National Oceanic and Atmospheric Administration, System members of the National
Urban Search and Rescue Response System during a period of appointment into Federal
service under section 327 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, and any other category of persons designated by the President in time of
war or national emergency.in a voluntary or involuntary basis,including active duty,active
duty for training, initial active duty for training, inactive duty training, and full-time
National Guard duty.
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Employees preparing to take authorized leave under this section shall furnish their
Department Director with copies of orders or other appropriate certification.
The City will provide a paid leave of absence to employees who are members of the
uniformed services or a reserve component for authorized training or duty that is ordered
by official Uniformed Services authority for not more than fifteen(15)working days in a
fiscal year.Employees who have exhausted all available paid USERRA leave may,at their
option, use any other available paid leave time (i.e., vacation leave, holiday leave and
compensatory time) to cover their absence from work. After an employee has exhausted
all available paid USERRA leave(including any other paid leave time that the employee
chooses to use to cover a USERRA absence),the employee will be placed on leave without
pay.
FMLA leave for a military qualifying exigency and/or military caregiver leave is covered
in Section 7.08.
7.11 On-The-Job Injury Leave
An employee injured in the line of duty shall receive worker's compensation or injury leave benefits
under the terms and conditions prescribed in the applicable programs and as required by law. The
State of Texas Workers'Compensation laws provide that an employee who suffers a disability that
results in lost duty days due to an injury while in the course of their employment may be entitled
to"Income Benefits."
Disability occurs when the work-related injury or illness causes an employee to lose the ability to
earn their pre-injury wage. Disability refers to an employee's inability because of a compensable
injury to obtain or retain employment at wages equivalent to the pre-injury wage,not to a physical
handicap.
These income benefits are paid at a rate of approximately 70%of the employee's average weekly
wage prior to the injury.The worker must be disabled by the injury for at least seven(7)days to be
eligible for income benefits. The employee becomes eligible for and begins accruing temporary
income benefits on the eighth day of disability. Any overpayments or payments made in error to
the employee will be required to be repaid to the City.
If the workers' compensation injury meets the criteria for a serious health condition, injury leave
will run concurrently with FMLA leave as indicated in Section 7.08
An employee who is unable to perform the essential functions of their position due to a disability,
injury, illness, or medical condition (and reasonable accommodation is not possible) and FMLA
has been exhausted is not guaranteed a return to their position at the completion of their injury or
illness.If,after consultation with Human Resources,a supervisor determines that a department's or
division's productivity or ability to deliver services is adversely affected because of the vacancy in
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the position,the employee may be administratively removed from their position during their leave.
When an employee who has been administratively removed from their position is able to return to
work with the appropriate medical releases,that employee will be considered for any open position
in the City for which that employee is qualified.Employees who are not disabled,as defined by the
ADA,will be required to compete for open positions.
7.12 Paid Quarantine Leave Policy for Peace Officers and Emergency Medical Technicians
a. Definitions
The following words, terms, and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
Emergency medical technician means an individual who is:
(1) certified as an emergency medical technician under Chapter 773, Health
and Safety Code; and
(2) employed by the City as an emergency medical technician.
Health authority means a physician appointed by the county to administer state
and local laws relating to public health within the city's jurisdiction.
Paid quarantine leave means:
(1) all employment benefits and compensation, including leave accruals,
pension benefits,and health benefit plan benefits provided by the city;and
(2) if applicable,reimbursement for reasonable costs related to the quarantine,
including lodging,medical,and transportation costs.
Peace officer means peace officers licensed by the Texas Commission on Law
Enforcement and employed by the City in the Police Department or Fire Marshal's
Office.
b. Paid Quarantine Leave
A City of Friendswood peace officer or emergency medical technician who is ordered to
quarantine or isolate by the officer's supervisor or health authority due to a possible or
known exposure to a communicable disease while on duty is entitled to receive paid
quarantine leave for the duration of the leave.
C. No Reduction in Compensation and Benefits during Leave
The City of Friendswood will not reduce a peace officer's or emergency medical
technician's sick leave balance,vacation leave balance,holiday leave balance or any other
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paid leave balance in connection with paid quarantine leave taken in accordance with this
policy.
7.13 Mental Health Leave for Peace Officers and Telecommunicators
a. Definitions
The following words, terms, and phrases, when used in this section, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
Chief means the Chief of Police of the Friendswood Police Department or their
designee.
Confidentiality means a duty of an individual to refrain from sharing confidential
information with others about a peace officer applying for and/or taking mental
health leave under this policy, in accordance with applicable local, state, or
federal laws and regulations.
Department means either the Police Department or the Fire Marshal's Office of
the City of Friendswood,as applicable.
Fire Marshal means the Fire Marshal of the City of Friendswood or their
designee.
Mental health leave means paid leave granted by the Chief to eligible Peace
Officers pursuant to this policy.
Mental health professional means a person who by education and experience is
professionally qualified to provide counselling interventions designed to
facilitate individual achievement of human development goals and remediate
mental, emotional, or behavioral disorders, and associated distresses, which
interfere with mental health and development. This person must be licensed to
provide services in the State of Texas.
Peace officer means an individual described by Article 2A.001 of the Texas Code
of Criminal Procedure,who is employed by the City and is licensed by the Texas
Commission on Law Enforcement.
Scope of employment means an activity of any kind or character that has to do
with and originates in the work as a peace officer of the City and is performed by
the Peace Officer while engaged in or about the furtherance of the affairs or
business of the City.
