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HomeMy WebLinkAboutRes 2023-42RESOLUTION 2023-42 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING AND RESTATING THE TOWN OF FOUNTAIN HILLS EMPLOYEE PERSONNEL MANUAL. WHEREAS, the Town's employee personnel manual was last comprehensively rewritten in 2018, and WHEREAS, the Town desires to amend and restate personnel policies to reflect changes in staffmg related to fire department personnel being employed, provide clearer compliance language, and increase employee satisfaction, and NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Town, through its Mayor and Council, hereby amends and restates the Town of Fountain Hills Employee Personnel Manual, attached hereto as Exhibit A. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, December 19, 2023. FOR THE TOWN OF FOUNTAIN HILLS: 0? Ginn Dick , Mayor REVIEWED BY: Rachael Goo own Manager ATTESTED TO: Linda Mendenhall, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney TOWN OF FOUNTAIN HILLS PERSONNEL POLICY MANUAL Amended and Restated December 2023 TOWN OF FOUNTAIN HILLS 16705 E. AVENUE OF THE FOUNTAINS FOUNTAIN HILLS, AZ 85268 480-816-5100 Contents INTRODUCTION MATTERS 6 100. General Policy Statement 6 101. About the Organization 7 102. Mission Statement 7 EMPLOYMENT MATTERS 8 200. Equal Employment Opportunity 8 201. Recruitment And Selection 9 202. Background Checks 10 203. Loyalty Oath 11 204. Immigration Law Compliance 12 205. Introductory Employment Period 12 206. Nepotism and Personal Relationships 15 207. Secondary Employment 16 208. Job Descriptions 17 209. Temporary Work Assignments 17 210. Temporary Staffmg 19 211. Reduction In Workforce 19 212. Separation from Employment 20 TIME AT WORK AND TIME AWAY 22 300. Work Week and Hours of Work 22 301. Breaks/Meal Period 23 302. Breastfeeding/Lactation 24 303. Attendance 25 304. Absentee Reporting 25 305. Sick Leave 26 306. Vacation 29 307. Holidays 32 308. Paid Personal Leave 34 309. Bereavement Leave 35 310. Jury/Witness Duty 35 311. Voting Leave 36 312. Federal Family and Medical Leave (FMLA) 37 313. Military Leave 40 Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 2 314. Leave of Absence Without Pay 41 315. Exempt Leave 42 316. Recognition Leave 43 WAGES AND COMPENSATION 45 400. Wage And Salary Administration 45 401. Employment Categories 48 402. Exempt/Non-Exempt FLSA Classifications 49 403. Call -Back Pay 50 404. Stand -By Duty (On -Call) 52 405. Job -Sharing 53 406. Payroll and Timekeeping 54 407. Garnishments 55 408. Personal Data Changes 55 409. Direct Deposit 56 410. Travel Time 56 BENEFITS 58 500. Benefits 58 501. Medical, Pharmacy, Dental, Vision, and Cobra Continuation 58 502. Other Benefits 60 503. 401A Retirement Plan 61 504. Deferred Compensation (457) 61 505. Health Savings and Flexible Spending Accounts 62 506. Employee Assistance Program 62 507. Officer Craig Tiger Act 63 508. Tuition Reimbursement 64 509. Training Funding 66 510. Memberships 67 511. Service Awards 67 HEALTH, SAFETY & SECURITY 68 600. Drug and Alcohol -Free Workplace 68 601. Drug and Alcohol Testing 69 602. Smoke -Free Workplace 75 603. Firearms/Weapons 75 604. Violence in the Workplace 76 605. Identification Badges and Building Access 78 Town of Fountain Hills Personnel Policy Manual - Amended and Restated December 2023 3 606. Family or Guests in Non -Public Areas 78 607. Safety Equipment/Uniforms 79 608. Workplace Safety 79 609. Reporting Accidents & Incidents 80 610. Workers Compensation 81 611. Temporary Modified Duty 83 612. Fitness for Duty 85 613. Reasonable Accommodations 86 614. Medical Examinations 87 615. Immunizations 88 616. Service Animals in the Workplace 88 617. Surveillance System 89 618. Use of Town Property 90 619. Use of Town Premises and Office Materials 92 EMPLOYEE CONDUCT 94 700. Dress Code and Personal Appearance 94 701. Performance Evaluation 96 702. Conflict Of Interest 97 703. Outside Activities of Staff 99 704. Gifts Policy 99 705. Customer Service Expectations 100 706. Code of Conduct 100 707. Harassment 101 708. Whistleblower Protection 103 709. Confidentiality 104 710. HIPAA 105 711. Work Rules 106 712. Corrective and Disciplinary Action 108 713. Problem Solving 112 714. Grievances 113 TECHNOLOGY POLICIES 115 800. Technology 115 800-A. Intranet/Internet and Email 121 801. Software/Hardware 126 802. Audit of Information Systems 130 Town of Fountain Hills Personnel Policy Manual - Amended and Restated December 2023 4 803. Workplace Monitoring 131 804. Social Media 131 805. Cellular Devices 133 OTHER WORKPLACE POLICIES 134 900. Personnel Files 134 901. Reference Inquiries 135 902. Bulletin Boards 135 903. Solicitation 136 904. Office Decor 136 Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 5 INTRODUCTION MATTERS 100. General Policy Statement PURPOSE: The Personnel Policy Manual (or the "Manual") has been developed to provide clarity to all employees of Fountain Hills. It is meant to communicate our mission, expectations, policies, and procedures. It is the responsibility of each employee to read and be familiar with the information contained in this Manual. SCOPE: These personnel policies shall apply to all Town employees unless otherwise noted. These personnel policies do not apply to elected officials; officers subject to appointment and removal by the Council; consultants hired on a contract basis; contract employees; volunteer workers who receive no regular compensation from the Town; and members of boards, committees and commissions established by the Council; however, these individuals to which the personnel policies do not apply, may be subject to separate rules. In the event of conflict between these policies and any Town ordinance, or state or federal law, the terms and conditions of those ordinances or laws shall prevail. POLICY: The Town Council enacts these policies in order to further the following goals: 1. To familiarize employees with the human resources policies of the Town. 2. To assist managers in the development of sound management practices and procedures, and to make effective and consistent use of human resources throughout the Town. 3. To promote communication between department heads, supervisory staff, and employees. 4. To ensure, protect, and clarify the rights and responsibilities of Town employees. This Policy Manual supersedes and replaces all previous personnel policies and procedures on issues that are addressed in this document. In the event of the amendment of any ordinance, rule, or law incorporated in these policies or upon which these policies rely, these policies shall be deemed amended in conformance with those changes. The Town Manager shall have the authority to make such amendments, as mandated by local, county, state or federal ordinance, regulation or law, and shall also have the authority to make non -substantive amendments. Amendments shall be reported to the Town Council. The Town of Fountain Hills specifically reserves the right to repeal, modify or amend these policies at any time, with or without notice. None of these provisions shall be deemed to create a vested or contractual right in any employee or limit the power of the Town Manager to repeal or modify these policies. These policies are not to be interpreted as promises or specific treatment. Violation of these policies will be perceived as a serious matter and may result in disciplinary or other administrative action, up to and including termination of employment. The Town may terminate an employee for any reason or no reason during the introductory period as long as the termination is not based on discrimination. In addition, the Town may terminate an employee for cause after the introductory period. Likewise, the employee may terminate employment at any time. No individual supervisor, manager or officer can make a contrary agreement. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 6 Scope of Coverage These policies apply to all employees of the Town of Fountain Hills except where specifically stated otherwise in the Town Code, in these human resources policies, or in a written employment agreement between the Town and certain management -level employees, such as the Town Manager and Town Magistrate. These policies and procedures do not apply to non- employee positions as defined in the Town Code, including elected officials; members of boards, committees, and commissions; persons engaged by the town on a contractual basis; persons appointed by Council; and other personnel whom the Council may designate. Policy Administration :\dministration of the Town's personnel policies is the responsibility of the Town Manager. Disclaimer Any statement or promise made by any supervisor or other employee will not change this Manual or create a legal agreement. Final interpretation and implementation of any of the policies or rules in this Manual are vested solely with Town Administration. This Manual is subject to change and modification by the Town with or without notice. Every employee is responsible for policy compliance, including any policy revision/update that has been distributed. Language Conflicts In the event of conflict between these policies and procedures and state, local, or federal law, the terms, and conditions of the state, local, or federal law shall prevail. 101. About the Organization The Town of Fountain Hills has an unrelenting commitment to excellence and equal treatment of its employees and customers. The Town of Fountain Hills (or the "Town") municipal government provides a variety of services such as zoning ordinances and the Town code. Major departments include Administration, Community Services, the Court, Development Services, law enforcement (contracted with the Maricopa County Sheriff's Office), and fire and emergency medical service. The Town is operated with a seven -member Town Council handling policy decisions for Fountain Hills. The Town Manager is responsible for all personnel and administrative matters and has a broad authority to lead the organization, ensuring the policy decisions of the council are carried out, strategic planning, preparing the annual budget, serving as a key advisor to all of the elected officials, lead and supervise the department directors, and ensuring operational and administrative functions are complete. The oversite of the department operations is a function of the department directions, who are hired by the Town Manager, to be the subject matter experts in their field of expertise. The department directors are responsible for leading and engaging a highly qualified workforce to carry out the Council's vision and mission for the organization. 102. Mission Statement The Town of Fountain Hills' purpose is to serve the best interests of the community by: providing for the safety and well-being of its residents and visitors; respecting its special, small-town character and quality of life; providing superior public services; sustaining the public trust through open and Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 7 responsive government; and maintaining the stewardship and preservation of its financial and natural resources. To serve and respect, and provide trust and stewardship. EMPL OYMENT MATTERS 200. Equal Employment Opportunity PURPOSE: To provide equal opportunity in employment to all qualified employees and applicants for employment. SCOPE: This policy applies to all applicants and employees throughout every aspect of the employment relationship including, but not limited to: recruitment, selection, placement, training, compensation, benefits, promotion, transfer, discipline, termination, and social and recreational programs. POLICY: The Town of Fountain Hills is an equal opportunity employer. The Town does not discriminate on the basis of race, color, religion, sex, age, disability, or any other legally protected status. All employees are required to have proof of identity and authorization to work. It is our policy to seek and employ the best qualified personnel in all positions, to provide equal opportunity for advancement for all employees, including promotion and training. Further, the Town is committed to providing a work environment in which employees are treated with courtesy, respect and dignity. As an employer, the Town will not tolerate any form of harassment, verbal or physical, with regard to an individual's race, sex, national origin or any other protected characteristics. All employees are encouraged to bring any concerns to the attention of the Human Resources Administrator or direct supervisor as set forth in the Harassment Policy, contained herein. The Town also provides reasonable accommodations for qualified individuals with disabilities in accordance with the Americans with Disabilities Act and for employee's religious observances and practices to the extent provided by law. It is the employee's responsibility to notify the Town of the need for a reasonable accommodation and to provide medical documentation upon request. It is the responsibility of every employee to cooperate with the spirit and intent of this policy. Violations and/or complaints of this section shall be referred to any of the following: supervisor, manager, department director, or human resources department. It is the intent that issues be dealt with in a timely and appropriate manner. Employees found to be in violation of this policy will be subject to disciplinary action. Positive action is required from all employees to help ensure the Town complies with its obligations under state and federal law. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 8 201. Recruitment and Selection PURPOSE: To establish guidelines to fill vacant positions. SCOPE: This policy applies to all vacant positions. POLICY: Fountain Hills observes all equal employment opportunity laws and regulations in its recruitment and selection efforts. Selection techniques used by the Town are intended to be impartial, practical, job -related, and consistent with business necessity. The examinations used may include, but are not necessarily limited to, oral, written, performance, physical/mental fitness, and training/experience evaluations. In addition, evaluation of past work performance, work samples, personal interviews, and background investigations may be used in the selection process. Recruitment for positions shall occur in the following order: Permission shall be obtained by Department Heads from the Town Manager to initiate recruitment proceedings. 1. Recruitment shall be advertised as the Town Manager deems advisable. 2. All hiring decisions of the Town Manager shall be fmal. 3. All applications, resumes, interview forms, recruitment information and process information shall be retained by the Town in accordance with State of Arizona retention laws. Application Process When the Town determines that a vacancy or new position will be filled, Human Resources may advertise publicly as needed to yield the most qualified candidates. The Town will normally display a position announcement of such vacancy or new position on the Town website, other public websites, professional organization websites, and via internal email communications. Applicants are expected to submit a completed Town of Fountain Hills online application form. Failure to complete the online application form may result in disqualification. Completed applications become the property of the Town of Fountain Hills and are not returned to applicants. A Town application is required of all applicants, regardless of current employment status with Fountain Hills. If an applicant needs an accommodation in order to submit a Town application form, they should notify Human Resources. On occasion, the Town Manager may abbreviate the recruitment process up to and including direct appointment, for positions that report directly to the Town Manager, only in circumstances where both the Human Resources Head and Town Manager approve of and recommend the appointment. Minimum Qualifications Meeting the minimum qualifications does not automatically guarantee an interview. The selection process will include an evaluation of the applicant's education, relative abilities, skills, knowledge, and experience. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 9 Internal Applications To be eligible to apply for a posted job, current employees must have performed competently for the last six (6) months in their current position. In addition, employees who have been in a disciplinary process within the last year are not eligible to apply for posted jobs. Resection Any application may be rejected for reasons including, but not limited to: 1. The applicant appears not to possess the qualifying experience and training required for the position. 2. The applicant has made any misstatement of any material fact. 3. The applicant has practiced any deception or fraud in their application. 202. Background Checks PURPOSE: To establish a policy regarding background checks, reference checks, motor vehicle record checks, to be in compliance with the Fair Credit Reporting Act and any other screens to serve the position posted. SCOPE: This policy applies to all internal and external applicants. POLICY: The Deputy Town Manager/Administrative Services Director will administer or make the decision to delegate this process to a third -party vendor. All employees applying for any position with the Town of Fountain Hills will be subject to a background and/or reference check with current and former employers and/or managers. Unless required by law, reference checks and background checks will not be shared with the potential employee. Candidates will be notified during the hiring process which checks will be performed. The required information may include, but is not limited to education, licenses, certifications and degrees, employment history, criminal history, and driving records, if applicable. Employment will be offered pending the return and disposition of such background checks and contingent upon the results of the checks. Only individuals in Human Resources or their designee, who are authorized to do so, may initiate or receive a pre -employment criminal background check. Information gained from any of the above background checks will be held in confidence and shared with management individuals only on a need -to -know basis, unless the law otherwise requires. Fair Credit Reporting Act Any individual offered a position that has responsibility for initiating or affecting financial transactions may be required to submit to a credit check. These responsibilities could include, among other duties, collecting or handling cash or checks, writing checks or approving them, access to a direct money stream, or being a fiduciary to the organization. Any employee subject to a credit check will be provided with the proper legal notices required under the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq. ("FCRA"). The Town will obtain the applicant or employee's consent, in writing, to the procurement of the report. If the report is used as the basis for adverse employment action, the Town Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 10 must give the individual notice of the consumer report and a copy of A Summary of Your Rights Under the Fair Credit Reporting Act. For purposes of this section, "adverse action" means any decision that "adversely affects" the applicant, including without limitation, a denial of employment to an applicant. Motor Vehicle Record Check Any applicant who will be driving a Town vehicle or driving their personal vehicles on Town business will be subject to an inspection of their Motor Vehicle Records annually. Depending on the job requirements, some applicants may have to comply with the Department of Transportation requirements for a Commercial Driver's License and may have additional stipulations. Pre -Employment Drug and Alcohol Testing Applicants selected for employment in certain positions must pass a pre -employment drug and alcohol test. Any potential hire who refuses to test or fails the drug and alcohol test will be ineligible for employment with the Town. Physical and Mental Examination Applicants selected for employment in certain positions shall be of sufficient mental and physical fitness to be able to perform the essential functions of the positions for which they have applied. On acceptance of an offer of employment, the physical and mental fitness of individuals entering Town employment may be evaluated by medical professionals approved by the Town in accordance with applicable law. Reasonable accommodation for a qualified individual with a disability shall be provided unless the provision of such accommodation would impose an undue hardship upon the Town. The physical and mental qualifications of employees or candidates who have been selected for hire and accepted a conditional offer of employment may be evaluated by medical professionals approved by the Town. 203. Loyalty Oath PURPOSE: The purpose of this procedure is to document and ensure compliance with the loyalty oath requirements of State law. SCOPE: This oath applies to all individuals hired. POLICY: All Town employees are required to sign a loyalty oath and this document must be submitted with new hire paperwork and filed in the employee's official personnel file. Arizona Revised Statutes §38-231 requires, in part, that an officer or employee within the meaning of the section who fails to take and subscribe the oath or affirmation provided within the time limits prescribed shall not be entitled to any compensation unless and until such officer or employee does so take and subscribe to the form of oath or affirmation set forth. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 11 204. Immigration Law Compliance PURPOSE: The Immigration Reform and Control Act (IRCA) and Legal Arizona Workers Act requires employers to verify the identity of each employee hired to perform labor or services, in return for wages or other remunerations. SCOPE: This law applies to all individuals hired. POLICY: All employees, citizens and non -citizens, are required to complete an Employment Eligibility Verification form (I-9 Form) as a condition of employment. The Town of Fountain Hills requires all new employees, upon being hired, to complete Section 1 of the I-9 Form by their first day of employment. Appropriate documentation must be provided, and the Verification of Employment Eligibility (Section 2 of the I-9 Form) must be completed by Human Resources within three (3) business days of the date employment begins. Any employee who fails to complete the I-9 Form with appropriate documentation within the 3-day time period cannot continue to work for the Town of Fountain Hills. Employment is contingent upon satisfactory completion of the verification requirement. When an offer of employment is made to an applicant, the applicant shall be informed that proof of identity and eligibility to work in the United States will be required upon hire. A list of acceptable documents will also be described to the candidate. In addition to completing the I-9 form, all new employees must also be cleared by the Department of Homeland Security (DHS) as being eligible to work in the United States through the E-Verify Program required by the Legal Arizona Workers Act (A.R.S. §23-211 et. seq.). The Town of Fountain Hills is an E-Verify employer. E-Verify is a web -based program administered by the U.S. Department of Homeland Security, USCIS Verification Division, and the Social Security Administration that supplements the current I-9 employment eligibility verification process. The program determines whether the information provided by the new hire matches government records and whether the new hire is authorized to work in the United States. It is completed by a representative from Human Resources inputting into a secure DHS web site the information provided by the new employee from the completed I-9 form and their social security number. These forms will be maintained by the Human Resources Office. 205. Introductory Employment Period PURPOSE: To establish a period of time which shall be regarded as part of the orientation period utilized for training and critiquing the new employee's and rehires work habits, skill level, and suitability for continued employment in their assigned position with the Town. SCOPE: The Introductory period for new full-time employees and rehires is defined as the first six (6) months. The introductory period for part-time employees and rehires is defined as the first 1,040 hours worked. POLICY: The provisions contained in the Town of Fountain Hills Personnel Manual relating to notices required before demotion, suspension, or dismissal of a regular status employee shall not apply to employees in their introductory period of employment. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 12 During this time the employee will be receiving orientation, on -the- job training, and informal communication and feedback will be encouraged throughout an introductory period so that the employee will have clear expectations and an opportunity to make corrections as necessary. This is also a time for encouragement, support, and reinforcement from the immediate supervisor and Department Head; as well as a time for the employee to determine if they are satisfied with their position. At the conclusion of the introductory employment period, a formal performance evaluation will be completed which becomes a part of the employee's personnel file in the Human Resources Department. The employing department will make a decision whether to retain the employee, extend the introductory period, or terminate the employee, based on work performance. This determination must be clearly stated in the performance evaluation. Every effort shall be made to complete formal introductory performance evaluations by the supervisor, not earlier than ten (10) working days prior to the evaluation due date, and not later than ten (10) working days after the evaluation due date. The Town reserves the right to terminate employment of any employee, both during and after the Introductory Period, as they deem appropriate. Employees within the Town will also serve the same Introductory Period as a new employee, in cases of promotions, transfers, or demotions. Any employee who, in the sole judgment of management, is not successful in their new position, can be removed from that position and be subject to discipline, up to and including termination from employment. As an alternative, the Town has the authority to place the employee in a comparable position for which the employee is qualified, depending on the availability of such positions and the Town's needs. Introductory Periods 1. Initial Introductory Period: All full- and part-time employees, as well as rehires, will be placed in an initial introductory period following their initial date of hire. Upon successful completion of the initial introductory period and in accordance with the provisions of this Policy, the employee shall achieve regular status in Town employment. All employees hired after July 1, 2017, are eligible to begin utilizing accrued Paid Sick Time on the 90th calendar day after commencing employment with the Town, in accordance with the Arizona Fair Wages and Healthy Families Act, Proposition 206. Full- and Part -Time, regularly scheduled employees are eligible to begin utilizing accrued vacation or other leave as applicable, after satisfying their initial introductory period. During the initial introductory period, an employee may be dismissed, suspended or demoted by the Town Manager. Dismissal during the initial introductory period shall be defined as an introductory release and shall not be considered a dismissal for cause. 2. Promotional Introductory Period: A promotion is defined as the movement of an employee to a position in a higher salary grade than the one presently assigned to, and one for which the new duties and responsibilities are significantly increased in nature and scope. Employees will Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 13 be placed in a promotional introductory period following the effective date of their promotion as specified in the time frame listed above. Employees shall be provided written notice of the introductory period. A promoted employee who is not successful in completing an introductory period may be eligible for demotion to a vacant position for which they meet the minimum qualifications. A determination by the Department Head that the employee's performance was not satisfactory shall be sufficient cause for demotion. 3. Demotion Introductory Period: A demotion is defined as the movement of an employee to a position in a lower salary grade than the one presently assigned to, and one for which the new duties and responsibilities are significantly decreased in nature and scope. Employees will be placed in an introductory period following the effective date of their demotion with a time frame as defined above. Employees shall be provided written notice of the introductory period. The regular status of an employee serving a demotion introductory period shall not be affected. However, an employee demoted for disciplinary reasons, who unsuccessfully completes a demotion introductory period, shall be dismissed. The employee will be given a written notification of such dismissal. Failure to meet the requirements of the position to which the employee is demoted or to successfully complete the demotion introductory period shall constitute a sufficient factual basis for further discipline, up to and including termination. 4. Lateral Transfer Introductory Period: A lateral transfer is defined as the movement of an employee to a position in the same salary grade as the one presently assigned. Employees will be placed in an introductory period following the effective date of their transfer with a time frame in the timeframe listed above. Employees shall be provided written notice of the introductory period. A formal performance evaluation will be conducted documenting the conclusion of this introductory period and become part of the employee's official record in the Human Resources Department. A laterally transferred employee whose performance falls below acceptable levels at the end of their introductory period may be returned to their former position or another similar position for which they qualify, if vacant. The regular status of an employee serving a lateral transfer introductory period shall not be affected. Employees are not allowed to be promoted within the initial, promotional, demotion, or lateral transfer introductory periods. Questions about this process can be directed towards the Human Resources Department. Introductory Period Extensions A Department Head may request authorization for an introductory period to be extended longer than the applicable period as defined within this Policy to further assess an employee's work performance Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 14 and suitability for continued employment. A request to extend an introductory period must be in writing and approved by the Town Manager. Rehire An employee who is temmnated from Town employment and rehired shall be required to serve an initial introductory period upon re-employment, unless otherwise waived by the Town Manager. 206. Nepotism and Personal Relationships PURPOSE: To clarify the Town's process for restriction of hiring and retention of relatives of current employees and personal relationships between employees. Compliance with this Policy is intended to prevent potential or perceived favoritism; or perceived or actual conflict of interest among employees, and to promote a harassment -free working environment. SCOPE: This policy applies to all Town Employees and all Town Departments. POLICY: It is the policy of the Town to restrict employment of immediate family members. Compliance with this Policy is intended to prevent potential or perceived favoritism; or perceived or actual conflict of interest among employees, and to promote a harassment -free working environment. No two (2) members of immediate family (spouse, child, grandchild, parent, grandparent, sibling, or in-law), and no relative of a Town Council member or the Town Manager shall be employed in, or promoted or transferred to, any department, division, shift and/or work unit when as a result they would be in a superior -subordinate relationship, unless prior written approval is received from the Town Manger. Further, the Town believes that romantic, dating, or sexual relationships between employees who are within the same chain of command has the potential to disrupt the work environment. Some of the possible adverse effects of such relationships may include the following: poor work performance or attitude; distraction from work duties; creation or suggestion of a sexually hostile or offensive work environment for the involved employees or others around them; and the possibility, appearance, and/or perception of favoritism or conflict of interest. For these reasons, and in furtherance of its policy against sexual harassment in the workplace, the Town prohibits its supervisors to have a romantic, dating, or sexual relationship with any other employee who is under them within the chain of command, regardless if it is a direct or indirect reporting relationship. Regarding non -supervisory relationships, the Town will become involved and will take appropriate action if problems resulting from such relationships manifest themselves on the job. In cases where a conflict or the potential for conflict arises because of the relationship between employees, even if there is no line of authority or reporting involved, the employees may be separated by reassignment or terminated from employment. While the definition of Nepotism identifies relationships that are likely to be perceived as a conflict of interest in an immediate superior -subordinate relationship, employees should also guard against other superior -subordinate relationships that could be perceived as creating a conflict of interest. Employees in close personal relationships in the workplace should refrain from public workplace displays of affection or excessive personal conversation. To safeguard the interests of both employees and Town, Human Resources should be alerted to any employee relationships that pose, or potentially pose, a conflict of interest. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 15 In all cases of employment with the Town, the Town reserves the right to transfer or reassign any employee at any time with/without cause or notice. 207. Secondary Employment PURPOSE: To establish guidelines for Town employees concerning secondary employment. SCOPE: This policy applies to all Town Employees and all Town Departments. POLICY: The Town of Fountain Hills does not generally prohibit employees from engaging in secondary employment. However, each full-time employee's Town position should be considered the employee's primary employment. The Town of Fountain Hills prohibits secondary employment when it interferes with the employee's Town duties, negatively impacts job performance, involves a potential conflict of interest, is detrimental to the Town's interests, involves the use of Town data or resources, or in any way compromises the integrity or credibility of the Town of Fountain Hills government in the community. Town of Fountain Hills' employees should avoid: 1. Secondary employment with an entity that conducts business with the Town without full disclosure and satisfactory analysis by the Town Administration for any potential conflict of interest. 2. Secondary employment which cannot be accomplished outside of the employee's normal working hours or is otherwise incompatible with the performance of the employee's duties. 3. Secondary employment placing the employee in a position of conflict between the employee's role with the Town and the employee's role in outside employment. 4. Performance of work for any governmental entity within the State of Arizona without the written consent of both employers. 5. Secondary employment which exploits official position or confidential information, acquired in the performance of official duties for personal gain. 6. Secondary employment which may be viewed by the public as work on behalf of the Town. Due to the importance of the public's perception of the Town government, all employees who engage in secondary employment must disclose such work on a "Secondary Employment Declaration" form. Secondary employment is subject to review for conformance to this policy. Employees engaged in secondary employment determined not to be in conformance may be required to cease such employment. If there are any questions regarding secondary employment or volunteer positions, it is recommended these be discussed in advance with supervision. Volunteer Activities Employees are encouraged to engage in volunteer activities, especially activities to improve community life. However, employees should evaluate their volunteer activities in the same manner as outside employment, to identify any potential conflict with the employee's Town position and discuss these potential conflicts with their supervisor on an individual basis. Employees should declare volunteer activities only if the employee believes there is some reason for concern consistent with the spirit of this policy. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 16 208. Job Descriptions PURPOSE: To document and describe the skills, qualifications, and responsibilities of each position and thereby promote organizational effectiveness and efficiency. SCOPE: This policy applies to all Town Employees and all Town Departments. POLICY: The Town recognizes that it is essential for each staff member to be fully aware of the duties and responsibilities of his or her position. A job description is a formal document describing the nature, scope, physical requirements, and responsibilities of a specific job within the organization. However, a job description cannot capture every nuance of the position and may be generically descriptive of similar jobs. Job descriptions are used for the purposes of training and development, annual performance appraisals, promotions, recruiting, and hiring. Job descriptions are prepared by the incumbent employee, supervisor, and the department director, with final review by the Town Manager and Human Resources. Human Resources or the Town Manager's designee is responsible for: 1. Administering the overall job description program. 2. Providing the necessary training, instructional materials, and assistance to employees, supervisors, and department directors. 3. Monitoring job descriptions for proper format. 4. Maintaining a central file of all current job descriptions. 5. Ensuring that all positions have a job description. (Supervisors and department directors are responsible for reviewing and approving job descriptions for their areas.) 6. Reviewing job descriptions on an ongoing basis to ensure their accuracy. All new jobs within the organization must be evaluated and classified in the pay plan. All new positions must be evaluated and approved before the job can be posted. All job descriptions will be reviewed annually for adjustment in duties/responsibilities and expectations of the position. If or when the duties of a job change significantly, it may be necessary to reevaluate the job's classification. Any recommended adjustments to the job description will be submitted to Human Resources for review. Cross training and Contractor Provisions The Town Manager has the discretion to require employees to work outside their job description as deemed appropriate under certain circumstances. The Town Manager may require workgroups to cross -train and redeploy across departments, divisions, or sections in order to ensure essential functions are completed. In some cases, contractors or part-time employees will be hired on a temporary basis to fulfill essential service requirements. In these instances, provisions will be made to allow for temporary access to Town resources (door badges, access to shared physical and digital files, etc.) as necessary. 209. Temporary Work Assignments PURPOSE: To clarify the circumstances by which the Town may utilize temporary assignments or temporarily staff a position. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 17 SCOPE: This policy applies to all Town Employees and all Town Departments. POLICY: "Acting" Assignments — Town employees may be temporarily assigned to perform all the duties and assume all the responsibilities of another position. "Increased Work Duties" Assignments — From time to time, Town employees may be temporarily assigned by the Town Manager to perform some or all the duties and assume some or all the responsibilities of a position or other positions. Temporary Assignments shall be administered in the following manner: 1. "Acting" Assignments — When the Town Manager identifies or otherwise determines that a Town Department needs an "Acting" Assignment, the Town Manager and other Town personnel, as deemed appropriate by the circumstances, shall identify and select an individual best -suited to meet the Department's needs. During such temporary assignments, the Town employee shall be designated as having an "Acting" position. Changes in compensation during an "Acting" assignment shall be determined by the Town Manager, except in the case of fire department fire protection employees where the base pay shall be increased by ten percent (10%) above their current pay rate for hours worked in a temporary assignment above their current job title. Fire department fire protection employees working at a position compensated below their current job title shall have no temporary pay adjustment. Temporary assignments do not become "Acting" assignments unless, and until, such assignment has lasted or is expected to last a minimum of three (3) consecutive weeks, except in the case of fire department fire protection employees where temporary assignments have a minimum of one (1) work shift. "Acting" assignments should generally not last longer than nine (9) consecutive months, unless extended in writing by the Town Manager. The Town Council may appoint an Acting Town Manager as deemed appropriate by the circumstances. In the case of the Town Council appointing an Acting Town Manager, the Council sets the length of time of the assignment and the compensation of the Acting Town Manager. 2. "Increased Work Duties" Assignment — When the Town Manager identifies or otherwise determines that a Town Department needs an "Increased Work Duties" Assignment, the Town Manager and other Town personnel, as deemed appropriate by the circumstances, shall identify and select an individual best -suited to meet the Department's needs. Temporary changes in compensation during an "Increased Work Duties" assignment shall be determined by the Town Manager. Temporary assignments ("Increased Work Duties") do not become assignments for purposes of changes in compensation unless and until such assignment has lasted or is expected to last a minimum of three (3) consecutive weeks. A temporary assignment (increase in work duties) can be in place of or in addition to an employee's regular duties. "Increased Work Duties" assignments should generally not last longer than nine (9) consecutive months, unless extended in writing by the Town Manager. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 18 210. Temporary Staffing PURPOSE: To clarify the circumstances under which the Town may temporarily staff a position. SCOPE: This policy applies to all Town Employees and all Town Departments. POLICY: Town Departments may need staffing to meet requirements and/or fulfill responsibilities the Department may otherwise be incapable of performing with its current staffing. Temporary staffing shall be administered in the following manner: Town Departments in need of temporary staffing (usually for periods of no greater than one (1) year), may obtain such staffing from outside agencies, temporary employees, or through the use of temporary Town employees. Town Departments in need of temporary staffing shall consult with Human Resources before initiating any temporary staffing in order to discuss the potential implications of the temporary staffing. Outside agencies may be used for temporary staffing with the approval of Human Resources and Finance. Generally, agencies on a previously approved statewide contract are to be used. 211. Reduction in Workforce PURPOSE: To establish a systematic process which the Town will follow in the event the Town Manager deems it necessary to reduce positions due to reorganization, lack of work, funds, or other budgetary limitations, and to ensure business operations remain sound and employees are treated objectively. SCOPE: This policy applies to all Town Employees and all Town Departments. POLICY: It is the Town of Fountain Hills' intent to treat all impacted employees with dignity and respect, and to assist employees through the Reduction in Workforce (RIWF) process. The Town Manager, with input from Department Heads, shall determine the number and classifications of employees to be laid off. In addition, the Town Manager and Human Resources shall determine the specific procedures to be followed and the benefits that may be offered to affected employees. Employees affected by a (RIWF) shall have the opportunity to continue their medical, dental, and vision insurance coverage (if applicable) in accordance with the Consolidated Omnibus Budget Reconciliation Act (COBRA) health benefit provisions. Only job -related criteria will be used to determine employees who will remain with the organization. The criteria used will be determined based on the reason for the reduction in force and the determination of the department's needs. Job related criteria may include, but are not limited to, the employee's performance competencies, skills, responsibilities, experience, leadership, education and training, and salary. Seniority will be used only in the case of a tie. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 19 Severance Full-time employees who are laid off may be provided with a severance package as determined by the Town Manager. Grievance Rights A Reduction in Workforce action is specifically excluded from the grievance procedure. 212. Separation from Employment PURPOSE: To establish a process for terminations of employment, whether voluntary or involuntary. SCOPE: This policy applies to all Town Employees and all Town Departments POLICY: All employees leaving the Town's employ, whether voluntarily or involuntarily, shall be required to make proper disposition and accounting for all funds and property the employee was responsible for. Employees must repay any amounts owed to the Town before final payment will be issued. All employees leaving the Town's employ, whether voluntarily or involuntarily, shall be offered an opportunity to participate in an exit interview. However, participation is entirely voluntary on the part of the terminating employee. Voluntary Resignation If termination is the result of a voluntary resignation, the employee is to document their intent to resign their position by submitting a letter of resignation to their supervisor bearing the current date, the last day of work, and the employee's signature. Failure to give at least ten (10) working days resignation notice, fifteen (15) working days for Department Heads, could result in immediate separation and denial of rehire. waiver of required notice may be granted by the Town Manager. The effective date of termination is the last day the employee actually works. Exception: The effective date of termination due to expiration of a leave of absence is the last day of the approved leave. Group benefits such as medical, dental, and life insurance terminate on the last day of the month in which termination occurs. Deductions will be taken, as needed to pay for coverage (e.g., pro -rating insurance). Contact Human Resources for further details. The Town, acting through the Town Manager, reserves the discretionary right, upon receiving the ten (10) day resignation notice, to immediately accept such resignation and provide the employee with two (2) weeks of regular pay in lieu of notice. All documentation is to be promptly forwarded to Human Resources. Arizona law 23-353, "Payment of Wages of Discharged Employees" requires final payment to voluntarily terminated employees to take place no later than their next regularly scheduled pay date. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 20 Involuntary Termination An employee, regardless of employment status, may be terminated by the Town Manager at any time during their initial Introductory Period. Introductory, seasonal, non -regularly scheduled, and temporary employees may be terminated at -will. The Due Process as outlined in the Policy Manual will apply for other terminations. Group benefits such as medical, dental, and life insurance, terminate on the last day of the month in which termination occurs. Deductions will be taken, as needed to pay for coverage (e.g., pro -rating insurance). Contact Human Resources for further details. Arizona law 23-353. "Payment of Wages of Discharged Employees" requires final payment to involuntarily terminated employees to take place on the earlier of the next regular payday or within seven (7) working days. In regard to all departures with employment from the Town, amounts payable to the employee shall be paid only after offset for any advances or monies owed to the Town by the employee. This includes the cost to replace any Town equipment that the employee fails to return. The Town may also take other legal action deemed appropriate to recover or protect its property. Notice An employee is encouraged to communicate with the employer whenever the employee believes working conditions may become intolerable to the employee and may cause the employee to resign. Under section 23-1502, Arizona Revised Statutes, an employee may be required to notify an appropriate representative of the employer, in writing, that a working condition exists that the employee believes is intolerable, that will compel the employee to resign or that constitutes a constructive discharge. If the employee wants to preserve the right to bring a claim against the employer alleging that the working condition forced the employee to resign, they must bring this notification forward prior to resignation. Under the law, an employee may be required to wait for fifteen (15) calendar days after providing written notice before the employee may resign if the employee desires to preserve the right to bring a constructive discharge claim against the employer. An employee may be entitled to paid or unpaid leave of absence of up to fifteen (15) calendar days while waiting for the employer to respond to the employee's written communication about the employee's unacceptable working condition. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 21 TIME AT WORK AND TIME AWAY 300. Work Week and Hours of Work PURPOSE: To provide employees with hours of operation and a policy to assist departments in creating work schedules that ensure proper coverage for effective operations. Work schedules for employees will vary due to the position they hold. SCOPE: This policy applies to all Town Employees and all Town Departments. POLICY: Workweek The standard workweek shall be seven (7) consecutive days commencing on Monday at 12:00 a.m. and ending the following Sunday at midnight. Any work shift in progress at midnight Sunday shall be included as part of the work period in which that shift commenced. Work Period for Public Safety Section 207(k) of the FLSA allows employees engaged in fire suppression to be paid overtime on a work period basis. The Town has defined the work period to be a 14-day work period which requires overtime over 106 hours worked in the 14-day work period for fire protection classifications. Work Schedules The standard workweek for full-time employees is forty (40) hours. The Town reserves the right to schedule and/or change all hours and schedules of work as deemed necessary and nothing contained herein shall be construed as a guaranteed work week. The core hours of operation for Town offices are generally from 7:00 a.m. to 6:00 p.m., Monday through Thursday. However, this does not guarantee a work schedule of such, and scheduling may be adjusted according to the operational needs of a department. The Fire Departments works varied hours based on 24/7 operations. Fire protection personnel may be assigned to work rotating 48-hour shifts followed by 96-hours off, which results in 96-120 hours every 14-days, and 2912 hours per year. Supervisors will advise employees of their individual work schedules. Staffing needs and operational demands may necessitate variations in starting and ending times, as well as variations in the total hours that may be scheduled each day and week. The Town reserves the right to schedule and/or change all hours and schedules of work as deemed necessary and nothing contained herein shall be construed as a guaranteed work week. With approval of the Department Director, modifications to this provision may be arranged in' any manner consistent with departmental operations and to provide essential Town services, subject to any applicable federal or state statutory or constitutional limitations relating to hours of work. The Town Manager shall approve any modifications prior to implementation. Workday and workweek lengths for exempt employees are determined primarily by their current workloads and the organization's needs. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 22 Work Performed Outside the Typical Workplace Generally, non-exempt employees shall perform their duties only at the designated worksite. Non- exempt employees must receive advanced approval from their supervisor for any work performed outside the typical workplace. Non-exempt employees approved for work outside the workplace must document and submit their hours, including but not limited to any and all time spent accessing work related emails and other programs and files, according to payroll policy. Maximum Hours Worked Employees may be required to work additional hours in a day to meet operational demands for a department. Employees are required to have at least eight (8) hours off after 16 consecutive hours worked, with the exception of the Fire Department operations personnel, who are required to have at least 24 hours off after a maximum of 96 consecutive hours worked. Emergency Operations Exceptions Emergency operations may require employees to work longer consecutive hours. During emergency operations, employees may request rest time from their Department Director/Manager. Each Director/Manager is then required to make arrangements for such rest time on an individual basis, giving consideration to the needs of the employee as well as continued coverage for emergency services. The Director/Manager has the authority to require employees to take rest time and remove them from work at any point while providing emergency operations. Rest time shall not count as hours worked. On -site flexible work arrangements will generally be based on mutual agreement. However, the Town may require employees to be onsite, based on the Town's business needs. Employees are not entitled to or guaranteed the opportunity to use a flexible work arrangement. All flexible work arrangements must comply with applicable federal and state laws, and all Town rules, policies, and practices. The Department Director or Human Resources may discontinue or alter the flexible schedule at any time. When discontinuing or altering an established flexible schedule, the Town will normally provide advance notice of such change whenever possible. 301. Breaks/Meal Period PURPOSE: To establish guidelines for paid and unpaid employee rest periods. SCOPE: This policy applies to all Town Employees and all Town Departments. POLICY: Meal Periods All Town employees who work a minimum of eight (8) hours per day will receive a minimum of a one-half (%) hour unpaid meal period. The supervisor schedules all meal periods so that work areas are covered. Unpaid meal periods may be scheduled for employees working less than eight (8) hours with approval of the supervisor and employee. An employee must be completely relieved from duty in order for the time to be a "bona fide meal period". Skipped meal periods cannot be used to make up time or to shorten the workday without approval of the supervisor. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 23 Exceptions Due to the nature of the work and scheduling of fire suppression operation positions are granted an exception to the meal period requirement. Rest Periods Town employees who work at least eight (8) hours in a day are allowed two (2) fifteen -minute rest periods per day or shift but will not exceed fifteen minutes in any consecutive four-hour period. The supervisor schedules all rest periods so that work areas are covered. Rest periods are counted as time worked and cannot be combined or "banked" to provide an extended lunch or rest period or shorten the workday. Overtime pay is not granted for rest periods not taken or for work performed during a rest period. Employees who miss a break period may not take an extended lunch period, arrive at work later than the normal starting time, or leave work before the normal quitting time. Employees are not permitted to leave the work premises during 15-minute break periods. Any employee who needs to leave the premises for personal reasons shall clock out. Scheduling Rest periods/meal periods may not be taken in the first or last hour of the employee's workday. Meal periods and rest periods may be combined only with advanced approval by the supervisor. Supervisors are responsible for scheduling meal periods and break periods to ensure that adequate staff coverage is provided. Eating and Drinking at Workstations For health, sanitation, and respect for the public, meals should not be consumed in view of the public. Any food items brought into the workplace should not emit strong odors. Beverages may be kept at the workstation but must be in a container with a lid. Employees are expected to clean up after themselves and use appropriate receptacles for waste. No employee shall be allowed to consume food or beverage in an area with hazardous or toxic chemicals. 302. Breastfeeding/Lactation PURPOSE: To establish guidelines for employees who are nursing mothers with reasonable rest periods and physical space to express breast milk during scheduled work hours. SCOPE: This policy applies to all Town Employees and all Town Departments. POLICY: The Town supports the decision for mothers to breastfeed and is committed to enabling employees to maintain the breast-feeding relationship. In keeping with this philosophy and in compliance with certain provisions of Section 7 of the Fair Labor Standards Act, the Town will take the following appropriate measures to facilitate breastfeeding and expression of milk by mothers of newborns less than one (1) year of age. The Town will provide reasonable rest periods for an employee to express breast milk for a nursing child for one (1) year after the child's birth each time such employee has a need to express milk. Mothers may use their paid rest periods and/or unpaid meal periods for breastfeeding or expression of milk. If the designated break periods are not adequate, or the scheduled break periods do not meet the needs of the mother, the mother should discuss scheduling options with the supervisor. If the normal Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 24 break period provided to the employee is not enough adequate time, the mother may use available vacation time. The Town will provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk. When requested by the employee or supervisor, Human Resources will work with the employee and supervisor to determine individual space options, which may be the employee's office, or another space temporarily created or converted into a space for expressing milk. Employees are expected to provide their own equipment and storage. 303. Attendance PURPOSE: To establish guidelines and expectations for employee attendance. SCOPE: This policy applies to all Town Employees and all Town Departments. POLICY: In order for the Town to run effectively, the Town expects employees to make every effort to be present for work. Further, while at work, the Town has an expectation for employees to perform their assigned duties and work all scheduled hours, unless the employee has received approved leave or prior approval from the supervisor. The Town expects all employees to assume diligent responsibility for their attendance and promptness. Recognizing, however, that time off is necessary, the Town has established various paid time options for employees for certain absences. Hours of attendance shall be maintained on official Town payroll documents as specified by Human Resources. Any falsification of individual time records or payroll documents by any Town employee will result in disciplinary action up to and including termination. All scheduled time not spent working needs to be accounted for. The Town will monitor attendance and absence patterns. Habitual lateness or excessive absenteeism will not be tolerated by the Town and will be subject to disciplinary action. Any employee absent from work for two (2) consecutive days of scheduled work without notifying the supervisor will be considered to have voluntarily quit. All non-exempt employees are required to fill out time sheets daily in a complete and accurate manner. Exempt employees are required to fill out time sheets for the purpose of paying vacation days, sick days, or other leave during the pay period. Non-exempt employee time sheets shall be reviewed by each supervisor and approved through electronic workflow. Corrections or changes to the time sheet shall be made only by supervisors or their designees. 304. Absentee Reporting PURPOSE: To establish procedures for absentee reporting. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 25 SCOPE: This policy applies to all Town Employees and all Town Departments. POLICY: Whenever an employee is unable to report for work for any reason, they must contact their immediate supervisor or designee telephonically or by email at least thirty (30) minutes prior to the start of their scheduled working hours or as soon as otherwise practicable. When the use of earned paid sick time is foreseeable, the employee shall make a good faith effort to provide notice of the need for such time to their supervisor or their designee in advance of the use of the earned paid sick time and shall make a reasonable effort to schedule the use of earned paid sick time in a manner that does not unduly disrupt the operations of the Town. Such notice shall be given telephonically or by email. When possible, the notice shall include the expected duration of the absence. In all cases, employees who leave a voicemail message should ensure that the recipient of the message has received it. If the employee is not able to call or email personally, another person may call the employee's immediate supervisor or designee to relay a message on behalf of the employee prior to the start of the employee's scheduled working hours. A brief explanation should be provided concerning the reason for the absence with an estimate of when the employee will be able to report for work. Failure to provide this notification within the time specified, except in very specific circumstances, may result in the employee being placed on leave without pay status for the duration of the absence. When an employee needs to leave work during the workday, the employee should notify their immediate supervisor or designee. In all cases, if the immediate supervisor or designee is not available, the employee should either contact their supervisor's supervisor or the Town Human Resources Department. 305. Sick Leave PURPOSE: Sick leave is part of the integrated program of benefits for Town employees. The purpose of sick leave is to provide employees with time off from work for periods of temporary absence due to illnesses or injuries or medical appointments that cannot be scheduled outside the employee's work schedule. Sick leave benefits are intended solely to provide income protection for qualifying absences. Such leave is intended for use only under specific conditions as set forth in this policy. SCOPE: This policy applies to all full-time Town employees, part-time regularly scheduled employees, and Part-time non -regularly scheduled, temporary, seasonal, and other employees. POLICY: Calculation 1. Full-time General Town employees will accrue sick leave at a rate of 4.0 hours biweekly, assuming they are in a paid -status. Accumulation of sick leave shall not exceed 1,040 hours at any time. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 26 2. Full-time Fire Protection Shift Operations employees working the 2,912 hour per year schedule will accrue sick leave at a rate of 6.0 hours biweekly, assuming they are in paid -status. Accumulation of sick leave shall not exceed 1,456 hours at any time. 3. Part -Time Regularly -Scheduled Town employees will accrue sick leave at a rate proportionate to the accrual rate of Full -Time General Town employees based on their paid -status hours and may carryover hours, subject to the 1,040-hour cap accumulation of sick leave. 4. Part-time non -regularly scheduled, temporary, seasonal, and other employees will accrue sick leave at a rate of one (1) hour of sick leave for every thirty (30) hours worked. The Town limits use and accrual of sick leave under this policy to forty (40) hours per calendar year. Up to forty (40) hours of accrued and unused sick leave may be carried over. Use of sick leave is permitted during the initial introductory employment period with the Town. Time off in excess of hours accrued will be deducted first from vacation or other available leave if available, and thereafter will be uncompensated. Employees who are exempt from overtime requirements under the Fair Labor Standards Act of 1938 (29 United States Code section 213(A)(1)) will be assumed to work 40 hours in each work week for purposes of earned paid sick time accrual unless their normal work week is less than 40 hours, in which case earned paid sick time accrues based upon that normal work week. Actual accrual amounts for eligible part-time employees will vary depending on the actual number of paid -status hours reported through payroll records by an eligible part-time employee. Paid status hours include actual hours worked as well as leave taken under the Town's Vacation, Sick Leave, Holiday, and other paid leave policies. Sick leave may be used for any of the following reasons: 1. An employee's mental or physical illness, injury or health condition; an employee's need for medical diagnosis, care or treatment of a mental or physical illness, injury or health condition; an employee's need for preventive medical care. 2. Care of a family member with a mental or physical illness, injury or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury or health condition; care of a family member who needs preventive care. 3. Closure of the employee's place of business by order of a public health official or need to care for a child whose school or place of care has been closed by order of a public health official. 4. Care for oneself or family member when it has been determined by health authorities or a health care provider that the employee's or family member's presence in the community may jeopardize the health of others because of their exposure to a communicable disease. 5. Absence due to domestic violence, sexual violence, abuse or stalking, provided the leave is to allow the employee to obtain for the employee or the employee's family member: a. Medical attention needed to recover from injury or disability caused by domestic violence, sexual violence, abuse or stalking b. Services from a domestic or sexual violence program or victim services organization c. Psychological or other counseling d. Relocation or taking steps to secure an existing home due to the domestic violence, sexual violence, abuse or stalking; or e. Legal services related to domestic violence, sexual violence, abuse or stalking. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 27 The term "family member" means the following for purposes of this policy: 1. Regardless of age, a biological, adopted or foster child, stepchild or legal ward, a child of domestic partner, a child to whom the employee stands in loco parentis, or an individual to whom the employee stood in loco parentis when the individual was a minor, 2. A biological, foster, stepparent or adoptive parent or legal guardian of an employee or an employee's spouse or domestic partner or a person who stood in loco parentis when the employee or employee's spouse or domestic partner was a minor child, 3. A person to whom the employee is legally married under the laws of any state, or a domestic partner of an employee as registered under the laws of any state or political subdivision; 4. A grandparent, grandchild or sibling (whether biological, foster, adoptive or step) of the employee or the employee's spouse or domestic partner, or 5. Any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship. Verification The employee may be requested to provide a physician's verification statement for use of sick time for purposes for absences spanning less than three (3) consecutive workdays when no prior approval has been given, or for absences reflective of a pattern of time off. A physician's verification statement may be required for the employee to return to work following a medical absence of three (3) consecutive workdays or more depending on the situation and/or if the absence is reflective of a pattern of time off. The physician's verification statement must substantiate the need for time off and indicate the employee is fit to return to duty. In cases of domestic violence, sexual violence, abuse or stalking, documentation set out in A.R.S. § 23-373(G) shall be sufficient. Any employee who abuses sick leave will be subject to disciplinary action. Actions that may lead to disciplinary action include, but are not limited to, falsifying illness or reasons for using leave, unsubstantiated excessive use three (3) or more consecutive absences without appropriate documentation) and not complying with the authorization requirements above. Increments Employees will be permitted to use sick time in incremented units of one-half (1/2) hour or more, in any one day. Sick time shall not be advanced to an employee, nor may sick time be transferred between employees. Coordination with FMLA The Town may require that accrued and unused sick leave under this Policy be used concurrently with leave taken under other applicable leave policies, including leave taken under the Family and Medical Leave Act (FMLA). Sick leave hours will not count toward hours worked for purposes of computing overtime. In this event, Sick leave must be used before available vacation. Sick leave will not count towards hours worked for purposes of computing leave. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 28 Coordination with Worker's Compensation The employee may use accrued sick leave to compensate for time lost that is not reimbursed by workers' compensation. The combination of any such payments and sick time cannot exceed the employee's normal weekly earnings. The employee must use sick leave prior to vacation. Unpaid Time With the exception of qualified Federal FMLA leave, an employee may not take unpaid leave until such time that the employee's vacation, sick, and other available leave bank has been exhausted. At no time shall an employee be authorized to carry a negative sick leave balance. In the event an employee has insufficient sick leave to cover a qualified absence, the employee will immediately revert to unpaid time. In the event an employee unilaterally uses unpaid time without prior authorization, the employee may be subject to disciplinary action. Employees on unpaid status, for any reason, shall not accrue sick leave on the unpaid time and all other benefits shall be prorated. Restrictions An employee shall not be paid for time at work and receive sick pay for the same time. Separation/Death Upon retirement, Full- and Part -Time, Regularly -Scheduled employees and Fire Operations staff with five (5) or more years of continuous service will qualify for a payout of fifty percent (50%) of their available accrued unused sick leave hours at their regular rate of pay upon separation of service. Sick leave will not be paid out under any other circumstances, except death. Upon death of a Full- and Part -Time, Regularly -Scheduled employees and Fire Operations staff, the Town shall pay to the estate of the deceased employee 50% of the available and accrued unused sick leave at the regular rate of pay at the time of his/her death. Reinstatement If an employee separates from employment with the Town and is rehired within nine (9) months, that employee's previously accrued and unused sick leave will be reinstated and will be available for immediate use. 306. Vacation PURPOSE: Vacation leave is part of the integrated program of benefits for Town employees. Such leave is intended to provide employees time off from work to relax and enjoy personal pursuits without loss of income. SCOPE: This policy applies to all full-time Town employees and part-time regularly scheduled employees. POLICY: Calculation Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 29 1. Full-time General Town employees accrue vacation leave hours based on 40 hours of work per work week. 2. Full Time Fire Protection Shift Operations, and Part time regularly scheduled employees accrue vacation leave at a proportional rate up to the maximum accrual rate of full-time general employees. The amount of vacation time employees are eligible to receive each year increases with the length of their employment. Vacation time begins to accrue with the employee's first full bi-weekly pay cycle, subject to the following: New employees may accrue but are not eligible to use vacation leave until completion of the Introductory Period. Employees who do not pass the Introductory Period are not eligible to receive any vacation payout. Service Credit at Hire A Department Director may submit a request to the Town Manager that a prospective applicant be granted a one-time beginning balance credit of vacation or be given credit for length of service for employment experience that is directly related to the position. The request shall be in writing before the applicant is hired and shall be based on the Director's assessment of the candidate's qualifications beyond the minimum requirements, recruitment considerations, or service accrual provided by the previous employer. No additional length of service credit shall be granted after initial appointment with the Town. The Town Manager shall make all determinations for length of service credit. ACCRUAL RATE MAXIMUMS & OVERALL MAXIMUMS — ELIGIBLE EMPLOYEES (Based on 40 Hours per Work Week): Length of Service Maximum Hours per Pay Period / Year Overall Maximum Start date through completion of 3rd year 4.00 / 104 314 4th year through completion of 7th year 5.00 / 130 364 8th year through completion of 10th year 6.00 / 156 437 1 111' year through completion of 15th year 7.00 / 182 510 16 + Years 8.00 / 208 582 Maximum vacation accruals increase with length of service as depicted in the chart and the overall maximum is limited to at least two times the yearly maximum accrual. When the employee's length of service reaches the next higher rate of accrual, accrual at the new rate begins on the first day of the pay period following the effective date of eligibility. Actual accrual amounts for eligible part-time regularly scheduled employees and full-time fire protection shift operations employees will vary depending on the actual number of paid -status hours reported through payroll records by an eligible part-time or full-time fire protection shift operations employee. Paid -status hours include hours worked as well as leave taken under the vacation, sick leave, and other paid leave policies. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 30 The "Overall Maximum" column in the table represents a fixed amount and will not vary with the actual number of hours worked. Usage All vacation leave is to be taken at the convenience of the department and shall be approved in writing, or through automation, by the supervisor or the supervisor's designee. It is the responsibility of the employee to schedule their vacation time in compliance with departmental workloads and needs. Requests for vacation time should be submitted to the supervisor as far in advance as possible. Employees may be recalled from vacation leave, or may have their scheduled vacation leave postponed, when deemed necessary by the department director. When an employee is recalled from vacation leave, the employee's vacation leave will be rescheduled to the earliest convenient time. Vacation time shall not be advanced to an employee nor may vacation time be transferred between employees. Vacation time will not accrue for workweeks in which there are no hours paid by the Town of Fountain Hills. If the employee has an accrued vacation balance, the vacation time must be used before any unpaid time off is approved. Vacation hours must be used for sick leave if accrued sick leave hours have been exhausted. Vacation hours will not count toward hours worked for purposes of computing overtime. If a holiday falls within an employee's vacation, the employee will not be charged with vacation hours for the holiday but will be paid for the holiday at the appropriate holiday rate. Coordination with FMLA The Town reserves the right to require substitution of paid leave, subject to applicable federal law. Therefore, an employee must use vacation for any federal FMLA qualifying leave including, but not limited to, intermittent leaves, after sick time is exhausted. Coordination with Worker's Compensation The Town reserves the right to require use of vacation while an employee is on worker's compensation. Therefore, an employee must use enough vacation hours, if available to the employee, while on worker's compensation to recover the employee share of benefits and mandatory deductions, after sick time is exhausted. Part -Time Employee Utilization of Vacation The number of hours that a part-time employee may record when taking a "day off' from work is what they would normally have been scheduled to work. Part-time employees may only take vacation on days that they would have normally been scheduled to work. Restrictions An employee shall not be paid for time at work and receive vacation pay for the same time. Increments of Time Employees shall use vacation in increments of thirty (30) minutes. Unpaid Time With the exception of qualified Federal FMLA leave, an employee may not take unpaid leave until such time that the employee's sick, vacation, and other available leave has been exhausted. At no time Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 31 shall an employee be authorized to carry a negative vacation balance. In the event an employee has an insufficient vacation balance to cover an absence for any reason, the employee will immediately revert to unpaid time. In the event an employee unilaterally uses unpaid time without prior authorization, the employee may be subject to disciplinary action. Employees on unpaid status, for any reason, shall not accrue vacation on the unpaid time and all other benefits shall be prorated. Payout / Buv Back Provision Employees may elect to convert up to a maximum of 56 hours of accrued vacation and unused vacation into a cash value on an annual basis if they meet specific criteria included below. Town employees must have a minimum of 300 hours accrued unused vacation leave at the time of the request. Requests can only be made once per 12-month period and will be processed through payroll and direct deposited during a normally scheduled pay day, within eight (8) weeks of the request. Vacation payouts are subject to all federal and state withholdings and are not included in the Town's 401A retirement program. Payout/Buy back hours are paid at the employees base hourly rate and are excluded from the calculation of overtime. Separation of Employment Accrued but unused vacation leave hours will be paid at the employee's regular hourly rate upon separation of employment. No more than the maximum allowable accrual of vacation leave is compensable upon separation of employment. Vacation leave accrued during the initial introductory employment period will not be compensated if separation occurs during the initial introductory period. Death Upon the death of an employee, the Town shall pay to the estate of the deceased employee all earned and unused vacation leave hours for which the deceased employee may have otherwise been eligible for payout at the time of his/her death. 307. Holidays PURPOSE: To provide a policy for Town employees setting forth paid holidays and to implement a system to increase the flexibility for employees to utilize their holiday compensation. SCOPE: This policy applies to all full-time Town employees and part-time regularly scheduled employees. POLICY: The annual holiday leave bank for each Full -Time employee is 80 hours; except for Full - Time Fire Protection Shift Operations employees. Part-time, regularly scheduled employees and fire protection shift operations employees are not subject to the holiday leave bank. Part-time regularly scheduled employees will receive Holiday compensation for the number of hours they were originally scheduled to work if a designated holiday falls on one of those days. Full-time fire protection shift operations employees will receive 12 hours of Holiday compensation for each of the ten designated Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 32 Town holidays. Workers' Compensation benefits are not eligible for compensation for holidays that fall during their period of disability. Employees on any type of unpaid leave of absence on the observed holiday are not eligible for compensation for the holiday. Part-time Non -Regularly scheduled employees do not receive Holiday compensation unless they work on the designated Holiday. Designated Town Holidays The following are ten (10) paid holidays for eligible employees: Holiday. Description New Year's Day January 1 Martin Luther King Jr. Day 3'a Monday of January President's Day 3rd Monday of February Memorial Day Last Monday of May Independence Day July 4 Labor Day First Monday of September Veteran's Day November 11 Thanksgiving Day 4th Thursday of November Day after Thanksgiving Day following Thanksgiving Christmas Day December 25 When any of the holidays listed above falls on a Sunday, the following Monday shall be observed as a holiday; if any such holiday falls on a Saturday, the preceding Friday shall be observed as a holiday. For staff members on a seven (7) -day standard workweek schedule, including fire protection shift employees, a holiday falling on a Saturday or Sunday is observed on that day. On any other day or part of a day during which the Town shall be closed by special proclamation of the Mayor, with the approval of the Town Council, employees shall be eligible for holiday pay if they are normally scheduled to work that day. Accumulation of Holiday Leave 1. The annual holiday leave bank for each Full -Time, Regularly Scheduled employee is 80 hours. For purposes of this policy, the holiday will be defined as the 24-hour period (12:00 AM-11:59 PM) on the designated holiday. Eligible part-time employees normally scheduled to work on a day that falls on a designated holiday shall be compensated with holiday pay for the number of hours they are normally scheduled to work on such days. Temporary, seasonal and other non -regularly -scheduled employees are not eligible for holiday compensation unless they work on the designated holiday. 2. The leave banks will be populated during the first payroll in January. New hires will receive a prorated number of hours based upon their hire date. Use of Holiday Leave (excluding Fire Protection Shift Operations personnel): 1. If a designated holiday falls on a scheduled workday, holiday leave will be used to cover their scheduled work hours. Salaried/Exempt employees required to work on a designated holiday due to business need, or who are not scheduled to work on a designated holiday, will not be required to utilize their holiday leave. If an employee works a partial day, they shall utilize holiday bank hours to cover hours not worked. Any holiday leave hours not used for designated Town holidays shall be considered floating holiday leave. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 33 2. Floating holiday leave shall be approved to be used at such a time that is mutually agreeable to the employee and the employee's supervisor. Holiday leave will not be available for use on an unplanned or call -in basis. 3. Holiday leave must be used in full day increments, unless you work a partial day on a designated holiday. A full day will be considered the number of hours scheduled for the day that the leave was taken (e.g., an employee was scheduled to work ten hours on a holiday, ten hours of holiday pay would be utilized). In the event that the employee does not have enough holiday hours in her/his bank to cover a full day's absence, vacation hours will be used to make up the difference. 4. In the event that a non-exempt employee does not have either holiday hours or vacation hours to cover a designated holiday, they will not be paid for that holiday. 5. Holiday hours must be used by December 31 of each year or will be forfeited. There will be no "cash out" or carryover of holiday hours. 6. All holiday hours not taken prior to the last day of employment with the Town shall be forfeited. Use of Holiday Leave for Fire Protection Shift Operations Personnel: Due to the nature of 24/7 shift operations and scheduling, each employee will be paid 12.0 hours of holiday at their straight time hourly rate pay regardless of if they are scheduled on the designated holiday or on a scheduled day off. Holiday Compensation: 1. Holiday hours will count toward hours worked for purposes of overtime for hourly employees. 2. In the event an employee is on paid leave when a holiday occurs, the employee shall receive no pay in addition to holiday pay. Therefore, the employee shall not be charged with applicable paid leave time (i.e., vacation or sick leave) for that day. 3. An employee must be in an authorized paid status on the working day immediately preceding the holiday and the working day immediately following the holiday in order to receive pay for the particular holiday. 4. Non-exempt employees required to work on a scheduled holiday will be paid holiday pay plus their regular rate of pay for each hour worked (equals 2X their regular hourly rate of pay). 308. Paid Personal Leave PURPOSE: To provide personal leave for Town employees. SCOPE: This policy applies to all Full -Time, Regularly -Scheduled, Full -Time Fire Protection Shift Operations, and Part -Time Regularly Scheduled Town employees. POLICY: Full -Time, Regularly -Scheduled Town employees and Fire Protection Shift Operations employees hired before July 1 St are eligible for three (3 workdays) of personal leave time during their first calendar year of employment and three (3) workdays each year thereafter. Full -Time, Regularly - Scheduled Town employees and Fire Protection Shift Operations employees hired after July 1 S► but before October 1' are eligible for two (2) workdays of personal leave time during their first calendar year of employment and three (3) workdays of personal leave time each year thereafter. Full -Time, Regularly -Scheduled Town employees and Fire Protection Shift Operations employees hired on or after October 1' do not receive any personal leave time within the balance of the calendar year, but Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 34 are eligible to receive three (3) workdays of personal leave time each year thereafter. Personal leave time must be scheduled in advance whenever possible and approved by the employee's supervisor. Part -Time Regularly Scheduled Town employees are eligible for 15 hours of personal leave benefit. 309. Bereavement Leave PURPOSE: The Town of Fountain Hills recognizes the need for time away from work in instances of personal loss. SCOPE. All Full -Time Town employees, Fire Protection Shift Operation employees, and part-time regularly scheduled employees are eligible for bereavement leave. POLICY: Should a death occur in the immediate family, eligible employees will be granted a paid leave of absence, not to exceed three (3) consecutive working days, as determined by their regular work schedule. If employees need time in excess of three (3) days, they may use accrued vacation or personal leave time with the approval of their supervisor and Human Resources. Immediate family for the purpose of such leave is defined as spouses, children, grandchildren, parents, grandparents, siblings, and in-laws and all "step" relationships in these categories. Payment for bereavement leave is at the employee's straight time rate of pay. Vacation or personal days may be granted to attend the funerals of other close relatives or friends upon approval by the employee's supervisor. Time off without pay will only be considered if the employee does not have vacation or personal days available. To be eligible for the excused absence and pay provisions of this policy, employees are to request bereavement leave through their supervisor no later than the first scheduled workday following the death of an immediate family member. The Town of Fountain Hills reserves the right to request all pertinent information including the deceased relative's name, the name and address of the funeral home, and the date of the funeral. All time taken under the Bereavement leave policy will be paid at regular straight time pay for the workday the leave is taken. 310. Jury/Witness Duty PURPOSE: Employees are encouraged to appear before a court, public body, or commission for witness duty when subpoenaed to do so. Employees are excused from work to fulfill their civic responsibilities when required. SCOPE: This policy applies to all Town Employees and all Town Departments. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 35 Jury Duty The employee who is summoned for jury duty is required to provide a copy of the jury duty summons to the employee's supervisor as soon as is reasonably possible. Employees are expected to report for work whenever the court schedule permits them to finish out their scheduled shift. An employee who is excused for jury duty on a scheduled workday will be granted a maximum of ten (10) hours of paid Jury Duty Pay to serve for jury duty per summons, less any jury fees provided by the Courts. Full-time Fire Protection Shift Operation employees shall report to shift upon completion of their jury duty each day to complete their remaining shift. Jury Duty Pay will be calculated on the employee's base pay rate. If jury duty falls on a scheduled workday, the employee is to report to duty immediately following release from jury duty (unless paid leave is taken for the balance of the shift). Court Appearance/Witness Duty In the event an employee is subpoenaed to provide deposition testimony, or to testify as a witness in court proceedings or before an administrative body, commission or hearing officer in a matter that is not connected with Town business, said employee shall be excused and will be granted up to ten (10) hours of paid time off, less any witness fees provided by the Courts. The employee is to report to duty immediately following release from Court/Appearance/Witness Duty (unless paid leave is taken for the balance of the shift). In the event an employee is subpoenaed to provide deposition testimony, or to testify as a witness in court proceedings or before an administrative body, commission or hearing officer in a matter that is connected with Town business, said employee shall be considered working to appear in any such preceding. The subpoena should be shown to the employee's supervisor immediately after it is received so operating requirements can be adjusted, where necessary, to accommodate the employee's absence. The employee is expected to report for work whenever the court schedule permits. 311. Voting Leave PURPOSE: The Town of Fountain Hills encourages its employees to participate in the election of government leaders SCOPE: This policy applies to all Town Employees and all Town Departments. POLICY: Generally, employees are able to fmd time to vote either before or after their regular work schedule. If employees are unable to vote in an election during their nonworking hours due to their work schedule, the Town will grant up to two (2) hours of paid time off to vote. The Town may specify the time during the day the employee may vote which shall not include any time during the regular lunch period. Employees should make their requests at least forty-eight (48) hours in advance of Election Day. Advance notice is required so the necessary time off can be scheduled at the beginning or end of the work shift, or whichever provides the least disruption to the normal work schedule. The employee may wish to inquire of their Registrar of Voters about the possibility of voting by absentee ballot. Every effort should be made to vote either before or after the employee's normal workday. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 36 312. Federal Family and Medical Leave (FMLA) PURPOSE: The Town shall provide Family and Medical Leave in accordance with the federal Family and Medical Leave Act ("FMLA"), as summarized below. This policy is intended to summarize the material terms of the FMLA, and not to create an independent policy in addition to the FMLA. Any conflict between this policy and procedure and the terms of the FMLA is inadvertent and the terms of the FMLA shall govern. SCOPE: FMLA is available to employees with at least twelve (12) months of service and who have worked at least 1,250 hours within the preceding 12-month period. If eligible, an employee may be able to take up to twelve (12) weeks of unpaid leave during the calendar year (based on a 12-month rolling calendar) for the following reasons: 1. The birth of a child or to care for a child within the first 12 months after birth; 2. The placement of a child with the employee for adoption or foster care within the first 12 months of placement; 3. To care for an immediate family member who has a serious health condition; 4. For a serious health condition that makes the employee unable to perform the functions of their position; 5. Military Call to Duty Leave; or 6. Injured/Ill Service Member Caregiver Leave. POLICY: Notification of Need for Leave Employees shall provide 30 days' advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days' notice is not possible, or the approximate timing of the need for leave is not foreseeable, the employees shall provide the Town with notice of the need for leave as soon as practicable under the facts and circumstances of the particular case. Failure of the employee to give 30 days' notice for foreseeable leave, without a reasonable excuse for the delay, or to otherwise satisfy FMLA notice obligations, may result in FMLA leave being delayed or denied. The employee shall inform Human Resources of the need for FMLA qualifying leave and the anticipated timing and duration of the leave, if known. The employee may do this by either requesting FMLA leave specifically, or explaining the reasons for leave so as to allow the Town to determine that the leave is FMLA qualifying. Calling in without providing the reasons for the needed leave, shall not be considered sufficient notice for FMLA. The employee shall respond to the Town's questions to determine if absences may qualify as FMLA. If the employee fails to explain the reasons for FMLA leave, the leave and time off may be denied. When the employee seeks leave due to FMLA-qualifying reasons for which the Town has previously provided FMLA-protected leave, he or she shall specifically reference the qualifying reason for the leave or the need for FMLA leave. Documentation Medical certification will be required if the leave request is for the employee's own serious health condition, to care for a family member's serious health condition, or to care for a covered service member. Medical certification shall be submitted prior to the leave beginning if the employee is able to provide a 30-day notice or more of leave. If notice for leave is not feasible, due to the circumstance Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 37 of the leave, the employee shall provide a medical certification within 15 calendar days of the date of the notice of leave to Human Resources. Depending on the circumstances and duration of FMLA leave, the Town may require an employee to provide a medical recertification of the medical condition giving rise to the need for leave. The Town shall notify the employee if recertification is required and shall give the employee at least 15 calendar days to provide medical recertification. Leaves covered under FMLA must be designated as FMLA-protected and the Town must inform the employee within 5 business days of having sufficient information to determine whether the leave is for an FMLA-qualifying reason. The designation shall state if the leave request is approved, not approved or additional information is necessary. The designation shall also include the amount of leave that will be counted against the employee's FMLA leave entitlement and if some, all, or none of the leave will be paid or unpaid. The Town may retroactively designate leave as FMLA leave with appropriate written notice to the employee, provided the Town's failure to designate leave as FMLA qualifying at an earlier date does not cause harm or injury to the employee. In all cases where the leave qualifies for FMLA protection, the Town and employee may mutually agree that leave shall be retroactively designated as FMLA leave. Return to Work Because the Town wishes to ensure the well-being of all employees, any employees returning from FMLA for their own serious health condition will need to provide a Fitness for Duty statement signed by their treating provider. An employee failing to provide a Fitness for Duty statement will not be permitted to resume work until it is provided. Qualifying FMLA leave will not be counted as an absence under the organization's attendance policy. If an employee fails to return at the end of the FMLA leave, the employee will be considered to have voluntarily resigned their position with the Town of Fountain Hills. Certifications Supporting Need for Military Family Leave Upon request, the first time an employee seeks leave due to a qualifying exigency arising out of the active duty or call to active duty status of a covered military member, the Town may require the employee to provide: (1) a copy of the covered military member's active duty orders or other documentation issued by the military indicating the covered military member is on active duty or called to active duty status and the dates of the covered military member's active duty service; and (2) a certification from the employee setting forth information concerning the nature of the qualifying exigency for which leave is requested. An employee shall provide a copy of new active -duty orders or other documentation issued by the military for qualifying exigency leaves arising out of a different active duty or call to active -duty status of the same or a different covered military member. When leave is taken to care for a covered service member with a serious injury or illness, the Town may require the employee to obtain certifications completed by an authorized health care provider of the covered service member. In addition, the Town may request that the certification submitted by the employee set forth additional information provided by the employee and/or the covered service member confirming entitlement to such leave. Continuation of Benefits The Town of Fountain Hills will maintain health, dental, and vision benefits for the employee while on FMLA leave, but the employee is responsible for paying the normal monthly contribution. Arrangements will need to be made for employees to pay the employee portion of health, dental and/or vision insurance premiums while on leave. Employees shall be required to pay the employee portion Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 