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I. DEFINITIONS.

A. The following definitions apply whenever these words and phrases are used in this Handbook, unless the context clearly indicates otherwise:

1. ADA or Americans with Disabilities Act means the Americans with Disabilities Act, 42 U.S.C. 12101 et seq., as from

time to time amended.

2. Appointing Authority means the Board of Trustees of the Town of Deer Trail, or the Board’s designee.

3. FLSA or Fair Labor Standards Act means the Fair Labor Standards Act, 29 U.S.C. 201 et seq., as from time to time amended.

4. Full-time regular employee means an employee hired to work 40-hour workweeks on a regular basis.

5. Part-time regular employee means an employee hired to work fewer than 40 hours per week on a regular basis.

6. Temporary or seasonal employee means an employee engaged in work full-time or part-time with the understanding that the employment will be terminated at the completion of a specific project or at a specified time.

II. GENERAL PROVISIONS. A. Introduction.

1. The purpose of this Handbook is to inform employees of the Town's personnel policies of general applicability. The Handbook is not all-inclusive, but addresses those topics most likely to be of interest to employees in the course of day-to-day operations.

2. The policies in this Handbook are not intended to supersede the Town's ordinances or other applicable laws; in case of any conflict between these policies and such ordinances or laws, the latter shall prevail.

3. The policies in this Handbook are not intended and shall not be construed to vest any employee of the Town with any rights arising from any express or implied contract of employment. The Town reserves the right to change or rescind these policies, and to determine the application of these policies to specific circumstances. The Town further reserves the right to alter or eliminate any benefits provided to its employees. Any alteration, elimination, or revision may be made applicable to then-current as well as future employees.

4. The provisions of this Handbook apply to all employees of the Town except as otherwise specified.

5. Certain provisions of this Handbook state that disciplinary action may result from specified conduct. The inclusion of these provisions does not and is not intended to limit, in any way, the imposition of disciplinary action for other types of conduct or for other reasons.

6. Any matter not specifically covered by this Handbook may be administered by the Appointing Authority in a manner not inconsistent with this Handbook.

B. Employment at Will.

1. Employment with the Town is "at-will." Any employee may be terminated with or without cause, a statement of reasons, or a hearing, just as any employee may resign at any time, for any reason. Nothing in these policies is intended to modify the Town's at-will employment policy.

C. Applicability of Handbook.

1. This Handbook applies to all categories of employees, except where the language specifically limits application to a certain category or categories only.

III. ORGANIZATION OF PERSONNEL ADMINISTRATION. A. Rights and Duties of the Appointing Authority.

1. Except as otherwise provided in the Town's ordinances, or other applicable laws, the Appointing Authority shall have and retain all rights to administer matters pertaining to employees of the Town including, but not limited to, the right to:

a. Hire, promote, demote, discipline, discharge, classify, reclassify, transfer, retire, assign, lay off and recall employees;

b. Evaluate each employee's skill, ability, efficiency, and general performance;

c. Determine the starting and quitting times, and the number of hours to be worked;

d. Revise, eliminate, combine or establish jobs and classifications;

e. Establish, abolish, reduce, or expand the operation of any facility, department or division, and reduce, increase, alter, combine, transfer or cease any department's operation, equipment or service;

f. Privatize or contract for services;

g. Introduce new, improved, or modified services, methods, techniques and equipment, and otherwise generally manage the operation of and direct the work force;

h. Establish selection procedures for employment

with the Town;

i. Prepare and revise from time to time a position classification plan for consideration by the Board of Trustees and allocate or reallocate each position to its proper place within said classification plan;

j. Prepare annually for consideration by the Board of Trustees a pay plan establishing the compensation and benefits for each position of employment;

k. Conduct wage studies from time to time and

recommend changes in the pay plan as may be appropriate;

l. Establish and maintain the official personnel file for each employee, and such additional records, forms and procedures as may be necessary or appropriate to facilitate personnel administration; and

m. Perform such other duties as prescribed by the Board of Trustees;

IV. EQUAL EMPLOYMENT OPPORTUNITY. A. Introduction.

1. It is the policy of the Town to ensure equal employment opportunity:

a. Regardless of a person's race, religion, color, creed, national origin, sex, marital status, or age; and

b. To persons with disabilities who are otherwise qualified to perform the essential functions of a position of Town employment with or without reasonable accommodation.

2. The goals and objectives of the Town's equal employment opportunity policy are to:

a. Ensure fair treatment and non-discrimination in hiring, employment, and promotion; and

b. Comply with applicable laws and regulations on equal employment opportunity.

c. With regard to otherwise qualified persons with disabilities, provide reasonable accommodations as provided in the Americans with Disabilities Act, including:

(1) Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position that the applicant

desires;

(2) Modifications or adjustments to the work environment, or to the manner or circumstances under which the position in question is customarily performed, that enable a qualified individual with a disability to perform the essential

functions of that position; and

(3) Modifications or adjustments that enable an employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by other similarly situated employees

without disabilities.

B. Equal Employment Opportunity Officer.

1. The Appointing Authority shall serve as the equal employment opportunity officer to carry out the Town's equal employment opportunity policy. The officer shall have primary responsibility for the Town's equal opportunity efforts, and shall advise and assist Town personnel in matters regarding implementation of and compliance with this policy. The officer shall examine existing internal policies or procedures that may serve as barriers to implementing this policy, and recommend changes in the same.

2. The equal employment opportunity officer shall be responsible for the following actions to assure equal employment opportunities in the Town:

a. Periodically review job descriptions to ensure that requirements are relevant to the tasks to be performed, and recommend changes needed to conform such requirements to the tasks to be performed;

b. Review pay and benefits to assure that they are relevant to the responsibilities of each job, and are administered on a non-discriminatory basis;

c. Assist Town personnel who are involved in employment decisions so that such decisions are made without discrimination, and that applicants are given equal opportunity regardless of race, creed, color, national origin, sex, marital status, or age, and that otherwise qualified applicants with disabilities are provided reasonable accommodations as provided in the Americans with Disabilities Act; and

d. Enlarge the pool of qualified candidates for employment to encourage diversity and ensure equal employment opportunity in hiring; including:

(1) Keeping vacancies in each position open for an appropriate time period;

(2) Advertising vacancies in available media, including but not limited to publication in at least one newspaper

of general circulation in the Town; and

(3) Providing orientation for employees on the Town's equal employment opportunity policy.