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Telecommunicator means a person authorized to act as a telecommunicator under
Section 1701.0405 of the Occupations Code, who is employed by the City in the
Department on a full-time basis.
Traumatic event means an event, series of events, incident, or set of
circumstances that:
➢ was experienced by the peace officer or telecommunicator while on duty
during the scope of employment;
➢ was physically harmful,emotionally harmful,or life-threatening; and
➢ has the potential to cause lasting adverse effects on the peace officer's or
telecommunicato>'s functioning and mental,physical, social, or emotional
well-being outside of the typical setting for the position.
Examples include,but are not limited to:
➢ any officer-involved shooting;
➢ line-of-duty death or suicide of a member of the department;
➢ any investigations by the peace officer involving deaths or serious bodily
injury of individuals;
➢ any investigations by the peace officer involving abuse of individuals;
➢ witnessing of a sudden violent death;
➢ witnessing severe human suffering; and/or
➢ experiencing any physical or sexual assault.
b. Mental Health Leave
1. Leave
The purpose of this policy is to allow the use of mental health leave by eligible
peace officers and telecommunicators employed by the City of Friendswood who
experienced a traumatic event while on duty. Such leave is designed to be a
resource available for eligible peace officers and telecommunicators to support
them in maintaining a healthy state of mind while at work and at home;however,
requesting or taking leave is not a requirement for every traumatic event.
Mental health leave for a traumatic event shall be(i)at the discretion of the Chief
or the Fire Marshal,who will base their decision upon the information provided
to them after the event occurs, or (ii) ordered by a mental health professional.
Leave may only be granted as a result of a traumatic event.
2. Hours of Leave Afforded
Peace officers who meet all eligibility requirements and are granted are entitled
to up to five (5) days (40 hours) of mental health leave per calendar year. All
mental health leave taken pursuant to this policy will run concurrently with
FMLA or any other leave provided by the City.
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3. Return to Work
Prior to returning to work after mental health leave, the peace officer or
telecommunicator must provide a letter of clearance by their mental health
professional indicating they are released to return to work with or without
reasonable accommodations.
C. Impact on Benefits and Other Leave
Peace officers and telecommunicators on mental health leave will continue to be eligible
for all employment benefits, seniority, and compensation, including continuing their
special pays, leave accrual, pension benefits and eligibility for healthcare plan benefits
for the duration of the leave. While on mental health leave, the City will not reduce a
peace officer's or telecommunicator's sick leave balance,vacation leave balance,holiday
leave balance or other paid leave balances in connection with mental health leave taken in
accordance with this policy.Sick leave used prior to the approval of the leave by the Chief
or Fire Marshal will be reinstated to the peace officer's or telecommunicator's sick leave
balance up to the number of days allowed for the peace officer's mental health leave.
d. Confidentiality
The City will endeavor to keep requests to take mental health leave and any medical
information related to mental health leave under this policy confidential to the extent
allowed by law.Any request for mental health leave by a peace officer shall be treated as
confidential by all parties involved and shall not be discussed or disclosed except as
necessary to facilitate the use of the leave. Confidentiality may be waived(i)by the Peace
Officer seeking Mental Health Leave, (ii)under circumstances which indicate the Peace
Officer is a danger to himself/herself or others, or (iii) as necessary to carry out the
Department's duties under the law. Additionally,nothing contained herein regarding the
confidential nature of the Mental Health Leave shall prohibit the sharing of information
with those entitled to access in accordance with state and federal laws and regulations.
Information will be kept separate from the eligible Peace Officer's general personnel file.
The City cannot guarantee anonymity of information that is otherwise public or necessary
to carry out the City's duties in accordance with applicable laws and regulations.
Employees, who participate in gossip or violations of this subsection, may be subject to
disciplinary action. If a supervisor becomes aware of a violation of this subsection by
another member of the Department, then that supervisor shall take appropriate action to
address or report the violation.
e. Other Employment during Leave Prohibited
Under no circumstances may a peace officer or telecommunicator on mental health leave
engage in outside employment during the period of leave unless expressly authorized in
writing in advance by the Chief or Fire Marshal,as applicable.
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7.14 Education Reimbursement
The City may establish an education reimbursement policy to provide for financial reimbursement
in the pursuit of higher education and career development. This investment in the employee is an
indication of the commitment made to ensure the City continues to offer the best possible service
to its citizens,as well as providing personal and professional growth for the employees. Employees
desiring to participate in the City's education reimbursement program must comply with the
requisites set forth in the Administration Rules.
7.15 Mandatory Continuing Education
Continuing education courses deemed necessary to meet established goals and objectives as
reflected by an employee's evaluation may be prepaid by the City with approval by the Department
Director. Employees participating in a mandatory continuing education program must comply with
the requisites set forth in the Administrative Rules.
7.16 Retirement Benefits
All regular full-time employees,or regular part-time employees who are scheduled to work 1,000
or more hours per year,shall be required to participate in the Texas Municipal Retirement System
program and shall be eligible for immediate participation. The provisions of the retirement program
are covered in the TMRS Handbook,available in the Human Resources Department.
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8.01 Personnel Files
The Human Resources Department shall maintain the official personnel files for all employees.All
personnel files are subject to release under the Texas Public Information Act,unless an exception
applies. The City will not use or divulge personnel files or information therein for purposes not
connected with City personnel management, except as required by law or with the permission of
the employee involved. Nothing herein shall prevent the dissemination of impersonal statistical
information.