38 of all other benefits including life insurance, supplemental insurance, disability insurance, etc. during FMLA leave. Failure to make the required payments shall result in termination of the employee's insurance coverage. Employees may elect to continue or terminate Flexible Spending Account deductions during FMLA leave. If an employee terminates the deductions, the employee shall be allowed to resume election upon return from the FMLA leave. While on FMLA leave, it is still the responsibility of the employee to ensure that all insurance and benefit changes, elections, and updates occur in accordance with the Town imposed deadlines. If the employee elects not to return to work at the end of the leave period, the employee will be required to reimburse the Town for the cost of premiums paid for maintaining coverage during the leave period if not previously paid by the employee. All other benefits cease to accrue during the unpaid portion of the leave. Termination of Benefits If the employee fails to make any required payments while on leave after appropriate waiting periods and time periods as specified by law, the Town's obligation to maintain health care, dental and/or vision coverage ceases if an employee's premium payment is more than 30 days late. If an employee's payment is more than 15 days late, the Town shall send a letter notifying the employee that coverage shall be dropped on a specified date unless the payment is received before that date. Health, dental and/or vision insurance coverage shall then be dropped retroactively to the first of the month for the month of coverage that premium payments were not received. Recovery of Premium Payments The Town has the right to collect from an employee the Town's portion of the health, dental and/or vision insurance premiums during a period of unpaid leave if the employee chooses not to return to work after the leave entitlement for reasons other than the FMLA leave request or for circumstances outside of the employee's control. Such premium amounts may be deducted from any compensation owed to the employee upon termination of employment. An employee shall return to work for at least thirty (30) calendar days in order to be considered to have "returned" to work. Paid Time Substitution Employees must use any accumulated sick, vacation, or personal time to the extent available during this leave period, unless such leave is covered under Workers' Compensation, in which case the employee may only use accumulated leave time for the purpose of satisfying any waiting period. Absences in excess of these accumulated days will be treated as leave without pay. Upon return from leave, the employee will be restored to their original or an equivalent position. Spousal Employees If the employee and their spouse both work for the Town of Fountain Hills, they are both eligible for leave. In cases other than the employee's own serious health condition, the total leave period for the employee and the employee spouse may be limited to 12 weeks total (combined). Intermittent Leave When employees seek intermittent leave or a reduced leave schedule for reasons unrelated to the planning of medical treatment, employees shall, upon request, advise the Town of the reason why such leave is medically necessary. In such instances, the Town and employee shall attempt to work out a leave schedule that meets the employee's needs without unduly disrupting the Town's operations, subject to the approval of the health care provider. Leave because of the birth or adoption of a child Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 39 must be completed within the 12-month period beginning on the date of birth or placement of the child. Other Provisions An employee returning from family and/or medical leave can return to his or her old position, if available, at the time the employee returns to work. If the position no longer exists, the employee may be offered an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. All but "key" employees will be reinstated to their job, or a substantially equivalent position, at the expiration of leave and upon the presentation of a fitness for duty certificate (unless they would have lost their job in any event for any other reason, such as layoff). "Key" employees, who may be reinstated to their job, are salaried employees who are among the highest paid 10 percent (10%) of all the employees employed by the Town. Outside Employment Employees are prohibited from working for another employer while on federal FMLA leave. 313. Military Leave PURPOSE: To provide for military duty in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and Arizona law. SCOPE: This policy applies to all Town employees performing duty on a voluntary or involuntary basis in a uniformed service under competent authority and includes active duty, active duty for training, initial active duty for training, inactive duty training, full-time National Guard duty, an examination to determine the fitness of the person to any such duty, or performing funeral honors duty as authorized by section 12503 of title 10 or section 115 of title 32. POLICY: Employees will be granted a military leave of absence for the period of military service outlined in the military orders, in accordance with applicable laws. Employees must give their supervisors advance notice of upcoming military service, unless military necessity prevents advance notice, or it is otherwise impossible or unreasonable. Paid Leave Paid Leave not to exceed 288 hours for Fire Protection Shift Operations employees or 160 hours if Full -Time, Regularly -Scheduled Town employees, and prorated for Part -Time Regularly Scheduled may be granted in a calendar year. Employees are expected to return to shift after utilizing military leave if military training allows Thereafter, an employee may use any available accrued paid time off, such as vacation or sick leave, to help pay for the leave. Dependent Health Insurance Under USERRA, federal law requires that health plans must offer to continue coverage for employees who are absent due to service in the uniformed services and/or their dependents. The period of coverage available under USERRA shall run concurrently with the COBRA period available to an employee and/or eligible dependents for up to 24 months. The Town will allow the employee to continue to maintain current medical, vision and dental coverage pursuant to COBRA regulations. The employee will be responsible to pay the premium that the member would have paid, absent the Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 40 military leave of absence, for a maximum of 12 months. Thereafter, the employee/dependents shall be allowed the opportunity to continue to participate in Town's group health insurance plan by utilizing their Federal COBRA rights. All other benefits shall be determined based on plan requirements. Benefited Time Vacation and Sick Leave shall accrue during periods of paid military leave. Employees on unpaid military leave are not eligible for paid holidays. Return to Work Town employees must return to work within the following time limits depending on length of service: 1. Fewer than 31 days; report on the next regularly scheduled workday after receiving adequate travel and rest. 2. 31-180 days; return within 14 days after completion of service. 3. More than 180 days; return within 90 days after completion of service. Upon return, provide the employer with a copy of your leave and earnings statement or DD-214 showing the date of entry and discharge. If an employee is on military leave for more than 30 days, they must apply for reinstatement in accordance with USERRA and applicable state laws. Employees returning from military leave (depending on the length of military service in accordance with USERRA) will be placed either in the position they would have attained if they had stayed continuously employed or in a comparable position. For the purpose of determining benefits that are based on length of service, employees will be treated as if they had been continuously employed. Questions about military leave should be directed to Human Resources. 314. Leave of Absence Without Pay PURPOSE: To establish the conditions under which Town employees may be granted leaves of absence without pay when other leave options have been exhausted. SCOPE: This policy applies to full-time Town employees and Fire Protection employees in regular status. POLICY: Length of Leave Generally, a leave without pay shall not normally exceed two (2) calendar weeks. A longer leave of absence may be granted by the Town Manager for legal reasons, such as disability accommodations or other circumstances. The approval of personal leave of absence is discretionary, with consideration given to the staffing needs of the department and determining the best interests of the Town. If the purpose of the personal leave without pay request is for time off due to a serious health condition or other reasons covered under FMLA, the employee shall exhaust FMLA before a personal leave of absence without pay may be requested or approved. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 41 Request Process Requests for such leave must be made in writing to the employee's Department Director. Requests for leave without pay will not be granted until the employee has exhausted available leave with pay to include vacation, sick leave, personal leave, FMLA leave, and any other available leave. Leave Requests that are medical in nature must be submitted to the Department Director, but the review and approval process shall include Human Resources. Benefits Employees on approved leave without pay may elect to continue group insurance coverage while on such leave The period of coverage available shall run concurrently with the COBRA period available to an employee and/or eligible dependents. All other benefits shall be determined based on plan requirements. The employee shall be responsible for the entire cost of benefit. Leave Accruals There shall be no accrual of vacation, sick, or holiday benefits while on unpaid leave. Outside Employment An employee who is utilizing an approved Personal Leave of absence without pay is prohibited from working for another employer while on a Personal leave of absence without pay. Reinstatement The Town is not obligated to hold the employee's position open while the employee is on leave without pay and the employee's right to return to a position from such leave shall be conditioned on the availability of an appropriate position and sufficient funding. The position may be filled on a temporary or regular basis at the discretion of the Town. 315. Exempt Leave PURPOSE: To establish a leave benefit for exempt salaried employees SCOPE: FLSA Exempt Town employees. POLICY: While hours may fluctuate, Exempt employees are expected to normally work a minimum of forty (40) hours per week. The job requirements of most exempt employees mean that they regularly work considerably more than 40 hours, and that the time worked frequently occurs during hours outside of the normal work schedule. It is not the Town's intent to replace time on an hour -for -hour basis, but to provide "Exempt Leave" to acknowledge these realities. Exempt Leave is scheduled, paid time taken off the job that is available to FLSA exempt employees who work beyond the normal workweek. Exempt Leave is a benefit provided in recognition of the many hours in excess of forty (40) hours per week, which may be required but are not directly compensated on an hourly basis. Exempt leave is in addition to other leave provided by the Town as a benefit to employees. Exempt Leave is awarded as time off, up to a maximum of forty (40) hours per payroll calendar year. The payroll calendar year begins the first day of the first pay period of the year and ends the last day Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 42 of the last pay period of the year. Exempt Leave does not carry over into a new payroll calendar year nor shall this benefit be paid out for any accrued and unused Exempt Leave when the employee's employment with the Town ends. Exempt Leave is a "use it or lose it" benefit based on the payroll calendar year. The full forty (40) hours are available to an eligible exempt employee as soon as they are appointed to an FLSA exempt position on a pro rata basis, depending on the time of the payroll calendar year the employee starts in said position. Exempt Leave is scheduled by the employee in the same manner as vacation leave, is to be taken at the convenience of the department to which the employee is assigned, and shall be approved in advance, in writing, or through automation, by the employee's supervisor or the supervisor's designee. It is the responsibility of the exempt employee to request to use their Exempt Leave in compliance with departmental workloads and needs. Requests for usage should be submitted to the supervisor as far in advance as possible. Exempt Leave Table Following are suggested guidelines for approving the use of Exempt leave during the first year of hire into a position eligible for Exempt Leave: Start Date on the Job Number of Hours of Exempt Leave Jan 1— February 28 40 March 1— April 30 30 May 1 — June 30 25 July 1— August 30 20 September 1— October 30 10 316. Recognition Leave PURPOSE: To establish a Recognition Leave benefit that can be awarded occasionally by the Town Manager for commendable or outstanding employee performance. SCOPE: All Town employees. POLICY: Recognition Leave is scheduled, paid time taken off. The Town Manager may approve Recognition Leave for Town employees (both exempt and non-exempt) for commendable or outstanding performance. Award of Recognition Leave is generally limited to instances when the employee has demonstrated exceptional effort or achievement on a special project. No more than forty (40) hours of Recognition Leave may be awarded to any individual employee in a payroll calendar year. The payroll calendar year begins the first day of the first pay period of the year and ends the last day of the last pay period of the year. Recognition Leave must be used within twelve (12) months from when it was awarded, and Recognition Leave is not accruable beyond the payroll calendar year. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 43 Recognition Leave is a "use it or lose it" benefit and may not be carried over beyond twelve months after awarded. An employee shall not be paid any accrued and unused Recognition Leave when the employee's employment with the Town ends. Recognition Leave is scheduled by the employee in the same manner as vacation leave, is to be taken at the convenience of the department to which the employee is assigned, and shall be approved in writing, or through automation, by the employee's supervisor or the supervisor's designee. It is the responsibility of the employee to request to use their Recognition Leave in compliance with departmental workloads and needs. Requests for usage should be submitted to the supervisor as far in advance as possible. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 44 WAGES AND COMPENSATION 400. Wage and Salary Administration PURPOSE: To establish a policy governing the creation and maintenance of a wage and salary plan for Town positions. SCOPE: The wage and salary plan applies to all Town positions that have been approved and budgeted by the Town Council, with the exception of Elected Officials. POLICY: Human Resources, with approval from the Town Manager, develops, maintains, and modifies, as necessary, a non-discriminatory, uniform, and equitable wage and salary plan. Classifications Town positions are allocated to a classification, based on the position descriptions developed within each department. Department Heads shall be responsible for informing Human Resources in writing of changes in a position's duties/responsibilities in their office or department that might possibly affect the classification of such a position. Human Resources may initiate a classification review to update and modify classification specifications or any component of the classification as is deemed necessary. Reclassifications A reclassification may occur when a position or group of positions and/or classification has undergone a significant change in the type, difficulty, or degree of responsibility entailed in the work performed within that position. Such a situation may result in the assignment of classification to a higher, lower, or similar classification based on the type of changes which have occurred. A reclassification is only appropriate on a Town or department -wide basis. The concept of reclassification will not be used to circumvent promotions into a higher job classification. If any Department Head desires that a position be reviewed for a possible reclassification, they will forward a request to Human Resources, including the following information: A memo stating what factors or duties of the position have changed, the reason for change, and the potential impact of the reclassification, if any, on other positions. Upon receipt of the above documentation, Human Resources shall review the information provided. Additional information and/or a position audit may also be required. Following the position review, Human Resources shall evaluate the position and determine the proper class allocation. A reclassification may result in one of four actions: (1) no change; (2) a change in classification with no change made to pay grade; (3) change in pay grade upward; (4) change in pay grade downward. If a classification action results in a change in pay grade, the corresponding change in the incumbent's salary will be to the new grade at their current pay rate or at entry level of the new grade, whichever Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 45 is higher. If a classification results in a change of range upward, the requesting department will be responsible for funding the increase to include additional funds that are necessary in the budget request for subsequent increases. Requests for any additional funding in the current or future budget years must be transmitted to the Finance Department for review and forwarding to the Town Manager for action by the Town Council as may be required. Effective dates for classification changes will follow conclusion of a classification review/study and shall not be made on a retroactive basis. Development of New Job Positions and/or Classifications The Town's position/classification system strives to be responsive to organizational and environmental changes. The Human Resources Department will assist with the revision of position/classification specifications and the development of new position/classification specifications within the broad class concept as necessary to meet the on -going operational requirements of the Town. Job Evaluation Job evaluation is a system used to determine the relationship of each job relative to all other jobs in the Town without regard to the incumbent in the position. The Town Manager is responsible for selecting the method of job evaluation. Pay Structure Human Resources is responsible for establishing a pay structure, as approved by the Town Council, based upon job evaluation results. Each position is assigned a pay range and advancement within the pay range shall be contingent upon the available funds and budget requirements of the Town and based upon the employee's performance. Starting Pav Initial appointment to a position shall be made at the minimum salary level for the position unless the Town Manager determines that entry at a higher level is desirable for a particular applicant. This decision shall be based on the outstanding and unusual character of the applicant's experience, education, and ability over and above the normal minimum qualifications specified for the position. Promotions Employees may be promoted up to the starting salary range of the applicable position. If the employee is already being paid more than the starting salary range of the new position a promotional increase may be given at the discretion of the Town. All promotional appointments require written Town Manager approval. Transfers/Demotions A transfer is defined as a change in the assignment of an employee from one position to another position in the same range of pay. An employee who is transferred will be compensated at the same rate as for their previous position. A demotion is defined as a move to a job in a lower salary grade. An employee who is demoted either voluntarily or as a disciplinary measure will be compensated at the equivalent rate on the new pay range. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 46 Equity Adiustments An equity adjustment is a discretionary adjustment to an employee's pay outside of the Town's normal salary programs (e.g., reclassifications, promotions, merits, COLAs, etc.) to remedy pay issues such as external pressure in high demand areas, internal salary compression, retention considerations, and other, similar issues. Equity adjustments are not granted to reward performance. Procedure A request for an equity review may be initiated by a Department Director by: 1. Submitting an Equity Review Request to Human Resources. The request shall include reasons why the request fits this adjustment category as opposed to other categories such as reclassification, promotion, COLA, and why the equity review is warranted. If a previous request was submitted within the past two years, the request shall identify specific conditions that have changed since the previous request. 2. After receiving a request for an equity review, Human Resources will identify other positions performing similar work and compare the qualifications, experience and education of incumbents and evaluate the compensation to assure equity in pay and compliance with this policy. Such review shall be completed as soon as practicable. 3. As part of the equity review, Human Resources will also take into consideration the employee's pay factors including, but not limited to: a. Merit and Cost of Living Increases for the position(s) being considered; b. Comparison of positions within the employee's Department; c. Relative value to the organization; d. Unique job responsibilities e. Pay for similar duties and responsibilities at comparable public entities within the State of Arizona. 4. Human Resources shall make a recommendation as to whether an equity adjustment is appropriate based upon the information gathered. Any recommendation for an equity adjustment shall not go outside of the salary range for the position. 5. An equity review that results in a pay increase may be retroactively applied, depending on factors including the Town's Annual Budget and fiscal year, but in no case shall such retroactive application extend beyond the beginning of the current fiscal year during which the equity review was completed. Any request for review that results in a decrease in pay shall be effective upon completion of the equity review. 6. The Human Resources Department will submit a recommendation for equity adjustments to the Town Manager. 7. The Town Manager shall be responsible for making a final determination as to whether the equity adjustment will be made. This decision by the Town Manager is final and not appealable. 8. The Department Director requesting such a review and any employees impacted by the review shall be notified in writing of the determination. Merit Increases Such an increase is an award for employee performance that meets or exceeds standards set by the Department and evaluated on the Town performance appraisal form. Merit increases shall not be granted if the increase would cause the individual to exceed the maximum pay established in the Pay Plan (refer to annual budget). Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 47 It shall be the responsibility of the Town Manager or Department Head to ensure that employees receive performance evaluations at the appropriate intervals for the purpose of merit increases. The evaluation is required regardless of a change in supervisory personnel. 1. The first merit increase eligibility date shall follow successful completion of an employee's original introductory period. 2. The date that an employee attains regular status in the class by successful completion of the introductory period becomes the employee's annual evaluation date, which shall be the date the employee shall be eligible for future annual merit consideration. 3. On the date that an employee successfully completes a promotional introductory period in a new class, the employee may be eligible for merit consideration and that date becomes the employee's new evaluation date. 4. Evaluation date and merit eligibility may also be affected by terms of demotion or reduction in classification due to layoff. 5. Absence of an employee on authorized leave without pay for more than 30 calendar days during a promotional introductory period shall result in extension of the promotional introductory period by an equivalent amount. 6. If the necessary documentation has not been completed in a timely fashion to allow for the granting of a merit increase on the first pay period falling on or after the evaluation date, the employee will receive the increase retroactive to the date upon which they were eligible. 