V. SELECTION PROCEDURES. A. Appointing Authority - Responsibilities.

1. The Appointing Authority shall be responsible for the administration of employee selection matters in accordance with this Handbook, including but not limited to the following responsibilities:

a. To approve the hiring, promotion, demotion, or transfer of each employee;

b. To prepare or cause to be prepared job descriptions for each position of employment, and review and amend such descriptions from time to time;

c. To include, in the proposed annual budget of the Town, provisions for the compensation of all employees, including benefits and overtime compensation; and

d. To propose, for inclusion in the Town pay plan, each position of employment, the number of employees authorized for each position, and the compensation and benefits applicable to each position.

2. The Appointing Authority shall ensure that no person is hired or promoted into any position of employment unless the position and the compensation therefor have been provided for in the Town pay plan.

B. Vacancies; Announcements.

1. A vacancy shall exist whenever the number of positions established in the pay plan exceeds the number of employees in such positions unless the Appointing Authority determines that the vacancy shall remain open. Otherwise, the vacancy shall be filled as soon as practicable.

2. If the Appointing Authority determines that the vacancy shall be filled, the Appointing Authority shall cause the vacancy to be announced by at least one publication in a newspaper of general circulation in the Town, by posting, and by such additional methods of dissemination as deemed appropriate by the Appointing

Authority. Such additional methods may include but are not limited to newspapers, broadcasting media, and job listing services. Such methods shall, to the extent feasible, advise the widest group of interested and qualified candidates of

the vacancy. All vacancy announcements shall include a statement that the Town is an equal opportunity employer.

3. No newspaper publication shall be required for a vacancy, which the Appointing Authority orders, filled by promotion pursuant to Subsection (5) of this Section.

4. For a position to be filled by more than one employee, the Appointing Authority may establish and maintain an eligible list consisting of candidates who are qualified, by virtue of competitive examinations conducted pursuant to Section C of this Chapter for appointment to the position. No candidate shall be maintained on the eligible list for more than one year.

5. The Appointing Authority may order a position to be filled by an internal competitive examination. If so ordered, the examination shall be open only to then-current employees of the Town who meet the minimum qualifications for the position, and shall be conducted in the manner provided for in Section D of this Chapter. Any current employee who is appointed to fill such a position shall be subject to an introductory period as provided in Section F of this Chapter.

C. Applications.

1. All persons wishing to apply for Town employment must complete a Town job application form, which must be submitted to the Town by the designated deadline. A resume may be attached to the application, but may not be substituted for the application.

2. Applicants may be disqualified for consideration for employment when any of the following factors exist:

a. The applicant does not meet, in the judgment of the Appointing Authority, the minimum qualifications for the job as set forth in the job description;

b. In the judgment of the Appointing Authority, the applicant has demonstrated an unsatisfactory employment record as evidenced by the results of a reference check;

c. The applicant has given any false information in his/her application or, in the judgment of the Appointing Authority, has otherwise practiced deception during the selection process; or

d. The applicant fails to respond in a timely fashion to contacts made or messages left by the Town.

D. Competitive Examinations.

1. The Appointing Authority shall cause to be conducted examinations, which shall consist of such written tests, practical demonstrations, personal interviews, oral boards, or any portion or combination thereof, as determined necessary or appropriate by the Appointing Authority to evaluate the applicants fairly and objectively. Test questions, demonstrations, and interview questions shall be limited to those that pertain to the position.

2. All applicants who have not been disqualified by reason of any circumstances described in Section C of this Chapter shall be notified of the date, time and place at which such examinations shall be conducted.

3. The Appointing Authority shall establish such procedures as determined necessary or appropriate to ensure the integrity of the examination, and to assure the fair rating of applicants.

E. Appointments.

1. Following the examination and rating of the candidates, the Appointing Authority shall make a recommendation of employment, in writing, to the top-rated candidate.

2. Following a refusal of appointment, an offer of employment shall be made to the next highest-rated candidate. A candidate's failure to accept an offer of employment within seven days following the mailing of the letter making such offer shall be deemed a refusal of such appointment.

F. Introductory Period.

1. There shall be a 90-day introductory period following each appointment to a regular full-time or part-time position. During this period, the employee will undergo orientation, receive

such training as is deemed appropriate, and be evaluated by the employee's supervisor.

2. An employee's introductory period may be extended for an additional 90 days at the discretion of the Appointing Authority.

G. Nepotism.

1. A relative of an employee shall not be considered for employment by the Town in circumstances where:

a. One relative directly or indirectly would exercise supervisory, appointment, or dismissal authority or disciplinary action over the other relative;

b. One relative would audit, verify, receive, or be entrusted with moneys received or handled by the other relative; or

c. One relative has access to the Town's confidential information, including personnel records.

2. If Town employees become relatives after employment by the Town, and any of the circumstances exist or would exist as described in Paragraphs a, b, or c of Subsection (1) of this Section, one of the related employees shall be separated from employment. The affected employees may choose the one to be separated but, if no agreement can be reached, the Appointing Authority shall decide.

VI. EMPLOYEE ORIENTATION AND TRAINING. A. Employee Orientation.

1. The Appointing Authority shall provide orientation to all new employees. Such orientation shall include information concerning the Town pay plan, personnel policies, employee benefits, promotional opportunities, safety and training programs, and other Town policies or programs having a bearing on employment.

2. It shall be the responsibility of each supervisor to orient or assure that orientation is provided to all new employees in regard to policies, goals, objectives, and job related policies and programs, and any other matter having a bearing on such person's employment, which are within the supervisor's areas of responsibility.

B. Training.

1. The Appointing Authority shall provide such training programs for Town employees as will promote efficiency, economy, and safety in the operation of the Town and to assist employees in improving abilities, and as can be accommodated by the Town budget.

2. Town-sponsored training, which is required for the performance of an employee’s job duties, shall be conducted, to the extent possible, during regularly scheduled work hours. Overtime compensation for training which the Town requires and which falls outside the employee's regularly scheduled work hours will be paid to the extent required by the FLSA.