Every employee is responsible for designating, in writing, whether any information about their
home address,home telephone number,emergency contact information, or social security number
can be released under the Texas Public Information Act.A signed form shall be in the employee's
personnel file that states that this information is not to be released;otherwise,it is subject to release
under this Act.
Each employee is responsible for promptly notifying the Human Resources Department of changes
in address, telephone number, marital status, and dependents. This responsibility includes
employees on layoff status,sick leave,and any other type of leave of absence.
Department Directors shall report changes in personnel status of their employees in accordance
with procedures developed by the Director of Human Resources.
Employees have the right to review information in their own personnel files. Human Resources
shall limit the availability of personal information to those persons with a clear need to know.
8.02 Employee Privacy
The City has a policy of respecting the dignity and worth of each individual employee while
expecting that each employee shall offer their loyalty,respect and best efforts in return. However,
as public sector employees supported by public funds,employees should not expect privacy in their
work, workstations or any City-owned property, including vehicles, and/or anything that belongs
to the City used to produce that work.
The City shall demonstrate its concern for individual dignity by minimizing its intrusion into the
employee's off-the-job conduct except where it impacts the public's safety or brings disrepute to
the City. However, the City shall retain its duties and privileges as an employer consistent with
good business practices. This includes collection,retention,use, disclosure, and confidentiality of
employee information.
8.03 Confidentiality of Medical Information
a. Medical Information Separated
Federal law requires that the City maintain all employee medical information in separate,
confidential files. Therefore, in addition to personnel files, the City maintains a separate
medical file for each employee.
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Information that may be provided to the City by an employee's health care
provider,and maintained in the confidential medical file,includes but is not limited
to:
➢ A note to justify an absence,
➢ A note to request a leave,
➢ A note to verify the employee's ability to return to work,
➢ Medical records to support a claim for sick pay or disability benefits,
➢ Insurance records,and/or
➢ Workers'compensation records.
b. Waiver of Confidentiality
It is important that employees understand that the records are confidential but that the
confidentiality may be waived when the employee provides medical information to their
supervisor or the Director of Human Resources. When an employee provides information
to their Supervisor, the Supervisor is expected to share the information only on an "as
needed"basis to other members of management.
C. Employees' responsibilities
In addition to protecting their own confidential medical information, employees must also
respect the privacy and confidentiality of their co-workers' medical information.
Employees are expected to use discretion and judgment when dealing with such
information and are to refrain from passing along information,gossip,rumors,or anything
else that may constitute an invasion of a co-worker's privacy or breach of confidence.
d. Genetic Information Nondiscrimination Act
The Genetic Information Nondiscrimination Act of 2008 ("GINA") prohibits employers
and other entities covered by GINA Title II from requesting, or requiring, genetic
information of an individual or family member of the individual, except as specifically
allowed by this law. To comply with GINA, employees are directed not to provide any
genetic information when responding to any City request for medical information.
"Genetic information," as defined by GINA, includes an individual's family medical
history, the results of an individual's or family member's genetic tests, the fact that an
individual or an individual's family member sought or received genetic services, and
genetic information of a fetus carried by an individual or an individual's family member or
embryo lawfully held by an individual or family member receiving assistive reproductive
services.It is unlawful for a covered entity to disclose genetic information about applicants,
employees, or members. If the City acquires genetic information through the narrow
exceptions allowed by this law,that information will be kept confidential and in a separate
medical file. The genetic information may be kept in the same file as other medical
information in compliance with the Americans with Disabilities Act (ADA). There are
limited exceptions to this non-disclosure rule, such as exceptions that provide for the
disclosure of relevant genetic information to government officials investigating
compliance with Title II of GINA and for disclosures made pursuant to a court order.
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e. Unauthorized disclosure
Under no circumstances shall a City employee disclose protected health information
regarding another City employee,absent a clear need to know. Unauthorized disclosure of
personal health information may constitute a crime and shall subject an employee to
immediate disciplinary action up to and including termination.Any employee who believes
that the City is not complying with requirements of medical record privacy may submit a
written complaint to the Director of Human Resources. The complaint must contain a
description of the unauthorized disclosure and an explanation of the circumstances
surrounding such disclosure.
Complaints may also be filed with the Secretary of the U.S. Department of Health and
Human Services. No retribution or negative action shall be taken or tolerated because an
employee files a complaint with the Director of Human Resources or the Department of
Health and Human Services.
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ADVERSE INCIDENTS
Effective Date: August 7, 2023
Revision Date: Chapter 9
9.01 Purpose
The adverse incident policy is established to promote increased efficiency and economy in the
service of the City. The citizens of Friendswood depend on City employees before, during and
after an emergency or disaster to provide quality customer service while maintaining and/or
restoring essential public services for the health,safety,and quality of life for our community. City
employees demonstrate pride and a commitment to quality customer service by ensuring a
continuation of public services during the essential periods of every emergency or disaster.
9.02 Adverse Incident
Adverse Incidents may be caused by,but are not limited to,natural(e.g.,severe weather,flooding),
technological (e.g., oil or hazardous materials release), or human-caused (e.g., an intentional or
criminal act)incidents that cause an immediate threat to life safety,property,or the environment in
the City and results in the suspension or limiting delivery of routine City business functions. If it
is determined that a condition exists or has the potential to occur that could cause an immediate
threat to the life safety,property,or the environment in the City,the City Manager or designee may
suspend provisions of the City of Friendswood's Personnel Policy Manual and/or Administrative
Rules.
9.03 Scope
This policy applies to all non-exempt and exempt employees, including Public Safety Personnel.