7. Merit increases are dependent on the availability of funds as determined by the Town's Annual Budget. Cost of Living Adjustments Cost of living adjustments may be given with the approval of the Town Council. Cost of living adjustments are not automatic and are based upon the Town's ability to fund such increases. An employee whose job classification is in the Pay Plan is to be eligible for a cost of living adjustment for the fiscal year authorized by the Town Council. Cost of living adjustments shall not be granted if the increase would cause the individual to exceed the maximum pay established for their class. 401. Employment Categories PURPOSE: To provide a systematic and organized approach for the administration of wages and benefits to employees in a fair and consistent manner. SCOPE: All Town Employees POLICY: All Town employees fall into one of four categories: 1. FULL-TIME — An employee who is normally scheduled to work forty (40) hours per week for fifty-two (52) weeks per year. 2. FULL-TIME FIRE PROTECTION SHIFT OPERATIONS — An employee who is engaged in fire suppression/fire protection activities, normally scheduled to work 48-hour shifts followed Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 48 by 96 hours off within a 14-day work period. This category is scheduled for 2,912 hours per year. 3. PART-TIME REGULARLY SCHEDULED — An employee who is consistently scheduled, for less than forty (40) hours per week, is expected to establish a continuity of service, and whose weekly scheduled work hours do not normally vary. A regularly -scheduled part-time employee is expected to work more than twenty-six (26) weeks per year. 4. PART-TIME NON -REGULARLY SCHEDULED, TEMPORARY (or SEASONAL) — An employee whose work schedule is intermittent, variable, or seasonal in nature. It is expected that an employee should not remain in temporary job status longer than six (6) months. 402. Exempt/Non-Exempt FLSA Classifications PURPOSE: To establish guidelines that ensure that all Town employees are classified in compliance with the Fair Labor Standards Act (FLSA) and state law. SCOPE: All Town employees. POLICY: Definition. Each position is designated as either "Non-exempt" or "Exempt" from the federal Fair Labor Standards Act and state wage and hour laws. EXEMPT — Employee positions with the Town that are not eligible for overtime pay. Exempt employees must be paid on a salary basis. This means exempt employees will regularly receive a predetermined amount of compensation each pay period on a weekly basis that shall ordinarily not be subject to reduction because of variations in the quality or quantity of work performed. The Town is committed to complying with salary basis requirements which allows properly authorized deductions. Exempt Town employees generally need not use accrued leave for absences of four (4) consecutive hours or less in a workday. However, in order to promote public accountability, and notwithstanding any other provisions of these Personnel Policies or any other Town policy, all exempt (i.e., salaried) Town employees are required to use available accrued leave during absences of more than four (4) consecutive hours unless approval is given by the Town Manager, or from a designated Acting Town Manager. Safe Harbor. If an exempt Town employee believes an improper deduction has been made to their salary or that their salary has been improperly deducted, they should immediately report this information to Human Resources. Reports of improper deductions will be promptly investigated. If it is determined that an improper deduction has occurred, the employee shall be promptly reimbursed. NON-EXEMPT — Employee positions with the Town that are eligible for overtime pay for hours worked in excess of 40 hours per workweek, excluding premium overtime pay (29 C.F.R. §778.201). Overtime compensation for non-exempt employees is paid at the rate of one and one- half the regular hourly wage. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 49 Fire Operations: The Town has defined the work period to be a 14-day work period which requires overtime to be paid when over 106 hours are worked in the 14-day work period for fire protection classifications. Positions within the Town may be changed from one category to another as the requirements of the law change or as the nature and scope of duties and responsibilities of a particular job change. Existing and newly established positions will be evaluated and assigned to the appropriate category by Human Resources. Overtime Overtime must be scheduled and approved in advance, by an employee's immediate supervisor. No overtime may be worked without such advance approval, and failure to obtain approval before working overtime may result in discipline, up to and including dismissal. Employees who believe an assigned task requires overtime hours for timely completion, it is the employee's responsibility affirmatively to bring this to the attention of the supervisor. The supervisor has the sole right to approve or deny overtime requests. Holiday time will be included as time worked in the computation of overtime. Sick time, vacation time, personal time, standby time, jury duty, military leave, bereavement leave, etc., are not counted toward hours worked during a week. Thus, for example, the circumstance may arise where an employee may be paid for more than (40) forty hours during any given workweek and not be entitled to receive overtime compensation. Requests to trade shifts cannot result in creating overtime for either party. 403. Call -Back Pay PURPOSE: To establish conditions under which Town employees are eligible to receive compensation for providing emergency type services during nonscheduled work hours. SCOPE: All non-exempt Town employees whose specialized skills and abilities qualify them to perform emergency type services to protect public safety and property outside of non-scheduled work hours. POLICY: Under specific circumstances and controlled conditions, employees in the interest of public safety or protection of property may receive compensation in the form of Call -Back Pay for hours worked outside of normally scheduled work hours. Procedure 1. Eligibility: a. Call Back Pay applies to FLSA non-exempt Town employees who are called back to work outside of their regularly scheduled hours for emergency type work. b. Scheduled attendance to perform tasks during weekend and/or holiday hours is not eligible for Call -Back Pay. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 50 2. Assignment: Call Back Pay does not apply when: a. The employee is still on the clock and additional work is assigned that will extend their regular workday, in which case normal overtime may apply. b. The employee works overtime hours that were planned in advance (i.e. scheduled overtime). c. The employee requests the opportunity to work additional hours outside of their normal scheduled shift, in which case normal overtime may apply. d. The employee's call-back hours overlap their regular work schedule as a result of the employee's request to leave work early, thereby substituting the time worked for the irregularly scheduled shift. These hours are not considered call-back but are compensated as regular hours worked. 3. Compensation: a. An employee who is called back to work to perform services will be compensated for a minimum of two (2) hours or for the amount of time worked, whichever is greater at 1.5 times their hourly rate. Overtime hours worked under this section is considered premium overtime pay and shall not be calculated in the regular rate of pay for the purposes of calculating FLSA overtime (29 C.F.R §778.203 and §778.204 or as amended). b. Travel time to and from the work site is not compensable under Call Back Pay status; only hours actually worked. c. An employee shall not be considered on more than one (1) Call -Back Pay status at any given time. d. Subsequent calls received to perform services within two (2) hours of the start time of the initial call will be compensated for as an extension of the initial call; not as a new call with another two (2) hour minimum. Example 1: First call received at 9:00 am First call completed at 9:30 am Second call received at 9:50 am Second call completed at 10:30 am In Example 1, the employee will be compensated for two (2) hours. The second call was received within the two (2) hour window of the first call. Therefore, the second call will be compensated as an extension of the first call received. Example 2: First call received at 9:00 am First call completed at 9:30 am Second call received at 11:15am Second call completed at 12:00 pm In Example 2, the employee will be compensated for four (4) hours. The second call was received two (2) hours and fifteen (15) minutes after the initial first call. Therefore, the second call will be compensated as a separate additional call with the two (2) hours minimum applicable to both calls. Example 3: First call received at 9:00 am First call completed at 9:30 am Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 51 Second call received at 10:00 am Second call completed at 12:30 pm Third call received at 1:00 pm Third call completed at 2:00 pm In Example 3, the employee will be compensated for five (5) hours and thirty (30) minutes. The second call was received within the two (2) hour window of the first call. The second call will be compensated as an extension of the first call received. However, the third call was four (4) hours after the initial first call. The third call will be compensated as a separate additional call with the two (2) hours minimum applicable. Payment for call-back hours will be made on regularly scheduled pay days and will not be paid in advance. 404. Stand -By Duty (On -Call) PURPOSE: To ensure specific employees are available at any time to respond to after normal business hours emergency situations as they arise. SCOPE: Any Non -Fire Protection Shift Operation Town employee whose specialized skills and abilities qualify them to perform or coordinate emergency type services to protect public safety and property during non-scheduled work hours. POLICY: Under specific circumstances and controlled conditions, employees in the interest of public safety or protection of property may be required to be placed on stand-by for duty. Procedure 1. Eligibility: a. Stand-by Duty is restricted to those employees qualified to perform specialized emergency services. b. Scheduled attendance to perform tasks during weekend and/or holiday hours are not eligible for Stand-by Duty Pay. c. In cases of Town emergency or need, employees may be contacted to work during their off hours. Employees who are called in, and are not on Stand-by Duty status, are not eligible for Stand-by Duty Pay. These hours will be calculated under Call-back Pay status. 2. Assignment: a. The responsible Department Supervisor shall maintain a stand-by roster of qualified personnel (capable of performing specialized emergency services that may be required) to serve on Stand-by Duty. b. Stand-by duty shall be allocated fairly amongst qualified employees as follows: i. First, on a rotational basis, qualified employees who volunteer to be put on Stand -By Duty. ii. Second, if there is an insufficient number of qualified employees to volunteer, qualified staff members will be assigned to cover required hours on a rotational basis. c. Stand -By Duty shall be scheduled and assigned in advance. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 52 d. While assigned to Stand -By Duty employees shall maintain a physical readiness to respond to emergency call situations and be capable of performing safety -sensitive functions. e. While assigned to Stand -By Duty employees shall maintain a physical proximity to the applicable Department building that allows for no more than a thirty (30) minute response time for call to duty. f. Employees while assigned to Stand -By Duty shall remain accessible at all times by pager and/or by telephone. g. Exchanging Stand -By Duty assignments —Employees may exchange stand-by weeks/days assignments with supervisory approval. h. Subject to meeting the above obligations, employees on stand-by are free to go about their normal day-to-day activities but are prohibited from consuming alcohol. 3. Compensation: a. Stand-by Duty employees will be paid one (1) hour of pay for each regularly scheduled workday and two (2) hours of pay for each non-scheduled workday while on -call. These hours begin after the completion of the workday and continue until resuming work the following workday. Employees are not eligible for on -call pay during hours that they are scheduled to work (including weekends and holidays). Employees are not eligible for on -call pay unless they have been formally scheduled for coverage. Typically, no more than one employee per service area should be scheduled for an on - call assignment. b. An employee on Stand -By Duty, who is called to perform services, will be compensated for a minimum of two (2) hours at 1.5 times their hourly rate. Overtime hours worked under this section is considered premium overtime pay and shall not be calculated in the regular rate of pay for the purposes of calculating FLSA overtime (29 C.F.R §778.203 and §778.204 or as amended). 405. Job -Sharing PURPOSE: To establish conditions under which Town employees are eligible to work in a job -shared position. SCOPE: This policy applies to all Town Employees and all Town Departments. POLICY: In order to accommodate the needs of our employees, the Town of Fountain Hills may permit employees in specific positions to job share. The supervisor and Human Resources will determine whether a specific job may be effectively performed by two individuals and whether both individuals can effectively work in a job -sharing arrangement. PROCEDURE: If the supervisor identifies a position deemed conducive to job sharing, the supervisor should meet with the department director, then Human Resources in order to be aware of job share logistics and benefit eligibility consequences. Human Resources, the department director, supervisor and employees should be clear on: 1. The hours and days each employee must be present in the workplace; 2. The work equipment that will be necessary for the employees to job -share; 3. The performance expectations; Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 53 4. The reporting requirements for each job under the job -sharing arrangement; 5. Holiday compensation; and 6. Usage of leave. The Town of Fountain Hills reserves the right to revise or rescind this arrangement at its sole discretion. 406. Payroll and Timekeeping PURPOSE: To provide standardization of time reporting and provide each department the information needed to accurately record and submit their timesheets in accordance with applicable State and Federal guidelines. Accurately reporting time worked is the responsibility of each employee. SCOPE: This Policy applies to all Town employees. POLICY: Workweek The Town's Workweek covers seven consecutive days for the purpose of compliance with the Fair Labor Standards Act and shall consist of seven (7) consecutive calendar days which begins on Monday at 12:00 AM and ends on Sunday at 11:59 PM. Section 207(k) of the FLSA allows employees engaged in fire suppression to be paid overtime on a work period basis. The Town has defined the work period to be a 14-day work period. Pav Period A pay period shall be the two (2) consecutive workweeks, on the conclusion of which payroll is completed. Pay Schedule Employees are paid bi-weekly, typically on Thursdays. New employees should be advised by their supervisor when they can expect to receive their first payroll check. Pav Deductions It is the Town's policy to comply with applicable wage and hour laws and regulations. If you have any questions or concerns about your employment category or FLSA classifications or you believe that any deduction has been made from your pay that is inconsistent with your status, you should raise the matter with Human Resources who can assist you in understanding the information that is required in order to investigate the matter. The Town is committed to investigating and resolving all complaints as promptly, but also as accurately, as possible. Consistent with the U.S. Department of Labor's policy, any complaint shall be resolved within a reasonable time given all the facts and circumstances. If an investigation reveals that you were subjected to an improper deduction from pay, you shall be reimbursed, and the Town shall take whatever action it deems necessary to ensure compliance in the future. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 54 Payroll Reporting Procedures Hours of attendance shall be maintained on official Town payroll documents, or electronic records as specified by the Human Resources office. Any falsification of individual time records or payroll documents by any Town employee will result in disciplinary action up to and including termination. In the event of an error in reporting time, the employee should immediately report the problem to their supervisor. Non -Exempt employees shall accurately record the following on a daily basis: 1. Time beginning/ending work each day; 2. Time beginning/ending of each meal period; 3. Absence from work with appropriate pay codes; and 4. Total number of hours per day and week. It is the employee's responsibility to sign his/her timesheet to verify accuracy. Exempt employees are required to record their time off for the purpose of paying vacation days, sick days, personal days, or any types of leave during the pay period. Non-exempt employee time records shall be reviewed and approved by each supervisor. Corrections Corrections or changes to the time sheet shall be made by contacting the supervisor. The supervisor must approve any corrections on the time sheet. If a payroll error occurs, it is the employee's responsibility to immediately notify Human Resources. Corrections must be submitted for adjustment on the next payroll within fourteen (14) calendar days from the pay date. Penalties Altering, falsifying the time record, tampering with time records, recording time on another employee's time record (authorized personnel excluded) or any other infraction of this policy may result in disciplinary action, up to and including termination of employment. Pav Advances The Town does not provide pay advances on unearned wages to employees. 407. Garnishments PURPOSE: To ensure accurate and lawful deductions from employee wages as required by the garnishment or wage order. SCOPE: This policy applies to all Town Employees. POLICY: The Town is required to comply with all valid claims against the wages of employees. If a wage garnishment, child support order, or some other legally valid claim is received by the Town, the employee will be notified about the amount and details of the garnishment or wage order. The Town will be required to comply with the provisions of the garnishment notice or order, as soon as practicable after it is received, to ensure its compliance with applicable law. 408. Personal Data Changes PURPOSE: To ensure that all employee information is up to date and accurate. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 55 SCOPE: All Town employees. POLICY: Each employee shall promptly notify Human Resources of any changes in personal data. Personal mailing addresses, telephone numbers, number and names of dependents, individuals to be contacted in the event of emergency, educational accomplishments, and marital status. This information is necessary as it may affect your dependents' eligibility for benefit coverage, and other important matters. 409. Direct Deposit PURPOSE: To provide Town employees information regarding the Direct Deposit of payroll checks. SCOPE: All Town employees. POLICY: All Town employees shall have payroll wage payments and reimbursements disbursed through direct deposit to the financial institution(s) of the employee's choice. This convenience provides the employee with funds available in their bank account each payday. Employees will receive a payroll earnings statement on payday that details the pay and deduction information. All Town employees shall adhere to the following: 1. Each employee shall complete a Direct Deposit Authorization Agreement upon hire and submit to Administration by timeframes specified by Human Resources. 2. It is the employee's responsibility to immediately notify Human Resources if the employee's bank account changes by completing and submitting the new Direct Deposit Authorization Agreement. 3. Any overpayments, underpayments, or failure to timely submit timesheets will be adjusted on the following payroll. Each bank will post deposits at different times. The Town is not responsible for bank policies. 410. Travel Time PURPOSE: To establish a set of uniform guidelines for the compensation of employees during periods of business -related travel. SCOPE: All Town employees. POLICY: It shall be the policy of the Town of Fountain Hills to comply with applicable provisions of the Fair Labor Standards Act as it relates to the compensation of employees during periods of business -related travel. Travel Time Any work which an employee is required to perform while traveling shall be counted as hours worked. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 56 Home to Work Trav el An employee who travels from home before the regular workday and returns home at the end of the workday is engaged in ordinary home to work travel, which is not time worked, even if the work site is different each day. Commute Time An employee who travels from home before the regular workday and returns to their home at the end of the workday is engaged in ordinary home to work travel, which is not work time. Home to Work on a Special One Day Assignment in Another Town If an employee who regularly works at a fixed location in one town is given a special one -day assignment in another town or city and returns home the same day, the time spent in traveling to and returning from the other town or city is work time, except that the Town will deduct the time the employee would normally spend commuting to the regular work site. Travel That is All in a Dav's Work Time spent by an employee in travel as part of their principal activity, such as travel from job site to job site during the workday, is work time and will be counted as hours worked. However, ordinary home to the first work site and the final work site of the day to home is not considered time worked. The Town allows employees to attend conferences and general educational activities for personal growth and as a fringe benefit. Travel to and from professional conferences for career advancement, where the employee does not engage in an activity directly related to the employee's "principal activity" and where attendance is voluntary, is not compensable. (29 CFR §785.31) Travel Away from Home Community Travel away from home that involves an overnight stay will be work time when it cuts across the employee's workday. The time will be hours worked on regular workdays during normal working hours and during corresponding hours on nonworking days. Passengers A passenger on an airplane, train, boat, bus, or automobile will not be considered work time outside regular working hours unless the employee is actively working. Approval Department Directors will be responsible for ensuring that employees plan their travel with the principles of fiscal austerity in mind. All travel plans are subject to approval by the Department Director. Carpooling should be a consideration whenever more than one staff person is attending the same training/meeting. If employees request to drive separately, there should be a business reason to do so. Flexible Scheduling Whenever possible, Department Directors should consider the use of flex time during the workweek for employees who must travel to reduce additional hours worked in the same workweek. The Department Director may alter an employee's work schedule for travel time purposes considering staffing needs and the best interests of the department. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 57 BENEFITS FULL-TIME REGULARLY -SCHEDULED employees are eligible for all benefits currently offered by the Town. 500. Benefits PURPOSE: To offer employment benefits to those employees who qualify for coverage. SCOPE: This policy applies to all Full -Time Regularly -Scheduled Employees. POLICY: The Town provides group benefits coverage for Full -Time Regularly -Scheduled employees, inclusive of fire operations. Eligible Employees The Town shall determine the design and selection of all benefits and retains the right to change these benefits. Employees shall be notified of any changes. The Human Resources Department is responsible for implementation and administration of all group benefits and insurance plans. More detailed information about each plan can be found in the plan documents maintained in Human Resources and the summary plan descriptions (SPDs). SPDs are the official documents regarding employee benefit plans and supersede all references to employee benefits in this Manual. These benefits may change from time to time and are governed by master contracts or benefit plan documents that may also change from time to time. For this reason, if there is any conflict between the benefit descriptions contained here, and the summary plan descriptions and provider policies, the summary plan descriptions and provider policies shall govern in all cases. The Human Resources Departments shall maintain an Annual Enrollment Benefits Guide for all employees to summarize the benefits, plan design, effective date, and employee cost for each benefit offered by the Town. 501. Medical, Pharmacy, Dental, Vision, and Cobra Continuation PURPOSE: To offer medical, pharmacy, vision, and dental insurance to those employees who qualify for coverage. SCOPE: This policy applies to all Full -Time Regularly -Scheduled Employees. POLICY: Coverage The design and selection, including all levels of benefits provided to Town sponsored medical, pharmacy, vision, and dental insurance plans and insurance carriers are determined by the Town. Participation for employee groups is also determined by the Town and applicable state and federal regulations; and is governed by the contract of insurance in place between the Town and the chosen Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 58 insurance provider. Employees shall receive notification of any carrier changes, as adopted by the Town. Employee Premium Contribution Employee premium contributions are established by the Town. Any employee required to pay any portion of the health insurance premium shall make such payment by payroll deduction on a pre-tax basis. Health insurance premiums are paid each paycheck and shall be deducted 24 times per year. If an employee is on an approved leave and a payroll deduction is not possible, unless other arrangements have been approved by Human Resources, the employee shall be responsible to pay the monthly premium to the Town of Fountain Hills within five (5) business days following the applicable payroll deduction date. Failure to make premium payments may result in termination of coverage. Eligibility All full-time status employees are eligible for the Town sponsored Medical, Pharmacy, Vision, and Dental Insurance. Enrollment Those employees who do not enroll in the group benefits plans during their initial new employee eligibility period shall not be eligible again to enroll until one (1) of the following events occur: 1. Open Enrollment Event: The Town holds an open enrollment period in the second quarter of each year. Employees are eligible to make any change(s) to cancel or add insurance coverage during the open enrollment period. All elections during open enrollment shall be effective on July 1st of each year. 2. Section 125 Qualifying Event: IRS Section 125 defines the circumstances under which a plan may permit an employee to change elections with respect to group benefit coverage. A qualifying event occurs when an employee or dependent that is covered becomes (or ceases to be) eligible under the Plan. A qualifying event allows employees to adjust insurance coverage without waiting until the open enrollment period. The qualifying event shall be reported within 30 days of the event to Human Resources along with along with written proof of the event. The effective date of the change shall be determined by the insurance carrier but shall be no later than the first day of the month following the qualifying event date. Common qualifying events include, but are not limited to: a. Marriage b. Divorce or legal separation c. Birth, adoption or placement for adoption of a child d. Spouse's loss of employment/coverage e. Death f. Reduction in hours to less than full time status g. Dependent turns 26 (effective date of the change for this event only is the last day of the month that the dependent turns 26) Waiver or Cancellation of Coverage If an employee declines, waives or cancels any insurance coverage, the employee shall complete an insurance waiver form provided by Human Resources. The effective date of any change due to waiver shall be dependent on the reason and timing of the waiver and shall be determined by the insurance carrier consistent with the reason or timing of the waiver and any regulatory requirements (such as COBRA or Section 125 qualifying event changes). Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 59 Dual Coverage Not Permitted The Town provides health insurance coverage under either one (1) family plan or two (2) single plans. No Town employee may be on two Town sponsored health plans. Insurance Continuation Under the Federal Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) and subsequent amendments to the Act, employees covered under an employer's group insurance plan are eligible for continuation of certain insurance coverage under the group plan. COBRA contains provisions giving certain employees, former employees, spouses, former spouses, and dependent children the right to temporary continuation of insurance coverage at group rates plus a 2% administration fee. This coverage, however, is only available when coverage is lost due to COBRA qualifying events. COBRA qualifying events are events that would cause an individual to lose insurance coverage. The type of COBRA qualifying event shall determine who the qualified beneficiaries are and the amount of time that a plan shall offer the insurance coverage to them under COBRA. COBRA qualifying events include: 1. Employee or spouse's voluntary or involuntary separation of employment for reasons other than gross misconduct. 2. Employee or spouse's reduction in the number of hours of employment. 3. Spouse becomes eligible for Medicare. 4. Divorce or legal separation from employee. 5. Death of employee. 6. Dependent child loss of dependent child status under the plan rules. The employee (or qualified dependent) shall report the COBRA qualifying event within 30 days of the event to Human Resources and provide written proof of the event. The effective date of the change shall be the qualifying event date. All employees, as well as their qualified dependents, shall receive notice of mandated insurance continuation benefits when the plan coverage for the employee begins. 502. Other Benefits PURPOSE: To provide additional fringe benefits to employees. SCOPE: This policy applies to all Full -Time Regularly -Scheduled Employees. POLICY: Short Term Disability Benefit eligible employees will receive Town paid Short -Term Disability Insurance (STD). The STD plan provides income replacement for employees when they have an extended illness or injury. The benefit has a 30-day elimination period. Long Term Disability Benefit eligible employees will receive Town paid Long -Term Disability Insurance (LTD). The LTD benefits begin on the later of 90 calendar days after the onset of your disabling injury or illness or the date your short-term disability ends. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 60 Life Insurance The Town sponsors a guaranteed issue life -insurance policy for Full -Time Regularly Scheduled employees. Additional life insurance may be purchased for both the employee and qualified dependents. 503. 401A Retirement Plan PURPOSE: To provide employees a plan for saving and investing in financial security for retirement. SCOPE: This policy applies to all Full -Time Regularly -Scheduled Employees. POLICY: The Town of Fountain Hills does not deduct Social Security taxes from full-time benefited employees' paychecks. Instead, the Town has a mandatory 401A Retirement Plan. This plan is administered by a registered third -party administrator. Eligible employees will contribute 11 % of their gross pay to their retirement account. Employee contributions are not subject to federal and state taxes and may grow tax deferred until paid out, when they will be taxable as ordinary income. All employee contributions are 100% vested. The Town of Fountain Hills will also contribute 11 % of the eligible employee's gross pay. The Town's contributions are subject to a vesting schedule as follows: Years of Vesting Service % Vested 1 YR 20% 2 YR 40% 3 YR 60% 4 YR 80% 5 YR 100% Detailed information concerning the plan is available from Human Resources. The Town of Fountain Hills will provide periodic briefings with a representative of the third -party administrator. 504. Deferred Compensation (457) PURPOSE: To offer employees a plan for saving and investing in financial security for retirement. SCOPE: This policy applies to all Full -Time Regularly -Scheduled Employees. POLICY: The Town of Fountain Hills provides an optional deferred compensation plan for all employees. Employees become eligible on their first day of employment. This plan is administered by a registered third -party administrator. Employee contributions are not subject to federal and state taxes and may grow tax deferred until paid out, when they will be taxable as ordinary income. All employee contributions are 100% vested. There is no employer match of contributions. Enrollment Eligible employees may enroll in a Deferred Compensation plan at any time. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 61 Cancellation Employees are permitted to cancel or change their payroll deduction(s) into the Deferred Compensation Plan at any time by sending a written request to Human Resources. The cancellation shall be processed during the first pay period following the date the form was received by the Human Resources Department, whenever reasonably possible given payroll processing deadlines. Detailed information concerning the plan is available from Human Resources. The Town of Fountain Hills will provide periodic briefings with a representative of the third -party administrator. 505. Health Savings and Flexible Spending Accounts PURPOSE: To offer employees flexibility and financial incentives for personal health and wellness. SCOPE: This policy applies to all Full -Time Regularly -Scheduled Employees. POLICY: The Town offers two types of optional healthcare -related accounts. Eligibility for the type of account is dependent on the medical plan selected. In both cases the plans allow the employee to set aside pretax dollars each pay period to pay for certain eligible health expenses. Flexible Spending Account (FSA) Eligible employees indicate the amount they wish to defer from their pay up to the maximum allowable amount regulated by law each year for medical expenses and/or dependent care expenses during the open enrollment period for this optional FSA. This amount is set and cannot generally be changed during the year unless the employee has a qualifying life event. The Town deducts this amount in equal amounts over 24 pay periods. If the money is not spent by the end of the fiscal year, it is subject to forfeiture (use -or -lose). Health Savings Account (HSA) Employees must be in a qualified High Deductible Health Plan (HDHP) to be eligible for the optional Health Savings Account (HSA). Eligible employees indicate the amount they wish to allocate from their pay up to the maximum allowable amount regulated by law each year. Employees can change this amount throughout the year by sending a written request to Human Resources. The HSA does not have a use -or -lose provision. The funds are yours to keep whether you change plans or retire. More information can be found in the employee Open Enrollment Guide. 506. Employee Assistance Program PURPOSE: To provide employees confidential and accessible support resources to assist with personal and professional challenges. SCOPE: This policy applies to all Full -Time Regularly -Scheduled Employees. POLICY: The Employee Assistance Program (EAP) is a voluntary, no cost service that provides professional, confidential assistance for many types of personal problems. The program is designed to encourage early intervention and awareness of such problems and to offer help at the earliest Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 62 opportunity. Employees are responsible for their performance and for taking constructive action to resolve any personal problems that affect or threaten to affect their on-the-job behavior. Supervisors are responsible for remaining alert to all instances of substandard work performance and bringing these instances to the attention of the employee, along with an offer of assistance, at the earliest indication of a recurrent problem. Utilization of the EAP is most times on a voluntary basis. If an employee is referred by a member of management as a condition of continued employment, utilization is mandatory. In the case of mandatory utilization, the only information the Town of Fountain Hills will receive is that the employee is in the program, cooperating, and making their appointments. The decision to seek or accept assistance through the EAP will not adversely affect an employee's job security or advancement opportunities. However, participation in the EAP in no way relieves the employee of the responsibility to meet acceptable work performance and attendance standards. All full-time employees and benefit -eligible dependents are eligible to receive assistance through the EAP. The EAP will not reveal any information that the individual discloses to the EAP except in the following circumstances: 1. The employee consents in writing; 2. The law requires disclosure; or 3. It is believed that life or safety is threatened by nondisclosure. EAP is strictly confidential and is designed to safeguard your privacy and rights. All counselors are guided by a Professional Code of Ethics. 507. Officer Craig Tiger Act PURPOSE: To provide care for eligible employees exposed to traumatic events in the line of duty. SCOPE: This policy applies to all Public Safety Employees. POLICY: This Act provides up to twelve (12) visits of licensed counseling to eligible Public Safety Employees who are exposed to certain events while in the course of duty. Under certain conditions, the Act provides for an additional twenty-four (24) visits after the initial counseling visits. The Act allows a Public Safety Employee to choose a licensed mental health professional for their counseling services. The Town shall pay the licensed mental health professional pursuant to the schedule of fees established by the Industrial Commission of Arizona pursuant to section 23-908. A Public Safety Employee and may seek counseling services if they were exposed to any one of the following events: 1. Visually or audibly witnessing the death or maiming or visually or audibly witnessing the immediate aftermath of such a death or maiming of one or more human beings. 2. Responding to or being directly involved in a criminal investigation of an offense involving a dangerous crime against children as defined in section 13-705. 3. Requiring rescue in the line of duty where one's life was endangered. 4. Using deadly force or being subjected to deadly force in the line of duty, regardless of whether the Peace Officer or Firefighter was physically injured. 5. Witnessing the death of another Peace Officer of Firefighter while engaged in the line of duty. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 63 6. Responding to or being directly involved in an investigation regarding the drowning or near drowning of a child. In compliance with provisions set forth by this amended Act, Human Resources shall track and provide annual reporting to the State of Arizona by September of each year. 508. Tuition Reimbursement PURPOSE: To provide a means of assistance for Town of Fountain Hills employees to obtain job - related education. SCOPE: All Full -Time, Regularly -Scheduled Employees who have completed a minimum of twelve (12) months of paid continuous service. POLICY: The Town of Fountain Hills encourages employees to further their development and skills through continuing education. Employees who meet the eligibility requirements stated herein shall be reimbursed for approved courses, in an approved course of study by an accredited school, college, or university. For purposes of this policy, accredited refers to accreditation provided by a body recognized by the US Department of Education. Limits: The maximum reimbursement limit is $5,250 per calendar year and is excluded as taxable wages. This benefit is subject to availability of Town funds on a fiscal year basis. Town employees should contact Human Resources to obtain information regarding the maximum annual reimbursement amount they may be eligible to receive. The Town reserves the right to limit or expand reimbursements if this limit fluctuates. Reimbursable expenditures include tuition only. Administrative fees, laboratory, technical fees, required textbooks, incidental fees such as parking permits, supplies, and recreation fees/activity fees are not covered under this reimbursement plan. Tuition reimbursement is available to eligible employees pursuing advanced education in a field which is directly related to their duties performed for the Town. Definitions: "Allowable amount" is approved by the Finance Division based upon budgeted funding and the criteria set forth within this policy. The determination of the allowable amount is made prior to the beginning of each fiscal year. Funds in excess of those approved in the Town's budget cannot be expended without prior Town Manager approval. "Fiscal Year" is defined as July 1st through June 30th. Eligibility Requirements Individual courses as well as degree programs (undergraduate and graduate) may be considered for assistance under this program if they meet the following requirements: Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 64 1. The course must be related to the employee's current job or future career growth with the organization. If a degree program is approved, all courses necessary to obtain the degree are eligible for reimbursement even if the course is not directly related to the employee's job. However, a Tuition Reimbursement Application must be submitted and approved prior to the beginning of each course under the degree program (see Reimbursement below). 2. Courses must be taken from an accredited school, college, or university. Accredited refers to accreditation provided by a body recognized by the US Department of Education. 3. Work schedules are not reduced for participating employees. Courses must be taken outside of the employee's normal work hours. 4. All course homework must be completed during non-scheduled work hours. Reimbursement To be eligible to receive reimbursement, the following must be satisfied: 1. A completed Tuition Reimbursement Application, including the Department Head's signature of approval, must be provided to Human Resources no less than thirty (30) days prior to the first session of class. 2. The employee must be actively employed by the Town of Fountain Hills in a full-time, regularly -scheduled status at the time the course is completed and when the employee receives the final grade. 3. The actual amount of reimbursement is dependent on funding availability and total dollar amount requested for reimbursement. Reimbursement will be made upon successful completion of the course (a letter or point value equivalent to a grade of "C" or better or a "pass" for a pass/fail course). 4. Proof of satisfactory completion and detailed invoices must be submitted to Human Resources. 5. Employees who receive fmancial assistance for their education from grants, scholarships, or other sources must disclose the source on the request for tuition reimbursement. If employees are receiving funding other than student loans for their education from another source, the Town will not provide reimbursement for that portion of the cost. The amount of reimbursement shall be reduced by any financial assistance the employee receives from any outside source. Approvals Rcquired All requests for Tuition Reimbursement require the approval of the employee's Department Head. 1. All required approvals must be satisfied prior to registering for or enrolling in requested course(s). Requests received after registration or enrollment may not be eligible for reimbursement. Note: A new Tuition Reimbursement Application must be submitted and approved prior to taking courses for which the employee requests tuition reimbursement, including those that are taken as part of a previously approved degree program. 2. The Town Manager will review the request and approve or disapprove the reimbursement request based on the job -relevance of the request, potential benefit to the Town, and funds available. Note: A set funding amount is allocated to this program on a fiscal year basis. For that reason, funds are distributed on a "First Come — First Serve" basis at time of application. Procedure 1. All requests for tuition reimbursement must be submitted on a Tuition Reimbursement Application Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 65 2. All requests must include identification of the agency accrediting the college and a description of the course(s). Both of these may be photocopied from the school catalog or website. For degree programs, a copy of the requirements for the degree must be submitted, including a list of all required courses. As above, a photocopy from the school catalog or website will generally suffice. 3. Upon final approval or disapproval, a copy of the Application is returned to the requesting employee and Department Head. 4. Upon successful completion of the course, the employee shall re -submit their copy of the Application to Human Resources, along with proof of successful completion (grade report/transcript) and detailed invoices for reimbursement within thirty (30) days of completion of the class(s). Separation from Employment - It is anticipated that the employee and the Town of Fountain Hills will both benefit from employee development activities and the organization's financial investment in such activities. In order to remain eligible for tuition reimbursement, an employee must remain employed by the Town at the time the course(s) completes, and a final grade is issued. If an employee's employment with the Town is terminated for any reason prior to such time, the employee will no longer be eligible for tuition reimbursement. Tuition reimbursement may be paid prior to completion of requested courses, but only on an exception basis. The employee must furnish an explanation of need that would justify payment in advance, and an affirmative endorsement by the individual's Department Head prior to consideration. Each request for exception will stand on its own merits. 509. Training Funding PURPOSE: To maximize the return on investment for Town funded, job -related training outside the scope of the Tuition Reimbursement Policy. SCOPE: This guideline applies to all Town employees. Town employees who attend job -related training may, at the discretion of the Town Manager, have some or all of their expenses paid for through Town funds, including travel, accommodations, auto rental, attendance and required material fees, up to a maximum of $1,500 per fiscal year. POLICY: The Town seeks to assist employees in obtaining job -related training to enhance the personal skills of the employee in areas that are beneficial to Town operations. Procedure Employees who attend a training event that costs $1,000 or more (minus wages, but inclusive of expenses incurred from travel, per diem, lodging, auto rental, attendance and material fees) will be required to sign an agreement stating that if they separate voluntarily from Town employment within one year following the conclusion of the training, an amount based upon the total will be withheld from the final paycheck according to the following schedule: Date of Separation Percentage Withheld Up to 90 days following conclusion 1 00% 91 to 180 days following conclusion 50% Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 66 181 to 365 days following conclusion 25% The original signed agreement will be forwarded to the Human Resources Office for inclusion in the employee's personnel file. Under special circumstances, the repayment requirement provision of this guideline may be waived at the discretion of the Town Manager. Nothing in this policy implies any type of contract with respect to continued employment or limits the rights of the Town to terminate any individual in accordance with Town policy. 510. Memberships PURPOSE: To encourage active community engagement among current employees. SCOPE: This policy applies to all Town Employees and all Town Departments. POLICY: Membership in a professional organization is valuable to our employees as well as to our organization. The Town of Fountain Hills will pay the annual membership fee required for an employee to belong to job -related professional organizations that are approved in the annual budget. The Town of Fountain Hills will also pay the fees required for employees to maintain and/or obtain professional designations that are directly related to their jobs and that are approved in the annual budget. A department director must approve in writing any exceptions to these limits. The Town of Fountain Hills cannot pay for student memberships in professional organizations. If membership in a professional or civic organization or a professional designation is not job related but is beneficial to an employee and our organization, the employee may request that their dues be paid by the Town of Fountain Hills. The employee should make a written request to their department director. The employee will be advised in writing whether any, or all of the dues, will be paid by the Town of Fountain Hills. The Town of Fountain Hills will also pay expenses associated with attending periodic job -related meetings, conferences, and seminars sponsored by professional organizations that are approved in the annual budget. 