VII. PERFORMANCE EVALUATION. A. General.

1. Evaluating employee performance is an integral part of a supervisor's responsibilities. The supervisor must be aware of the strengths, weaknesses, and accomplishments of those supervised. The evaluation process provides an opportunity for the employee and the supervisor to discuss the employee's progress in the job. Suggestions and constructive criticism can be made which can help the employee to improve performance. The evaluation is intended to measure performance of all employees whether or not they are eligible for a pay increase. Employees who are not eligible for a pay increase should be evaluated on the same criteria as employees who are eligible for a pay increase.

B. Timing.

1. Employees who are in their introductory period shall have their job performance evaluated after the first 90 days. All other employees will have their performance evaluated on an annual basis.

C. Process.

1. The Appointing Authority will be responsible for preparing and providing the performance evaluation form to be used in evaluations.

2. In the course of the evaluation, the employee and supervisor shall review the employee's job description and note any suggested changes to job duties. The supervisor shall forward any such suggested changes for review and approval by the Appointing Authority.

3. The evaluation form shall provide objective indicators of job performance, and shall include goals and objectives for the employee.

4. The evaluation process shall permit oral and written responses by the employee being evaluated. The evaluation form, following completion, shall be signed by the supervisor and the

employee, and then forwarded to the Appointing Authority for review, signature, and approval.

VIII. SAFETY; EMPLOYMENT-RELATED ACCIDENT, INJURY, OR ILLNESS. A. General Safety Rules.

1. The following lists only some of the key safety rules; the list is not intended to be exhaustive or all-inclusive. Each department may prepare separate safety rules applicable to the specific nature of work in their area but not in conflict with these rules.

a. Proper training and extreme caution are required by all employees operating any type of power equipment.

b. Employees will use personal protective equipment appropriate to the job, such as safety glasses, gloves, safety shoes, and hard hats, if required or appropriate to the work performed.

c. Employees will avoid wearing loose clothing and jewelry while working on or near equipment and machines.

d. All accidents, regardless of severity, personal or vehicular, are to be reported immediately to the employee's supervisor.

e. Defective equipment must be reported the supervisor.

immediately to least annually tools for which appropriate training has not been received.

h. Material Safety Data Sheets (MSDS) will be made available to employees handling materials to which such MSDS pertain.

i. Proper trenching and excavation procedures will be followed by employees involved in such operations.

j. Proper confined space entry procedures will be followed by employees involved in such operations.

f. Supervisors will conduct a safety inspection at of significant operations and properties.

g. Employees will not operate equipment or use

k. Work zone protection will be utilized when work is performed on a public way.

2. Employees are encouraged to think about how to make their workplace safer for both themselves and their coworkers. Suggestions on improving safety at the Town are welcomed and should be directed to the employee's supervisor.

3. Employees will be evaluated on their safety performance as part of their overall performance evaluation.

B. Safety Committee.

1. The Board shall act as a standing Safety Committee that shall meet as needed. Members shall include the head of each Town department and such other employees as determined necessary or appropriate by the Appointing Authority. The Committee shall be chaired by a member chosen by vote of the Committee. The chair shall be elected each year during the first meeting of the calendar year. The chair's term shall expire on the last day of the same year.

2. The Safety Committee shall be responsible for recommending safety rules for employees, training Town employees with regard to safety issues, reviewing and making recommendations concerning safety incidents and accidents, and coordinating safety issues with the applicable Town insurer.

3. The Safety Committee may establish safety rules, subject to approval by the Appointing Authority. Employees must comply with these rules. It is the responsibility of each employee to read and understand all Town safety rules. Disobeying a safety rule may result in disciplinary action up to and including discharge and, as provided in C.R.S. 8-42-112(1), may also result in the reduction of any workers' compensation benefits that would otherwise be available to an employee who suffers a work-related injury as a result of the disobedience.

C. Employment-Related Accidents, Injuries, and Illnesses.

1. Any employment-related accident involving any injury or property damage whatsoever must be reported to the immediate supervisor by each employee involved in or witnessing the accident. Such report shall be made immediately. Failure to report any accident involving injury or property damage may result in

disciplinary action up to and including discharge.

2. Employees are covered for employment-related injury or illness by the Colorado Workers' Compensation Act. Under the Act, an employee may receive certain benefits pertaining to an employment-related injury or illness.

3. Under the Act, a work-related injury or illness must be reported within four (4) working days.

4. To the extent practicable, the employee will be reinstated to the employee's position upon return from leave for an employment-related injury or illness. Where the operations of the Town permit, modified duty may be also available to facilitate a return to work by an employee.

5. The Town has selected Plains Medical Center as its designated provider of medical care for employment-related injuries and illnesses.

6. The Town will comply with the Americans with Disabilities Act (ADA) with regard to reasonable accommodations for an employee whose employment-related injury or illness results in a disability to which the ADA applies.

IX. PROHIBITED HARASSMENT. A. Introduction.

1. It is the policy of the Town that all employees are entitled to work in an environment free of prohibited harassment. Prohibited harassment will not be tolerated. A prompt investigation of all claims and complaints of prohibited harassment will be undertaken, and effective and appropriate corrective action will be taken when determined to be warranted based on the investigation.

B. Definitions.

1. The following definitions shall be governed by applicable law, which may change from time to time.

2. “Age harassment” means harassment because an individual is 40 years of age or older.

3. “Disability harassment” means harassment because of an individual’s physical or mental impairment that substantially limits one or more of the individual’s major life activities, because the individual has a record of such an impairment, or because the individual is regarded as having such an impairment. “Disability” does not include current illegal use of drugs, or impairment on the job by alcohol.

4. “Gender harassment” means harassment because of an individual’s male or female gender.

5. “Marital or family status harassment” means harassment because an individual is a parent or non-parent, married, single, divorced, separated, or widowed.

6. “National origin harassment” means harassment because of an individual’s ancestor’s place of original or because an individual has the physical, cultural, or linguistic characteristics (such as language, accent, or manner of speaking) of a national origin group. “National origin group” includes but is not limited to Hispanics (i.e., persons of Mexican, Puerto Rican,

Cuban, Central or South American or other Spanish culture or origin), Pacific Islander, Asian, Eastern, Middle Eastern, and Southern European origin.