No employee is excused from work during the Pre-Impact or Impact Periods until the City
Manager,or designee,through their Department Director,or their designee,authorizes employees
to leave, even if a public announcement of office closures or suspension of routine City business
functions is issued.
9.04 Impact Periods
a. Pre-Impact Period
This is the time prior to a potential adverse incident and includes emergency response
activities and mitigation measures by the City of Friendswood's departments in preparing
for a potential adverse incident. This period may begin when the City Manager, or
designee,notifies Department Directors or Managers an adverse incident has the potential
to occur and/or the City Emergency Operations Center (EOC) is activated. No-notice
incidents may not have a"Pre-Impact Period."
b. Impact Period
This is the time during which emergency response activities and restoration of critical
services are conducted to protect life safety, property and the environment, and most
routine city business functions may be suspended. During this period, City management
may designate key essential personnel to take mandatory shelter in a facility recognized or
approved by the City (EOC, designated shelter, etc.). The Impact Period begins when a
majority of routine City business functions are closed and ends when the City Manager
notifies employees that it is safe for most routine City business functions to resume and
City employees to return to work.
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9.05 Employee Status
Prior to a determination of the existence of an adverse incident,Department Directors or designees
shall designate "Emergency Essential" and "Emergency Non-Essential" personnel. If applicable,
this status should be indicated on the employee job description. Individual employee status may
change, as the needs of the City change, during an adverse incident or at the discretion of the
Department Director, or designee.
a Emergency Non-Essential
After a needs assessment has been made, some employees may be temporarily dismissed
from work,concurrently or successively,as determined by the type of incident,those will
be designated as "Emergency Non-Essential." They will be placed on paid administrative
leave in accordance with this policy.
b. Emergency Essential
Each Department Director,or designee,is responsible for identifying those employees who
will be required to remain or respond during an adverse incident and those employees will
be designated as "Emergency Essential." "Emergency Essential" employees may be
required to be available immediately before(Pre-Impact) and during(Impact)the adverse
incident to perform duties directly related to the adverse incident conditions,as determined
by the City.
9.06 Emergency Duty Assignment
Prior to or during an adverse incident,the City Manager,or designee,may assign employees to any
duty to the extent that the City is not in violation of any State or Federal Law. This includes
employees of one department serving in an emergency capacity for any department or function as
assigned.
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CONDUCT
Effective Date: August 7, 2023
Revision Date: Chapter 10
10.01 Attendance
Employees shall be at their place of work in accordance with City and departmental policies and
regulations. Department Directors shall establish work schedules and maintain daily employee
attendance records. Supervisors will exercise the primary management-level responsibility to
oversee employee attendance.
Excessive absences, excessive tardiness, failure to report to work without reporting the reason to
the immediate supervisor, failure to follow the procedures for requesting or using leave are
undesirable performance factors and will be managed by supervisors who may use the disciplinary
process up to and including termination if necessary.
10.02 Tardiness
Non-exempt employees may be docked for time not worked. Exempt level employees may be
docked for disciplinary reasons in accordance with federal law. Disciplinary action up to and
including termination may result from tardiness in addition to being docked for time not worked.
10.03 Absence Without Leave
An employee failing to report for duty or remain at work as scheduled without proper notification,
authorization, or excuse shall be considered absent without leave and shall not be in a pay status
for the time involved. Absence without leave constitutes abandonment of duties,which may result
in disciplinary action,up to and including termination.
10.04 Work Performance
It shall be the duty of each employee to maintain high standards of cooperation, efficiency, and
economy while working for the City. Department Directors shall organize and direct the work of
their departments to achieve these objectives.
If the work habits, production, and/or personal conduct of an employee fall below appropriate
standards, supervisors should address the deficiencies at the time they are observed. Counseling
and warning the employee, if there is sufficient time for improvement, should ordinarily precede
formal disciplinary action. However, nothing herein shall prevent immediate formal action up to
and including termination, as provided elsewhere in the Personnel Policy Manual, whenever the
interest of the City requires.
10.05 Safety Standards
All employees of the City are required to comply with safety standards and guidelines established
by the City and their respective departments.
10.06 Political Activity
It is the policy of the City to encourage its employees to fully exercise their constitutional rights as
citizens to vote and participate in political activities. Although the City encourages active
participation in electoral activities, employees should be aware of certain provisions which apply
to them. Except as may be otherwise provided by law or contract, the following restrictions on
political activity shall apply to City employees:
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Revision Date: Chapter 10
a. City employees shall not use their positions for or against any candidate for public office
in any jurisdiction;
b. Employees, other than employees of the Fire Marshal's Office or the Police Department,
shall not make a contribution to the campaign fund of any person seeking City of
Friendswood City Council office.
C. City employees shall not use working hours or City property to solicit or attain any
subscription, contributions, or political service, or to circulate any petition or campaign
literature on behalf of any candidate for public office;and
d. City employees shall not engage in any political activity,with or without remuneration that
would constitute a conflict of interest with their City employment.
e. All employees will refrain,while in uniform or on duty,from using their influence publicly
and directly in any way for, or against, any candidate for elective office. No employee of
the City will be required to participate in any City election on behalf of any candidate for
City office,nor shall any City equipment be used by or on behalf of any political candidate.
10.07 Solicitation
"Solicitation" is defined as any act or attempt to advertise, market, take orders, offer to sell, sell
any product or service,or seek contributions for organizations,campaigns,or charitable purposes.