7. “Prohibited harassment” means unwelcome conduct, including physical, verbal, or written conduct, that constitutes race/color harassment, national origin harassment, gender harassment, sexual harassment, religious harassment, disability harassment, age harassment, or marital/family status harassment, or that constitutes harassment based on other status under the equal employment opportunity laws, including but not limited to protection against retaliation for activities such as opposing a practice made unlawful by an equal employment opportunity law or participation in an investigation or other proceeding under the equal employment opportunity laws, or association with a protected individual.

a. Examples of “prohibited harassment” include but are not limited to: slurs, jokes, degrading comments, degrading pictures, degrading symbols, or other written, verbal, or physical conduct based on race/color, national origin, gender, sex, religion, disability, age, or marital/family status, which has the purpose or effect of unreasonably interfering with an individual’s work performance, creates an intimidating, hostile or offensive work environment, results in a tangible employment action, or is sufficiently severe or pervasive to alter the conditions of employment.

b. In addition, examples of prohibited conduct which constitutes “sexual harassment” include but are not limited to sexual advances, request for sexual favors, or other physical, verbal, or written conduct of a sexual nature, when submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment, submission to or rejection of the conduct by an individual is used as the basis for employment decisions affecting that individual, or submission to or rejection of the conduct by an individual otherwise results in a tangible employment action.

8. “Race/color harassment” means harassment because of an individual’s race or skin color. “Race’ includes, but is not limited to African American/Black, Caucasian/White, Asian/Pacific Islander, Hispanic, Latino, and Native American.

9. “Religious harassment” means harassment because of an individual’s traditional religious views or moral or ethical beliefs as to what is right and wrong, which beliefs are sincerely held with the strength of traditional religious views.

C. Procedures.

1. Any employee who believes that he or she is being subjected to prohibited harassment should inform the person responsible for the conduct that such conduct is unwelcome and plainly request that it stop immediately.

2. The employee shall inform the Town of the prohibited harassment by notifying his/her immediate supervisor, department head, the Appointing Authority, or the Mayor, as the employee chooses. The notification may be in the form chosen by the employee; the employee is urged to put the notification in writing.

3. No employee shall be subjected to reprisal or retaliation for making such a notification. The employee should report immediately any incidents of reprisal, retaliation, or harassment, which occur as a result of making such a notification.

4. Upon notification, an investigation will be undertaken promptly. Disciplinary and/or corrective action will be taken when determined to be warranted pursuant to the investigation. The complaining employee will be notified of the results of the investigation.

5. To the extent possible, complaints and investigations will be handled in a confidential manner.

6. If it is determined that any employee’s conduct constitutes prohibited harassment, the employee shall be subject to corrective and/or disciplinary action. That action may include verbal or written reprimand, suspension, or discharge as justified based on the findings of the investigation.

X. HOLIDAYS/VACATION/LEAVE TIME. A. Holidays.

1. This policy applies to the following categories of employees: full-time.

The following days are declared paid holidays:

day of January (New Year's Day) Monday of January (Martin Luther King’s Birthday) Monday of February (Presidents Day)

The first The third The third The last Monday of May (Memorial Day) The fourth day of July (Independence Day) The first Monday of August (Colorado Day) The first Monday of September (Labor Day) The second Monday of October (Columbus Day) The eleventh day of November (Veterans Day) The fourth Thursday of November (Thanksgiving Day) The twenty-fifth day of December (Christmas Day)

3. Other than the fourth of July, when the holiday listed above falls on a Sunday, the following Monday shall be considered a holiday, and when the holiday listed above is on a Saturday, the preceding Friday shall be considered a holiday.

4. A holiday falling within an employee's pre-approved scheduled vacation will not be charged against the employee's accrued vacation time.

B. Vacation Leave.

1. This policy applies to the following categories of employees: Full-time.

2. An employee shall accrue paid vacation at the rate of 84 hours per year from his/her anniversary date. After 5 years of employment an employee shall accrue paid vacation at the rate of 126 hours per year; after 10 years of employment 168 hours per year;

and after 15 years, 210 hours per year. No additional paid vacation is accrued while an employee is engaged in overtime work. No vacation leave is available until after the first 12 months of employment, at which time the full 84 hours for the first year becomes available. (Resolution 07-02)

3. An employee who terminates employment with accrued but unused vacation shall be paid at the employee's then-current regular rate for such accrued vacation time.

4. An employee may accrue and carry over from calendar year to calendar year his or her vacation time as follows: limit-40 hours.

5. Any vacation leave accrued in excess of the amount permitted by Paragraph 4 above and not used by the last full pay period of the calendar year shall be forfeited.

6. Upon separation from employment, the employee shall be paid at the employee's regular rate of pay for accrued vacation leave.

C. Sick Leave.

1. This policy applies to the following categories of employees: full-time.

2. An employee shall accrue paid sick leave at the rate of 40 hours per year (1.54 hours per pay period) from his/her Anniversary date. No additional paid sick leave is accrued while an employee is engaged in overtime work. Sick leave will be paid at the employee’s regular rate of pay at the time the leave is used.

3. There shall be a limit of 120 hours on the total amount of sick leave an employee may accrue.

4. For any period of sick leave exceeding three (3) consecutive working days' duration, the employee shall, at his/her expense, furnish the supervisor with a certificate or letter from a licensed health care provider setting forth the reason for the sick leave.

action.

5. Abuse of sick leave shall be grounds for disciplinary

6. Upon separation from employment, the employee shall

be paid as follows for accrued sick leave: 1⁄2 of regular pay. 7. Sick leave may be used only for the following

purposes: or

a. Absence due to the employee's illness or injury;

b. Absence for a medical appointment of the employee or an employee's family member. For purposes of this paragraph, the term "family member" means the employee's spouse, children, or parents.

7. All leave requests must be in written form and signed by the Supervisor.

D. Family and Medical Leave.

1. In 1993, Congress enacted the Family and Medical Leave Act (FMLA). While the FMLA applies to public employers, the public employer must employ at least 50 employees in order for the employee to be eligible for FMLA leave. Since the Town does not currently employ at least 50 employees, no Town employee is eligible for FMLA leave.

E. Military Leave.

1. Any employee who is a member of the national guard, or any other component of the military forces of the state organized or constituted under state or federal law, or who is a member of the reserve forces of the United States, organized or constituted under federal law, is entitled to leave of absence without loss of pay or applicable benefits during the time the employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law. Such leave without loss of pay or applicable benefits shall not exceed 15 days in any calendar year, shall be allowed if the required military service is satisfactorily performed, and shall be subject to any applicable conditions prescribed in C.R.S. 28-3-601 to -607.

2. The employee shall be entitled to payment from the Town in such amount as to make up the difference between payment received from such organization or component for the period and the regular rate of pay ordinarily received from the Town.

3. Military leave shall be in addition to and shall not be concurrent with authorized vacation leave.

4. Any employee who is required to continue in military service beyond the 15-day period shall be granted military leave without pay. During the period of military leave without pay, the employee shall continue to accrue applicable benefits, except sick leave and vacation leave. While on military leave without pay, the employee will be required to pay the full cost of any insurance benefits provided by the Town, if he/she wishes to continue the insurance benefits.

F. Bereavement Leave.

1. An employee who suffers a death in his/her immediate family shall be granted funeral leave. The supervisor may, in his or her discretion, grant up to five (5) days with pay based upon distance to be traveled and mode of transportation.

a. For purposes of this policy, an employee's "immediate family" includes his or her spouse, children, parents, grandparents, grandchildren or siblings, and the parents, siblings, or children of the employee's spouse.

b. Bereavement leave shall not be granted for settlement of estates nor for any other matter except required time to travel to, attend, and return from the funeral. Leave taken in excess of that required to attend the funeral shall be charged as vacation leave, or leave without pay, as appropriate.

G. Administrative Leave.

1. Employees may be placed on administrative leave, with pay at the discretion of the Appointing Authority, when possible disciplinary action is under consideration, or under such other circumstances as may be deemed necessary by the Appointing Authority. Employees placed on administrative leave will be advised of the reason for the leave and, if possible, the probably duration of the

leave.

H. Jury Duty/Court Time.

1. This policy applies to the following categories of employees: full-time.

2. An employee who is summoned for jury duty or subpoenaed in connection with his/her employment during a regularly scheduled work time will be compensated for the scheduled hours.

3. A copy of the subpoena or order requiring such duty must be submitted with a leave request in order for such compensation to be paid. As a condition of the receipt of such pay, any stipend paid to the employee for jury service or as a witness fee must be paid to the Town or an equivalent amount deducted from the employee's pay.

I. Voting.

1. Any employee whose work schedule effectively prevents voting before or after work hours shall be permitted paid leave not exceeding two hours for the purpose of voting. No such paid leave shall apply to any employee whose work schedule is such that there are three or more hours between the time of opening and the time of closing of the polling site during which the employee is not required to be on the job.

XI. DRUGS AND ALCOHOL. A. Drug-Free Workplace Act of 1988.

1. The following policy is adopted pursuant to the Drug-Free Workplace Act of 1988, 41 U.S.C. 702.

a. The Town is a drug-free workplace as required by the Drug-Free Workplace Act. It is both the Town's and each employee's responsibility to maintain such an environment.

b. The unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace. An employee's violation of this prohibition, or any other drug abuse violation, may result in disciplinary action up to and including discharge.

c. The Town will provide such educational information to employees on the dangers of drug abuse in the work place as the Appointing Authority and each supervisor determine appropriate.

d. As required by the Drug-Free Workplace Act, each employee engaged in the performance of any federal grant, as a condition of employment, must:

e. Abide by the terms of this policy; and

f. Notify the Town in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction. Upon notification of any such conviction, the Town will take action

in compliance with the Drug-Free Workplace Act and Regulations.

B. Drugs and Alcohol -- Testing. 1. Applicability.

a. Some provisions of this policy apply only to Town employees whose job descriptions require a commercial driver's license. The term "CDL employee" refers to these employees.

b. Except where a provision is limited in its application to a CDL employee, this policy applies to all Town employees.

2. Town Policy.

a. The illegal use of controlled substances (also referred to as "illegal drugs") and on-the-job impairment by alcohol, regardless of the source of the alcohol, are prohibited.

b. The illegal purchase, transfer, or possession of a controlled substance is also prohibited.

c. Exceeding the recommended dosage for over-the-counter drugs or the dosage prescribed by a medical doctor for prescription drugs is prohibited.

d. An employee who uses illegal drugs, tests positive for illegal drugs, or is impaired by alcohol on-the-job, will be subject to disciplinary action, which may include discharge for the first offense.

3. Definition of Policy Violations.

a. Any employee who is tested as having 0.04 or more grams of alcohol per 100 milliliters of urine, per 100 milliliters of blood, or per 210 liters of breath, will be deemed impaired by alcohol.

b. Any employee testing positive for an illegal drug will be deemed to have illegally used drugs.

4. Rehabilitation Agreement.

a. An employee may enter into a drug or alcohol rehabilitation agreement with the Town if, prior to referral for a

drug or alcohol test under any of the circumstances outlined in this Policy, the employee advises the employee's supervisor that the employee has a drug or alcohol problem and requests a rehabilitation agreement.

5. Testing - General.

a. The Town will have tests of breath or urine conducted to determine the presence of illegal drugs or alcohol under the following circumstances:

(1) When reasonable suspicion exists to believe that an employee is impaired by alcohol or drugs while on the job or is using illegal drugs, as described in Subsection 6 of

this Section;

(2) After certain motor vehicle accidents as described in Subsection 7 of this Section;

(3) For applicants for CDL employee positions, pre-employment testing (for drugs only) as described in Subsection

8 of this Section;

(4) In conjunction with medical examinations required for CDL drivers as described in Subsection 8 of this Section;

and

(5) For CDL employees, under a program of random testing as described in Subsection 8 of this Section.