Solicitations,including via personal e-mail addresses,are not permitted by employees for personal
profit during working time or at any time in working areas. An employee may not engage in
solicitation of other employees while they are on duty. Solicitation shall not be permitted of or by
City employees during work or business hours,other than for the following exceptions:
a. Solicitation of funds for the purpose of parties, gifts, flowers, cards, or events for a City
employee shall be permitted of or by City employees during work or business hours.
b. Solicitation of funds for City-sponsored functions and events for charitable purposes shall
be permitted of or by City employees during work or business hours.
C. Solicitation of funds shall be permitted for local, not-for-profit youth-sponsored events
(i.e., school, band boosters, scouting). Solicitation of funds for these purposes shall be
limited to placing order forms or products for employees to view at their leisure.
Distribution of purchased goods shall only be permitted during lunch,permitted breaks,or
before or after work hours. For these types of solicitations use of city email or equipment
to send mass and/or unsolicited communications regarding these activities is prohibited.
No employee is required to make any contribution, nor will an employee be penalized in
any way in connection with their employment according to their response to a solicitation
of funds for City sponsored functions or events.
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Salespersons and vendors attempting to conduct unsolicited business with employees
should contact the Human Resources Department. Human Resources may provide for the
distribution of discount flyers or handouts for all employees.
10.08 Secondary Employment
Each full-time employee of the City shall understand that the employee's position with the City is
the employee's primary occupation, and it shall take precedence over all secondary employment,
including self-employment, at all times. City employees may engage in secondary employment
provided they receive prior written approval from their Department Director. An employee who is
working another job at the time of hire, and who intends to continue the other employment, must
so advise the appropriate Department Director and receive written approval to continue the
secondary employment. Approval must be placed in the employee's personnel file in Human
Resources. Failure to acquire approval could lead to disciplinary action.
When engaged in secondary employment, the employee must notify the Department Director or
designee in writing of the place and type of employment or business, and the hours of work.
Secondary employment shall not be permitted if it will bring the City into disrepute,reflect discredit
upon the employee as an employee of the City, or interfereibe in conflict with the performance of
the employee's City duties. Secondary employment will not be considered an excuse for poor job
performance,absenteeism,tardiness,leaving early,refusal to travel,or refusal to work overtime or
different hours. If secondary employment causes or contributes to job-related problems,it must be
discontinued, and if necessary, disciplinary procedures will be followed to address the specific
problems.
An employee whose position requires the employee to occupy an "on-call" status shall recognize
such status as an obligation to the City and shall fulfill that obligation if called to work for the City
during these hours even while working at a secondary job.
An employee shall not perform any secondary employment at any time when the employee is on
FMLA leave, sick leave,disability leave,workers'compensation leave,administrative leave,or an
unpaid leave of absence, or on restricted or light duty. An employee shall not perform any
secondary employment within eight (8) hours after the employee's missed work period with the
City due to the employee's illness or injury.Any exceptions must be expressly authorized in writing
by the Department Director, in coordination with the Human Resources Director.
No employee shall engage in any employment or business where the work performed by the
employee or that of the employee's agents is subject to approval/rejection,inspection,or licensing
by the City except pursuant to authorized department policies. However, nothing in this section
shall prohibit an employee from performing the same or other services that the employee performs
for the City for a private or public organization if there is no conflict with the employee's City
duties and responsibilities.
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No employee shall engage in any employment or business on a matter which is or has been the
subject of an investigation by the employee's department within the last twelve (12) months, nor
may the employee appear as a witness except by court order in any proceeding as a result of such
employment.
No employee shall identify himself with the employee's position, department, or the City in the
course of a sale or solicitation for sale of any goods or services or the advocacy of any policy,
practice, standard or position not officially sanctioned by the City.
This policy applies whether or not there is compensation for the work or employment.
10.09 Compliance with Ethical Standards
All employees shall comply in all respects with such ethical standards as may be established from
time to time by local, state or federal law, and/or these personnel policies or the associated
Administrative Rules. All City employees shall consistently maintain the highest standards of
personal integrity, honesty, and trust in carrying out their duties; avoid real or perceived
improprieties in their roles as public servants; and never use their City positions or authority to
improperly obtain personal and/or professional gain.These standards shall apply at all times during
the performance of City functions and include improper use of City equipment and/or City-issued
items, as well as seeking and accepting gratuities. Any potential conflict of interest and/or
circumstances that may present an ethical dilemma should be discussed with the appropriate
supervisor(s)or Human Resources.
a. Acceptance of Gifts
Employees shall not directly or indirectly solicit, accept, or receive any gift if it could
reasonably be perceived or inferred that the gift was intended to influence them in the
performance of their official duties; or if the gift was intended to serve as a reward for any
official action on their part. In many instances, businesses have a policy of giving gifts
during the holiday seasons and return of such gifts could create unnecessary ill will for the
City.Under these circumstances,gifts will be donated to appropriate organizations or made
available for general employee consumption. Should any question concerning the
procedure for disposing of a gift arise, the Department Director should be consulted.
Employees should not take advantage of their position to secure gifts or special privileges
either for themselves or others.
b. Disclosure of Information
Disclosing information that could adversely affect any City property,business dealing, or
any affair of the City,or using information gained while working in the City for the benefit
of himself/herself or others at harm to the City, is prohibited.
C. Abuse of City Property
The purpose of this section is to ensure proper care and accountability in handling City
property and equipment, including IT resources and communications systems. City
property and equipment are to be used only by those authorized to use it. Use shall be
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limited to official City purposes and in the capacity for which it was assigned,except when
otherwise directed by an appropriate supervisor or required by necessary circumstances.
Misuse of City property may include,but is not limited to,negligent,or intentional damage
or destruction of City equipment or property,waste of materials or negligent loss of tools
or materials, improper maintenance of equipment, or damage caused by use of tools or
equipment for purposes other than that for which the tool or equipment was intended.
Violations of any provisions within this policy will be grounds for disciplinary action,up
to and including termination.In addition to being subject to appropriate disciplinary action,
an employee may be responsible for the repair or replacement of any item lost or damaged
by the employee.
d. Misconduct and Dishonesty
Employees are expected to act in a professional manner, free from misconduct and
dishonesty. The following is a non-exclusive list of actions that the City considers to be
acts of misconduct and/or dishonesty:
Violation of the City's Personnel Policy and Administrative Rules;
➢ Theft or other misappropriation of assets, including assets of the City, its
customers,suppliers or others with whom the City has a business relationship;
➢ Misstatements and other irregularities in City records,including the intentional
misstatement of the results of operations;
➢ Forgery or other alteration of documents;and
➢ Fraud and other unlawful acts.
10.10 Alcohol and Drugs
a. Purpose
All employees of the City have a right to work in a drug and alcohol-free work
environment. The safety concerns as well as potential liability issues make it imperative
that the City operates under these standards.In order to protect the safety of all employees
and act in the best interest of the City, the Director of Human Resources shall outline
specific policies and procedures to accomplish this purpose.
b. Screenings
Being a public employer,the City is entrusted with the health and safety of its citizens.In
keeping with this obligation,the City will administer the following types of alcohol and/or
drug screening programs:
(1) Pre-employment Screening
Individuals who seek employment with the City may be required to undergo drug
screening procedures as part of the pre-employment physical examination. All
applicants receiving a contingent offer of employment and who are required to
undergo drug screening must successfully complete a urinalysis drug screen as part
of the pre-employment medical examination. If the selected applicant is found to
be positive for legal drugs, they must provide within 24 hours of request by the
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Human Resources Director, a valid current prescription for the drug identified in
the drug screen. If the prescription is not in the applicant's name or the applicant
does not provide a current prescription, or if the drug is one that impairs the
applicant's ability to perform the job duties, the applicant may be denied
employment.
(2) Reasonable Suspicion Testing, Post Incident/Accident Testing, Random
Testing For Safety Sensitive Positions
The City considers consumption of or being under the influence of drugs or alcohol
while on duty just cause for disciplinary action, up to and including termination.
The City also considers a positive drug screen indicating illegal drugs in the body
to be just cause for disciplinary action up to and including termination. The City
does not have the responsibility to prove impairment.
C. Rehabilitation Program
The City recognizes that alcohol and drug abuse can be successfully treated. Therefore,the
City provides a confidential Employee Assistance Program (EAP) for its employees and
their dependents that have personal problems including,but not limited to,drug or alcohol
dependency.
The City encourages the usage of the EAP as a source to assist the employee and
dependents in identifying resources to resolve their problems. The Human Resources
Department has further specific information on the EAP.
Participation in a program does not limit the City's right to seek reasonable assurances that
no use of drugs or alcohol is currently occurring. In similar terms,the employee is subject
to continued drug and alcohol screening at the discretion of the City.
If an employee elects to self-identify as having an alcohol- or drug-related problem, is
willing to immediately participate in and successfully complete a treatment program and
agrees to being monitored through drug/alcohol tests at the discretion of the City,the City
will make reasonable accommodations to assist the employee and will not take disciplinary
action based on the self-identification.The City will request periodic proof of participation
and drug/alcohol testing. Failure to comply with the provision or a positive test result
indicating illegal drugs or alcohol in the system shall result in immediate termination. An
employee may not make a self-referral in order to avoid a potential drug or alcohol test or
disciplinary action.
10.11 Violations of Law
City employees are subject to disciplinary action and/or job restrictions for violations of law,
including those resulting in charges being filed,arrest,confinement,indictment,and/or conviction,
as well as to acts prohibited by law not resulting in charges filed,arrest,confinement,or indictment.
Employees must notify their supervisor and/or department director in accordance with the
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administrative rules if they are arrested, charged, indicted, convicted, received deferred
adjudication or plead nolo contendere to any misdemeanor or felony.
10.12 Tobacco-Free Workplace
a. In General
Due to the acknowledged hazards of tobacco use and secondhand smoke, it shall
be our policy to provide a tobacco-free environment for all employees and visitors.
This policy covers any tobacco product,the use of smokeless or"spit"tobacco and
all vape devices and applies to both employees and non-employee visitors of our
organization. Tobacco use shall be permitted only at a reasonable distance outside
any enclosed area to ensure secondhand smoke does not enter the area through
entrances, ventilation systems or any other means.
b. Prohibitions
(1) Tobacco use will be strictly prohibited with city buildings;this list shall not
be all-inclusive but will include offices, hallways, waiting rooms,
lunchrooms, elevators, meeting rooms, all community work areas.
(2) There will be no tobacco use in any city vehicle at any time, including cars,
trucks, light equipment and heavy equipment, boats, etc.