6. Reasonable Suspicion Testing.

a. If reasonable suspicion exists to believe that an employee, while on the job, is impaired by alcohol or illegal drugs, a supervisor in the employee's chain of command, the department head, or the Appointing Authority may require the employee to submit immediately to testing.

b. Reasonable suspicion may be based on other facts and circumstances; reasonable suspicion may be based on the following:

(1) Witnessing by at least one supervisor (two, if feasible) of the employee's unusual demeanor, appearance or conduct, or irrational behavior (e.g.; slurred speech, lack of balance, excessive aggressiveness, docility, or drowsiness);

difficulty in performing or inability to perform normal job function; smell of alcohol or illegal drugs;

(2) Suspected possession of or use of alcohol or illegal drugs on the job; or

(3) A determination by a supervisor in the employee's chain of command, based on a review of surrounding facts and circumstances, that an employee might be at fault in an on-the-job accident or injury, or an operating accident, involving City/Town equipment, property, or personnel. In making such a determination, the supervisor should consider such factors as recommendations from the employee's immediate supervisor; injury to the employee or others; damage to property; concern for the safety of the employee

or others; and pertinent behavioral factors.

c. Alcohol tests under this Subsection 5 should be performed as soon as possible after the determination of reasonable suspicion.

(1) If an alcohol test is not performed within 2 hours of the determination of reasonable suspicion, the person who made the determination must document the reasons for the failure.

(2) If an alcohol test is not performed within 8 hours of the determination of reasonable suspicion:

(a) No further efforts to test will be made based on that determination, and the person who made the

determination must document the reasons for the failure; and

(b) If the employee is a CDL employee, the employee may not drive a commercial vehicle or otherwise perform any safety-sensitive functions until he or she has been off work for at least 24 hours, or has undergone an alcohol test with a result below a concentration of .02 grams of alcohol per 210 liters of breath.

7. Post-Accident Testing.

a. For purposes of this Subsection 7, the term "motor vehicle accident" includes an occurrence during the course of performing Town job duties which involves either a Town vehicle or the employee's personal vehicle and results in:

(1) A fatality or bodily injury to anyone;

(2) Damage to a vehicle or any other property;

(3) A citation for a moving traffic violation arising from the accident.

b. If an employee's actions either contributed to a motor vehicle accident, or cannot be discounted as a contributing factor to a motor vehicle accident, as determined by a supervisor in the employee's chain of command, the department head, or the Appointing Authority, the employee shall provide, as soon as possible after the motor vehicle accident, breath and urine samples to be tested for drugs and alcohol at a testing site designated by the Town.

c. Unless unable to do so because of a serious injury, the employee must immediate contact a supervisor in the employee's chain of command to report the accident. The supervisor will contact the department head or the Appointing Authority. If the supervisor, the department head, or the Appointing Authority determines that the employee shall be tested under this Subsection 7, transportation will be arranged to take the employee to the designated testing site.

d. If the employee is seriously injured and cannot provide a sufficient breath or urine sample, the employee shall provide the necessary authorization to permit the Town to obtain hospital reports and other documents that would indicate the concentrations, if any, of alcohol of drugs in the employee's system.

e. Alcohol tests under this Subsection 7 should be performed as soon as possible after the accident.

(1) If an alcohol test is not performed within 2 hours of the accident, the supervisor who ordered the test must

document the reasons for the failure.

(2) If an alcohol test is not performed within 8 hours of the determination of reasonable suspicion, no further efforts to test will be made based on that determination, and the person who made the determination must document the reasons for the

failure.

f. An employee subject to testing under this Subsection 7 shall not use alcohol for either 8 hours following the motor vehicle accident, or until the employee undergoes a

post-accident alcohol test, whichever comes first.

8. Other Testing Circumstances.

a. Applicants for CDL employee positions shall be subject to pre-employment drug testing.

b. CDL employees shall be subject to biennial drug and alcohol testing in conjunction with the medical examinations required for a commercial driver's license.

c. alcohol testing.

randomly tested for

CDL employees shall be subject to random drug

(1) 25 percent of all CDL employees will be alcohol each year.

(2) 50 percent of all CDL employees will be drugs each year.

d. for drugs and/or alcohol.

CDL employees will be subject to follow-up tests

9. Results of Drug or Alcohol Use.

a. Any employee found to be impaired by alcohol on-the-job, using illegal drugs, or testing positive for illegal drugs shall be terminated if:

(1) Driving is a required function of the employee's position as determined by the employee's job description;

(2) The employee was operating a Town vehicle or equipment, or the employee's personal vehicle on Town business,

when the employee was impaired or using illegal drugs; or (3) Other substantial safety concerns of the

Town are at stake.

b. A CDL employee having a breath alcohol test which shows an alcohol concentration of .02 - .039 grams per 210 liters of breath must take available sick leave, vacation leave or, if sick leave and vacation leave are exhausted, leave without pay, for one working day after taking the test. The employee may return to work after being off the job for one working day, but must first take a breath alcohol test that shows a concentration of less than

.02 grams per 210 liters of breath.

c. A CDL employee may not work within 4 hours of consuming alcohol obtained from any source. If a CDL employee has consumed alcohol within 4 hours of reporting to work, the employee must take available sick leave, vacation leave or, if sick leave and vacation leave are exhausted, leave without pay, until no alcohol has been used within 4 hours of the beginning of the employee's next work shift.

d. The taking of leave under Paragraphs b or c of this Subsection 9 may be considered an abuse of leave.

e. Any employee found to be impaired by alcohol on-the-job, using illegal drugs, or testing positive for illegal drugs, under circumstances other than those described in Paragraphs a, b, or c of this Subsection, shall be subject to discipline.

10. Refusal to Submit to Testing.

a. An employee who refuses to submit to drug and alcohol testing in compliance with this policy shall be deemed to have tested positive for illegal drugs and to be impaired by alcohol on-the-job. Refusal to submit to testing includes any of the following:

(1) Refusal to take the test;

(2) Inability to provide within 4 hours sufficient breath or urine to be tested, without a valid medical

explanation;

(3) Tampering with or attempting to tamper with or adulterate the specimen or collection procedure;

(4) Failure to comply with the requirement of paragraph f of Subsection 7 of this Section that the employee shall not use alcohol for either 8 hours following a motor vehicle accident or until the employee undergoes a post-accident alcohol test,

whichever comes first;

(5) Not reporting to the designated testing site at the scheduled time; or

(6) Refusal to provide the necessary authorization for obtaining hospital reports and other documents as

required under paragraph d of Subsection 7 of this Section.

11. Testing Procedure.

a. The supervisor making the determination of reasonable suspicion under Subsection 6 of this Section or ordering the post-accident test under Subsection 7, shall prepare a testing referral form, setting forth the basis for the finding of reasonable suspicion, or post-accident testing, as appropriate. The form shall be accompanied by other pertinent information, including names of witnesses of the circumstances or behavior that led to the referral. The supervisor shall make immediate arrangements to have the employee tested immediately,

and the drug and alcohol tests shall be performed as soon as possible.

b. Test results shall be held in confidence by the laboratories with which the Town contracts, and by the Town, and shall only be disclosed to the employee tested, any personnel involved in supervisory or disciplinary capacities with regard to the employee, or Town personnel participating in administrative or legal proceedings which concern in any manner the test results.

XII. EMPLOYEE CONDUCT. A. General Rules of Conduct.

1. The Town expects all of its employees to act in the best interests of the Town and the members of the public served by the Town. It is the responsibility of all employees to observe all rules, policies, operating procedures, and directives of the Town.

2. The Town further expects that each of its employees will behave with courtesy and respect toward other employees and members of the public. Specific rules of conduct adopted by the Town or described in these policies are not meant to be all-inclusive, but rather address some common and serious potential problems.

B. Workplace Violence.

1. The Town has a zero tolerance policy with regard to workplace violence. Employees are entitled to a work environment free of harassment, intimidation, stalking, threats of violence, and violence.

2. Any employee who experiences any of the foregoing, whether from a member of the public, a co-worker, a supervisor, or other person, should report the same promptly to a supervisor, department head, Appointing Authority, or Mayor, as the employee chooses. The notification may be in the form chosen by the employee; the employee is urged to put the notification in writing.

3. No employee shall be subjected to reprisal or retaliation for making such a notification; the employee should report immediately any incidents of reprisal, retaliation, or harassment, which occur as a result of making such a notification.

5. To the extent possible, complaints and investigations will be handled in a confidential manner.

6. If it is determined that any employee's conduct violates the Town's workplace violence policy, the employee shall be subject to corrective and/or disciplinary action. That action may include verbal or written reprimand, suspension, or discharge as justified based on the findings of the investigation.

C. Supplemental Rules.

1. Each department may have unique circumstances that may require supplemental rules of conduct. Such rules may be adopted by the department head subject to approval by the Appointing Authority.

D. Use of Town Property.

1. Town property is to be used only for official Town business, in an appropriate manner, and in accordance with all applicable rules, operating procedures, and directives. No employee shall remove Town property or the property of any other employee from Town premises or Town work sites without proper authorization. Any employee who steals Town property or the property of any other employee, or who abuses, misuses, damages, or destroys Town property, shall be subject to discipline, up to and including discharge.

2. A cell phone may be provided for Town employees. The Town will pay for $35.00 of usage of cell phone time per phone per month with the employee(s) responsible for the cost of any additional usage. In the case of any usage exceeding $35.00, the employee shall pay for his/her overage on the day following the next payday. Nonpayment may result in discipline, up to and including discharge.

(Resolution 06-02)

E. Use of Town Vehicles.

1. Town vehicles may be used only for the purposes and in the manner authorized by the Appointing Authority. Only authorized, qualified, and licensed Town employees may operate Town vehicles. All vehicles shall be operated in accordance with all applicable traffic laws, and vehicle operators shall be responsible for the condition and proper use of their vehicles. Unauthorized or improper use of Town vehicles may result in discipline, up to and including discharge. The Town reserves the right to review an employee's driving record at any time.

F. Conflict of Interest.

1. Town employees shall not place their personal or business interests above the best interests of the Town's constituents. Accordingly, in addition to any other prohibitions established by charter, ordinance or other applicable law, employees of the Town shall not:

a. Engage in a substantial financial transaction for private business purposes with another employee whom they supervise;

b. Take any official action directly and substantially affecting their economic benefit, a business or other undertaking in which there is a substantial financial interest or business arrangement;

c. Disclose or use confidential information acquired in the course of their official duties to further personal financial interests; or

d. Accept a gift of substantial value or a substantial economic benefit which might tend improperly to influence an employee in the discharge of their responsibilities, or which could be construed as a reward for action taken in the course of official duties.

XIII. SEPARATION FROM EMPLOYMENT. A. Resignation.

1. Resignation is a voluntary act of separation from employment initiated by the employee. The employee shall give the employee's supervisor at least ten (10) working days' prior notice of resignation.

2. An employee who, without authorization, fails to report for work for two consecutive working days shall be considered to have resigned voluntarily as of the end of the second consecutive day. The department head shall provide written notice to the employee that the resignation has been accepted and that the position has been declared vacant.

B. Reduction in Force.

1. When warranted by changes in Town operations or by fiscal circumstances, the Town pay plan may be amended to impose a reduction in force in one or more departments. The Appointing Supervisor shall then notify the affected employee or employees at least two weeks in advance of such reductions.

2. A reduction of the number of employees in any department shall be made in the following order:

a. Temporary or seasonal employees; then

b. Introductory period employees; then

c. Regular full-time and part-time employees.

3. If an eligible list exists pursuant to Chapter V, Section B, Subsection 4 for a position in which a reduction in force has occurred, the name of each employee to whom the reduction applies shall be placed on the eligible list for a period not to exceed one year.

C. Discharge.

1. Employment with the Town is terminable at-will. Any employee may be discharged with or without cause, at the sole discretion of and upon notice from the Appointing Authority. An employee in a regular full- or part-time position shall receive at least ten (10) working days' prior notice of the discharge, or the employee's regular rate of pay for ten (10) working days, and an employee in a temporary or seasonal position shall receive at least five (5) working days' prior to notice of the discharge, or the employee's regular rate of pay for five (5) working days.