10.13 Social Media
The City of Friendswood has an overriding interest and expectation in deciding what is "spoken"
on behalf of the City on social media sites. Postings and user profiles on personal social media
accounts must not state or imply that the views, conclusions, statements, or other social media
content are an official policy statement,position,or communication of the City of Friendswood,or
represent the views of the City or any City officer or employee. All use of social media by
employees, whether for business or personal activities, is subject to the City's policies,
administrative and departmental rules.Any social media accounts created or used by employees on
behalf of the City or otherwise for any City business belong solely to the City of Friendswood,
including any and all log-in information, passwords, and content associated with each account,
including followers and contacts. The City shall at all times retain sole ownership of all such
accounts, including all log-in information,passwords,and associated content. No employee shall
create any social media account to be used on behalf of the City or for City business without the
City Manger's express prior authorization. Violations of this policy may result in discipline,up to
and including termination.
10.14 Electronic Mail,Software Compliance,and Intranet/Internet Usage
Employees shall comply with the administrative rules,departmental rules,and rules established by
the Information Technology Department regarding accessing and using (i) the City's electronic
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mail system,(ii)software,and (iii)intranet and internet services. Such rules shall be in compliance
with all applicable federal and state laws and regulations. Employees'use of the city's email system,
software and intranet/intemet shall be subject to audit,disclosure and monitoring by the City.
10.15 Dress Code
It is the policy of the City of Friendswood that each employee's dress,grooming,and personal
hygiene should be appropriate to the work situation. Employees are expected,at all times,to
present a professional,businesslike image to customers and to the public. Dress shall be
business casual attire,unless the day's tasks require otherwise(i.e.,City Council Meetings,
Planning Commission Meetings,etc.). Employees must always present a clean,professional
appearance. Everyone is expected to be well groomed and wear clean clothing,free of holes,
tears,or other signs of wear.
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DISCIPLINE AND APPEALS
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11.01 Grounds for Disciplinary Action
All employees of the City are employees at will, it being specifically provided that no property
interest in City employment is granted by this section or elsewhere in these policies. Department
Directors may take disciplinary action against an employee with or without cause.
For cause disciplinary action may result from actions,including,but not limited to,the following:
a illegal,unethical,abusive,or unsafe acts;
h insubordination;
G work performance inefficiency and/or,neglect or abandonment of duties;
d participation in prohibited political activity or solicitation;
e. abuse of sick leave, injury leave, disability leave, or other benefits; tardiness or absence
without leave;
f falsification of official documents or records;
g using or a presence in the system of illegal drugs or under the influence of intoxicating
beverages while on duty;
h waste,damage,or unauthorized use of City property or supplies;
i unauthorized use or disclosure of official information;
} unauthorized or improper use of official authority;
k failure to respond to or cooperate with a City investigation; or
1 violation of City rules,regulations,policies,or procedures.
Supervisors should meet privately with employees to discuss performance or behavioral problems
when they first arise. Human Resources should be advised of and consulted prior to suspension or
termination of an employee.
11.02 Progressive Discipline
Where appropriate, the City maintains a practice of progressive discipline. Formal disciplinary
action taken shall be consistent with the nature of the deficiency or infraction involved and the
record of the employee. The steps are outlined but not limited to the following:
a Verbal Warning/Counseling
A verbal warning/counseling may be given identifying any violation(s) and
indicating needed improvement.
h Written Reprimand
As a step in the discipline process,an employee may be reprimanded in writing.
c Disciplinary Probation
An employee may be placed on disciplinary probation for a specified period of
time in order to allow the employee to show improvement regarding the problem
specified.
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d Suspension
A Department Director may suspend an employee without pay for disciplinary
reasons.
When an employee is under investigation for a crime or official misconduct or is
awaiting a hearing or a trial in a criminal matter, they may be suspended with or
without pay for the duration of the proceedings when such suspension would be in
the best interests of the City and the public. If the investigation or proceedings
clear the employee, they may be eligible for reinstatement under such terms and
conditions as may be specified by the City Manager.
e Reduction in Pay
A reduction in pay can be made by the supervisor after the approval of the
Department Director and the City Manager, in coordination with the Director of
Human Resources or designee.
f Demotion
An employee may be demoted upon the employee's request or for disciplinary
reasons by the supervisor for inability to adequately perform the current job if an
opening exists in a lower-level position. This decision is an alternative to
termination, at the discretion of the Department Director in coordination with the
Director of Human Resources,based on the employee's prior proven work record
and job performance.
g, Termination
Termination may culminate the end of the disciplinary or poor performance
process or may occur as the first step if the situation warrants it. Prior to dismissal,
the City will afford an employee a due process hearing. An employee terminated
from City employment will receive a written notice of termination which describes
the deficiency or infraction involved.
h Other
Other actions may be taken by the Director as deemed appropriate.
Any of the foregoing types of formal disciplinary action may be invoked for a particular
deficiency or infraction, depending upon the exact circumstances. An employee may be
formally warned at any time that they may be terminated or otherwise disciplined for
further unsatisfactory performance and/or conduct. The City's use of progressive discipline
does not prevent immediate formal action up to and including termination, whenever the
interest of the City requires. Nothing in this Section 11.02 shall be construed as creating a
presumption that the City may only terminate an employee for cause or alter the at-will
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employment status of the employee. The City retains the right to terminate with or without
cause.
11.03 Notice of Disciplinary Action
All written disciplinary notices should include a description of the employee's conduct,action taken
in response, and, except in cases of dismissal, the likely consequences of further unsatisfactory
conduct. All notices should be signed by the supervisor and the employee. All original written
notices and documentation of disciplinary actions are to be forwarded to the Human Resources
Department for inclusion in the employee's personnel file.