XIV. DISCIPLINE. A. Disciplinary Action - General.

1. The type of discipline to be imposed for an infraction shall be that which the Town, through the Appointing Authority, department heads, or supervisors deem appropriate under the circumstances; each may, in his or her discretion, determine that any of the following disciplinary actions is appropriate, and may determine the order of any such disciplinary actions.

2. Certain provisions of this Handbook state that disciplinary action may result from specified conduct. The inclusion of these provisions does not limit, and is not intended to limit, in any way, the imposition of disciplinary action for other types of conduct or for other reasons.

3. Disciplinary action may include:

a. Oral warning or reprimand: The employee is orally counseled as to the unsatisfactory areas of work, and methods of improvement.

b. Written reprimand: The employee is issued a written reprimand, which includes a statement of the problem and a notation to the effect that the problem was discussed with the

employee. A copy of the reprimand is placed in the employee's personnel file. The reprimand may also place the employee back in an introductory period for a specified time.

c. Suspension without pay: The employee is suspended from employment for any number of days, depending on the seriousness of the problem, without pay.

d. Disciplinary demotion: The employee is placed into a position with a lower compensation rate for disciplinary reasons.

e. Discharge: The employee is discharged from

employment.

B. Disciplinary Rules.

1. In addition to any other conduct described in this Handbook, the following conduct may result in disciplinary action, to and including discharge:

inefficiency;

City/Town;

a. Inadequate job performance, incompetence, or

b. Insubordination; c. Conduct unbecoming to an employee of the

d. Violation of any lawful rule, regulation, policy, or order, or failure to obey any proper directive made and given by his/her supervisor;

e. Taking a fee, gift, or other valuable things in the course of or in connection with work for personal use from any person, when such gift or other valuable thing is given in the hope or expectation of receiving a favor or better treatment than that accorded other persons;

f. Conviction of, a plea of guilty to, or failure to contest a crime which involves moral turpitude or which affects the employee's ability to perform a job function;

g. Falsification of or material omission from an employment application, payroll records, time reports, or other Town documents;

h. Negligent or willful damage, destruction, waste, or carelessness, negligence, or misuse of Town or public property;

i. Theft of Town property;

j. Use of or attempting to use political influence in securing promotion, leave of absence, transfer, change of grade, pay, or character of work;

k. Improper use of Town vehicles or equipment, including communications equipment;

l. Violation of safety rules or practices;

m. Unauthorized absence or unauthorized failure to report for work;

authorization;

n. Frequent or habitual tardiness;

o. Leaving assigned work area without prior

p. Possession of firearms or dangerous weapons on Town property, other than as required or permitted in the performance of official duties;

q. Abuse of leave; r. Abuse of break periods; s. Release of confidential information of the Town

except as required or authorized by law; t. Violation of the Town's sexual harassment

policy;

u. Violation of the Town's drug and alcohol policy; v. Violation of the Town's workplace violence

w. Inducing or encouraging any employee of the Town

to violate any Town ordinance, rule, regulation, policy, or directive;

x. Engaging in any unauthorized interruption of

work;

y. Failure of a nonexempt employee to obtain advance authorization for overtime work;

z. Loss of any license, certificate, or other credential required for the performance of a job responsibility;

aa. Violation of any other applicable City/Town policy concerning employee conduct; or

bb. Any other activity that is not compatible with good public service.

2. The foregoing list is not exhaustive; employees shall be subject to discipline under other appropriate circumstances.

XV. COMPENSATION AND BENEFITS. A. General.

1. Employees shall be paid at the following pay periods: bi-weekly. In the event that said pay period falls on a holiday, payment shall be made on the last working day preceding such holiday. (Resolution 03-03)

2. The workweek is declared to be a seven consecutive day period beginning at 12:01 A.M on each Sunday and ending at midnight on each Saturday. (Resolution 03-03)

3. The regular workweek for all full-time City/Town employees shall be forty (40) hours except in cases where the employee is in an exempt position for purposes of the Fair Labor Standards Act and the duties of the employee require work exceeding such forty (40) hour period.

4. Nonexempt employees under the Fair Labor Standards Act shall be paid for overtime work at a rate of one and one-half times the employee's regular hourly rate of pay for each hour of work in excess of forty (40) in any workweek. No overtime shall be worked

or compensated unless approved by the supervisor in advance.

5. Insurance: Full-time employees shall be provided with health, dental, and life insurance by the employer - employer contribution 100%.

B. Mileage reimbursement.

1. An employee who is required to use a personal vehicle on Town business shall be reimbursed for such use at the then-current Internal Revenue Service mileage rate. The employee must be specifically authorized by the supervisor for such use in advance. A mileage report shall be submitted at such intervals as required by the supervisor to substantiate such use. No reimbursement shall be allowed without such report.

XVI. PERSONNEL RECORDS.

A. The Appointing Authority will keep and maintain each employee's official personnel record.

B. Neither the Appointing Authority, nor any department head, nor any supervisor shall provide any information concerning an employee's employment status in response to a reference request, except the employee's beginning and ending dates of Town employment and positions held with the Town.

C. No documents shall be released from a personnel record, except as required by the Open Records Act, without a written request from the employee designating the documents to be released and the person or entity to which the release is to be made, and indemnifying and holding harmless the Town from any liability, claims, and demands resulting from such release.

ACKNOWLEDGEMENT OF RECEIPT OF TOWN OF DEER TRAIL PERSONNEL HANDBOOK

(TO BE COMPLETED BY EMPLOYEE AND RETURNED TO APPOINTING AUTHORITY)

This acknowledges that I have received a copy of the Town of Deer Trail Personnel Handbook dated ___________________. I understand that this Handbook is only a guide to the ordinances, resolutions, and other laws applicable to my employment, and that this Handbook is neither an express nor implied contract of employment; and that the Town remains free to make such changes in its personnel policies, including but not limited to any matters addressed in this Handbook, without prior notice and in its sole discretion.

I understand that it is my responsibility to read and become familiar

with its contents. I agree to abide by the above, as conditions of my employment, as well as all written policies, rules, and regulations that are in effect or that may become effective during my employment.

Print Name:______________________________ Signature: ______________________________ Date: ______________________________