11.04 Result of Disciplinary Action
Disciplinary action does not automatically or permanently disqualify an employee from
consideration for future promotion,pay increases or other beneficial personnel action.
11.05 Appeal of Disciplinary Action
a. Standing to Appeal
An employee, other than a probationary employee, who is terminated, demoted, or
suspended without pay may appeal that decision to the City Manager.
b. Disciplinary Actions not Subject to Appeal
Actions which are not appealable under this process are:
(1) Verbal and written reprimands,
(2) Voluntary demotions,
(3) Positive drug and/or alcohol test results,and
(4) Disciplinary actions taken against temporary/seasonal employees.
C. Appeal to the City Manager
To appeal the decision of the Department Director, the employee can appeal to the City
Manager. The request must be made in writing within three (3) business days of the
employee's receipt of the decision made by the Department Director. The City Manager
will render a written decision to overturn the disciplinary action, uphold the disciplinary
action,or take different disciplinary action.
The decision of the City Manager shall be the final authority to the disciplinary appeal
process. A copy of the written decision to the affected employee will be retained in the
official personnel file.
d. Adherence to Deadlines
If an employee fails to appeal an adverse disciplinary action within the time limits
specified, fails to follow guidelines and/or procedures promulgated by this policy, fails to
cooperate in the scheduling or preparation of the appeal meeting and/or fails to appear at
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any scheduled meetings,the employee's appeal is considered void. The disciplinary action
shall be fmal and non-appealable.
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SEPARATION FROM EMPLOYMENT
AND REINSTATEMENT
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Revision Date:
12.01 Separation from Employment
a. Separation Processing
All employees who separate from the City will need to return records,property and other
instruments belonging to the City before the last day of employment in addition to
completing any required separation paperwork.
Human Resources will extend an invitation to each separating employee for an exit
interview. If accepted, an appropriate interview schedule will be established. The exit
interview is used to determine and document the reasons employees leave the City and to
solicit constructive feedback to improve effectiveness and/or efficiency of City operations.
b. Types of Separation
(1) Resignation
An employee may leave the City service in good standing by submitting their
resignation with at least two weeks'advance notice.The Department Director may
waive any portion of the notice period.
(2) Reduction in Force
It is the City of Friendswood's policy that a Reduction in Force ("RIF") is to be
considered as a last resort, to be used only after other alternatives to meeting the
financial crisis have been considered. Prior to initiating a reduction in force, the
City will consider less drastic alternatives, such as, but not limited to, wage and
hiring freezes, early retirement programs, salary reductions, transfers to new
positions within the City and shifts from full time to part-time work as methods to
solve the financial crisis.
(3) Incapacity
An employee may be separated for incapacity for medical reasons when the
employee no longer meets the standards of fitness required for the position or can
no longer perform the essential duties with or without an accommodation. A
finding of incapacity shall be made through individual medical determination by a
competent authority as determined by the City.
Separation for incapacity shall not be considered disciplinary action and shall not
operate to deny an employee the use of any accrued illness, injury, disability, or
other benefits.
(4) Job Abandonment
An employee who is unable to report to work at the designated time is required to
notify the employee's supervisor. Employees who fail to report to work without
notifying their supervisor of an absence,and without just cause,will be considered
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absent without leave, and are subject to disciplinary action up to and including
termination. If an employee is absent from work without notice for three
consecutive workdays,they are considered to have abandoned their job.A Notice
of Termination shall be sent via certified mail to the employee's last known home
address in these circumstances.
(5) Retirement
Eligible employees may be separated by retirement in accordance with the
requirements established by the Texas Municipal Retirement System("TMRS").
(6) Termination
The City may terminate an employee at any time with or without cause and with
or without notice, except for those employees subject to Section 614.023 of the
Texas Government Code.
(7) Death
If an employee dies while employed with the City,the beneficiary or estate will be
paid all appropriate earned pay and payable benefits. This process will be
coordinated by the Human Resources Department with assistance from the
Administrative Services Department and the City Attorney's Office.
12.02 Reinstatement
a. Employees Return Following a Reduction in Force
An employee who was previously part of a Reduction in Force may be recalled to work at
any time provided the person remains qualified to perform the duties of the position.
b. Return from USERRA Leave
In general, if the employee has been absent from a position of civilian employment by
reason of service in the uniformed services,the employee will be eligible for reemployment
under the Uniformed Services Employment and Reemployment Rights Act of 1994
("USERRA")by meeting the following criteria:
(1) The City had advance notice of the employee's service;
(2) The employee has five years or less of cumulative service in the uniformed
services in the employee's employment relationship with the City;
(3) The employee returns to work in a timely manner as defined under
USERRA;and,
(4) The employee has not been separated from service with a disqualifying
discharge or under other than honorable conditions.
Providing that the uniformed services member meets all criteria, the City of Friendswood
shall provide the following:
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(1) Prompt job reinstatement,
(2) Accumulation of seniority,including pension plan benefits,
(3) Reinstatement of health insurance,
(4) Training/retraining of job skills,including reasonable accommodations for
a disability,and
(5) Protection against discrimination.
To be eligible for protection under USERRA and this policy, the uniformed services
member must report back to work or apply for reemployment within the following
guidelines:
1-30 days of service Report next scheduled workday
31-180 days of service Apply within 14 days after completion of service
181+days of service Apply within 90 days after completion of service
An employee reinstated following USERRA leave shall be treated the same as an employee
returning from leave of absence without pay and be entitled to the same benefits.
Restoration of seniority and benefits shall be in compliance with State and Federal laws.
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