511. Service Awards PURPOSE: To recognize and celebrate employees' years of service to the Town. SCOPE: This policy applies to all Town Employees and all Town Departments. POLICY: The Town of Fountain Hills has established a Service Award Program to honor employees at certain times during their years of service to the Town. All part-time and full-time employees are eligible. Awards will be issued to employees completing five (5) years of service. Additional service awards will be issued at five-year intervals. Employees will be recognized for their years of service at a staff meeting. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 67 HEALTH, SAFETY & SECURITY 600. Drug and Alcohol -Free Workplace PURPOSE: To maintain a workplace free from the effects of drugs and alcohol. All employees have a right to work in a drug -free environment and to work with individuals free from the effects of prohibited substances. SCOPE: This policy applies to all employees. POLICY: Consistent with the Drug -Free Workplace Act, and to ensure a safe and productive work environment the Town prohibits the use, sale, dispensation, manufacture, distribution or possession of alcohol, drugs, controlled substances, medical marijuana, or drug paraphernalia on any Town premises or work sites. This prohibition includes Town -owned vehicles, or personal vehicles being used for Town business and/or parked on Town property. Additionally, the Town may take disciplinary action, including discharge, for the illegal (under federal or state law) off -duty use, sale, dispensation, manufacture, distribution, or possession of drugs and controlled substances and the illegal use or distribution of alcohol. Restrictions 1. Employees shall not report for duty or remain on duty under the influence of or impaired by any drugs or alcohol, including prescriptions, over-the-counter (OTC) medicines, marijuana or other intoxicants that could impair work performance, alertness, coordination, or response time. 2. Employees must not unlawfully use, possess, distribute, dispense or manufacture any alcohol, drugs or other controlled substances while working for the Town, while on Town property, operating a Town vehicle, operating a personal vehicle while on Town business or representing the Town at any location. 3. Employees shall not consume alcohol, drugs or other intoxicants during lunch periods or breaks or while on -call or stand-by when the individual is expected to return to work. If an on - call employee is requested to work and has consumed drugs and/or alcohol, the employee must disclose the use of such substances at the time the individual is called to report for duty. 4. Employees shall not consume alcohol within 4 hours before reporting to work. Employees must not consume alcohol for eight hours following involvement in an accident until the employees submit to any required post -accident drug and/or alcohol testing. 5. Employees shall not refuse to take or fail to cooperate in any way with a required drug and/or alcohol test. Employees shall not interfere with, alter, substitute, adulterate, dilute or in any way attempt to affect the outcome of the testing procedure. Prescription Medication This Policy does not prohibit an employee from using a legally obtained prescription drug that was legally issued to said employee. When an employee must take prescription or over-the-counter drugs, the employee must ask the medical professional or pharmacist if the drug has any side effects which may impair the employee's ability to safely or productively perform the employee's job duties. If there is potential impairment of the employee's ability to work safely or productively, the employee Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 68 must report this information to the supervisor. An employee may be required to provide the Town with a copy of the prescription and/or other medical verification. If an employee is unable to perform his or her job duties safely and effectively while taking a prescribed medication, the employee may be re -assigned, or, if no suitable position is available, may be placed on a leave of absence. Furthermore, if the Town has designated a position as safety -sensitive and the Town has a good faith belief that the employee is using any drug, whether legal, decriminalized, or prescribed by a physician, that could cause an impairment while working, or otherwise impact the employee's job performance or ability to perform job duties, then the Town may take appropriate action to exclude the employee from the safety -sensitive position. For instance, the Town may assign the employee to another job or place the employee off work. Drug -Related Convictions Any employee convicted of violating an Arizona or Federal Criminal Drug Statute must inform the Town of such conviction (including a plea of guilty and no contest) within five (5) days of the conviction occurring. When the federal government requires a Town to notify the federal contracting office of an employee's drug conviction in a workplace, the Town will provide such notification to the federal contracting office within ten (10) days of receiving such notice of conviction from an employee or otherwise receiving notice of such conviction. Any employee who violates this policy shall be subject to disciplinary action up to and including discharge from employment. Nothing in this policy implies employees of the Town are employed for an indefinite period. Such employment may be terminated with or without cause or notice at the will of either the employee or the Town. This policy and any related policies, practices, or guidelines are not employment contracts or parts of any employment contract. 601. Drug and Alcohol Testing PURPOSE: The Town is committed to maintaining a Drug Free Workplace that is a safe, healthy and productive work environment for all employees free from the effects of substance abuse. Employees are prohibited from possessing, distributing, selling, or working under the influence of drugs or alcohol, which can be a serious safety risk to themselves, to other employees, or to the general public. SCOPE: This policy applies to all Town employees and all applicants who have received conditional offers of employment holding a "safety sensitive" position as defined by A.R.S. §23-493. POLICY: In order to further the Town's goal of maintaining a drug and alcohol -free workplace, the Town has implemented a drug and alcohol testing policy. Town positions that are classified as a safety - sensitive position require specific forms of drug and alcohol testing. All Town employees may be subject to testing based on a reasonable suspicion of use. Employee and Applicant Drug and Alcohol Testing To promote a safe and productive workplace, the Town will conduct the following types of Drug and Alcohol testing as described below: Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 69 1. Post-Offer/Pre-Employment 2. Reasonable Suspicion 3. Post -accident 4. Return-to-Duty/Follow-up Testing Categories of Employee Substance Testing Post-Offer/Pre-Employment Testing: All persons seeking employment with the Town in a position designated as "safety -sensitive" shall undergo post -offer drug testing on or around the time employment commences. Applicants will be informed that as a condition of employment they must pass a drug screening test. Applicants who test positive will be notified that they have not met the standards for employment and will be informed they can have the confirmed positive test re -tested by a government certified lab selected by the applicant. Current employees who are transferring or are promoted into a Safety Sensitive position will also be subject to pre -employment testing. Reasonable Suspicion Testing: An employee will be asked to submit to drug and alcohol testing when the Town reasonably suspects the employee is impaired or has used illegal drugs. The decision to require a test for reasonable suspicion will be based upon objective observations by one or more supervisors and those observations shall be recorded. If a supervisor has reason to believe that an employee is impaired while on duty, he or she should immediately ensure the safety of the employee and others by removing the employee from the worksite., Travel arrangements shall be made by the employee's supervisor or Human Resources for the employee for testing purposes and then home. The employee will be placed on administrative leave pending notification of the test results. If a supervisor has reason to believe that an employee is impaired while on duty, he or she should immediately ensure the safety of the employee and others by removing the employee from the worksite. Travel arrangements shall be made by the employee's supervisor or Human Resources for the employee for testing purposes and then home. The Town will place the employee on leave pending the receipt of drug testing. If the results of the testing are negative, upon return to work, the employee shall be paid for the leave. However, if the results of the testing are positive, employees will not receive pay for the leave. Post -accident Testing: An employee must submit to a drug and alcohol test after an on-the-job accident, including workplace injuries. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 70 1. An accident for purposes of this policy is defined as an incident or occurrence in which any of the following conditions are met: a. A person dies or requires medical treatment. b. The employee receives a citation for a moving traffic violation arising from the accident. c. Property damage is estimated at greater than $250. d. The accident involves use of a Town vehicle. e. The accident involves an employee in a personal vehicle accident while on the job. This section does not require the delay of necessary medical attention for the injured employee following the accident or prohibit a driver from leaving the scene of an accident in order to obtain necessary medical attention. A post -accident alcohol test should be performed within two hours of the accident and not to exceed eight hours. A post -accident drug test should be performed at the same time, but no more than 12 hours after the accident occurred. If an alcohol test is not administered within eight hours or a drug test is not administered within 32 hours following the accident, all attempts to administer testing should cease and the supervisor will prepare a written report stating the reasons a test was not administered. 2. An employee who is involved in an accident must immediately report the accident to their supervisor/manager. 3. When a supervisor/manager observes or is notified of an accident as defined in # 1 above, the supervisor/manager will initiate drug and alcohol testing. The supervisor/manager will order the employee to submit to a urine and/or breath test. The supervisor/manager will arrange to transport the employee to the collection site and will arrange for the employee's transport home. 4. The Town will place the employee on leave pending the receipt of drug testing. The employee shall be paid for the leave if the testing results are negative. The employee will not be paid for the leave if the results are positive. Return to Duty/Follow-up Testing If the Town elects to allow an employee to return to work following a positive test result, the employee must first pass a drug and alcohol test and subsequently submit to a program of unannounced testing for a period of not more than 12 months from the date of return to duty. Substance Testing As permitted by applicable law, the Town may test for any of the following substances: alcohol, marijuana/THC/CBD, cocaine, opiates, amphetamines (including methamphetamines), phencyclidine (PCP), barbiturates, or any other substance considered unlawful under the schedules of the controlled substances section of the comprehensive drug abuse prevention and control act of 1970, as amended, (P.L. 91-513; 84 Stat. 1247; 21 United States Code section 812), or the metabolite of these substances. Prohibited Conduct Employees testing positive for drugs and/or alcohol, attempting to alter the outcome of a mandatory test, refusing to participate in a required test, or in any way violating the Town's drug and alcohol policy may be removed from their position and be subject to discipline, up to and including dismissal. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 71 If a candidate tests positive for drugs or controlled substances, his or her offer of employment will may be rescinded. Medical Marijuana Pursuant to Arizona's Medical Marijuana Law, and except as provided herein and permitted by applicable law, the Town will not refuse to hire an applicant and will not discipline or fire an employee who is a Qualifying Patient with a Registry Identification Card solely because the individual possesses a Registry Identification Card or because that individual tests positive for a presence of marijuana in his or her system. "Qualifying Patient" means an employee or a prospective employee who has been diagnosed by a physician as having a debilitating medical condition as provided for in A.R.S. § 36- 2801, et seq. "Registry Identification Card" means a document issued by the Arizona Department of Health Services or its successor agency that identifies a person as a registered Qualifying Patient as provided for in A.R.S. § 36-2801, et seq. The Town will withdraw an offer of employment or terminate an employee based on its good faith belief that the applicant or employee was impaired by marijuana while in the work environment or during hours of employment. Employees also will be terminated if they use or possess marijuana during work hours or in the work environment. In the case of a Qualifying Patient who possesses a Registry Identification Card and is not employed in or applying for a safety -sensitive position, if initial and confirmatory drug testing reveals the presence of marijuana in an employee's or prospective employee's system and there is other evidence or indicators of impairment, and the employee or prospective employee does not provide an explanation that satisfies the Town, the Town will take disciplinary action, up to and including termination. In the case of a Qualifying Patient who possesses a Registry Identification Card and who is employed in a safety -sensitive position (or is a prospective employee who has applied for a safety -sensitive position), if initial and confirmatory drug testing reveals the presence of marijuana in an employee's or prospective employee's system and the employee or prospective employee does not provide an explanation that satisfies the Town, the Town may take disciplinary action, up to and including termination (or, in the case of a prospective employee, the Town will withdraw a conditional offer of employment). Any positive test result for which the employee cannot provide a satisfactory explanation may constitute willful misconduct. Human Resources, in consultation with the Town Attorney, will determine whether or not an explanation is satisfactory. Inspection and Searches The Town may conduct unannounced inspection for violations of this policy in the workplace, work sites, or Town premises. Employees are expected to cooperate during any inspection. Voluntary Treatment The Town supports sound treatment efforts. Whenever practical, the Town will assist employees in overcoming drug and/or alcohol problems as long as this policy has not already been violated. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 72 If an employee seeks treatment for drug and/or alcohol use, the employee may be eligible to go into a drug and/or alcohol treatment program either through The Town medical insurance program or at their own expense. If the employee enters an appropriate treatment program, The Town may place the employee on unpaid status, but the employee will be required to use any accrued vacation time and sick leave while participating in the program, so long as the employee is complying with the conditions of treatment. The Town can require a release to work and/or verification that the employee has successfully completed the entire rehabilitation, treatment, and/or counseling program treatment from the health care provider. More information regarding availability of treatment resources and possible insurance coverage for treatment services is available from the Human Resources Department. The employee may also be required to pass a retest, at the employee's expense, before returning to work upon completion of such rehabilitation, treatment, and/or counseling. The employee may also be subject to periodic retesting after returning from leave. Safe2uards/Confidentialitv All drug tests are performed by a government -certified outside laboratory. All government -certified outside laboratories strictly follow chain of custody guidelines to ensure the integrity of the testing process. If the results of the initial test are positive, that is, if the results exceed the permitted levels for any of the drugs tested or for alcohol, a second confirmatory test shall be performed. Only specimens that are confirmed positive on the second (confirmatory) test are reported as positive for review and analysis. Human Resources will contact the employee in the case of a positive test result. An applicant or employee who does not pass a drug test may request that the original sample be analyzed again at the individual's expense by a government certified laboratory. All requests for an independent analysis must be made in writing within 72 hours of notification of a confirmed positive test result. Each applicant or employee will have an opportunity to discuss the test results in a confidential setting. The Town will keep the test results confidential and will share the results only within the Town on a business need -to -know basis, in administrative law proceedings, and/or when required by law. Each applicant or employee upon their written request may be provided with a written copy of the positive test result. Upon written request within seven days of taking the test, an employee may access records relating to his drug and/or alcohol test. Disciplinary Action 1. Testing Positive Employees who test positive for drugs and/or alcohol are in violation of this policy. 2. Refusal to Comply Employees who refuse required testing are in violation of this policy. 3. Interference with Testing Employees who adulterate, tamper with, or otherwise interfere with accurate testing are in violation of this policy. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 73 4. Any employee who has been observed using or possessing illegal drugs, medical marijuana, or alcohol during work time, including lunch breaks, or on Town premises is in violation of this policy. Assistance The Town recognizes that alcohol and drug abuse and addiction are treatable illnesses. The Town also realizes that early intervention and support improves the success of rehabilitation. To support its employees, the Town drug -free workplace policy: 1. Encourages employees to seek help if they are concerned that they or their family members may have a drug and/or alcohol problem. 2. Offers all eligible employees and their family members assistance with alcohol and drug problems through the Employee Assistance Program (EAP). If you have a problem with drugs and/or alcohol and wish to undertake rehabilitation, you may request an unpaid leave of absence for this purpose, which may be covered leave under the Family and Medical Leave Act under certain circumstances. It is your responsibility to seek help before the problem adversely affects your work performance or results in a violation of this policy. If you need assistance in seeking this help, you may contact the Employee Assistance Program (EAP). There is no adverse treatment against an employee for voluntarily undertaking rehabilitation (as opposed to being impaired in the workplace or failing a drug test which do have adverse consequences). Treatment for alcoholism and/or other drug use disorders may be covered by the employee benefit plan. However, the ultimate financial responsibility for recommended treatment belongs to the employee. For an employee who is permitted to seek treatment after a failed drug test, the employee shall not be permitted to return to work until they have successfully completed the entire rehabilitation, treatment, and/or counselling program and only for so long as the employee successfully remains in any aftercare program recommended by the rehabilitation, treatment, and/or counselling program. The employee shall also be required to pass a retest, at the employee's expense, before returning to work upon completion of such rehabilitation, treatment, and/or counselling. The employee may also be subject to periodic retesting after returning from leave. Shared Responsibility A safe and productive drug -free workplace is achieved through cooperation and shared responsibility. Both employees and management have important roles to play. All employees are required to report to work unimpaired in a drug free state. In addition, employees are encouraged to: 1. Be concerned about working in a safe environment. 2. Support fellow workers in seeking help. 3. Use the Employee Assistance Program. 4. Report dangerous behavior to their supervisor. It is the supervisor's responsibility to: Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 74 1. Inform employees of the drug -free workplace policy. 2. Observe employee performance. 3. Investigate reports of dangerous practices. 4. Document negative changes and problems in performance. 5. Counsel employees as to expected performance improvement. 6. Refer employees to the Employee Assistance Program. 7. Clearly state consequences of policy violations. Communication Communicating the drug -free workplace policy to both supervisors and employees is critical to its success. To ensure all employees are aware of their role in supporting our drug -free workplace program: 1. All employees will receive a written copy of the policy. 2. The policy will be reviewed in orientation sessions with new employees. 602. Smoke -Free Workplace PURPOSE: To provide a healthy environment for employees and customers, the Town prohibits smoking and use of smokeless tobacco products in Town facilities and vehicles. SCOPE: This policy applies to all employees and visitors. POLICY: The Town of Fountain Hills strives to maintain a healthy environment for its employees and customers. No smoking or use of smokeless tobacco, or use of e-cigarettes or vaping devices is permitted anywhere inside or outside (within a 10-foot radius of any doorway, open window, or air intake) of Town facilities or vehicles. No smoking is permitted at any location that signage prohibits smoking. All employees are responsible to 1 ensure that there is no smoking in Town buildings and vehicles. 603. Firearms/Weapons PURPOSE: To establish a policy concerning weapons in the workplace. SCOPE: This policy applies to all employees and visitors. POLICY: Except as provided below, the Town of Fountain Hills prohibits anyone from possessing or carrying weapons of any kind on Town property, in Town owned or leased vehicles, or during working hours. This includes: 1. Any form of weapon or explosive 2. All firearms; and 3. All illegal knives or knives with blades that are more than six (6) inches in length. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 75 If an employee is unsure whether an item is covered by this policy, please contact Human Resources. Employees are responsible for making sure that any item they possess is not prohibited by this policy. Police officers, security guards, and other individuals who have been given consent by the organization to carry a weapon on the property will be allowed to do so. Pursuant to Arizona law, employees may have a firearm that is lawfully possessed stored in a locked personal vehicle so long as such firearm is not visible from outside of the vehicle. This policy does not apply to Town vehicles. No firearms or weapons of any kind may be transported or stored in Town vehicles. Exceptions This policy does not apply to individuals who, within the normal scope of the individual's employment, are required to use a device that is, or would be considered, a weapon and who is authorized to use such a device by the individual's Department Director. 604. Violence in the Workplace PURPOSE: The Town is committed to providing a work environment that is free from violence. Any acts or threatened acts of violence shall not be tolerated. Anyone engaging in violent behavior shall be subject to discipline, up to and including discharge, and may also be personally subject to other civil or criminal liabilities. SCOPE: This policy applies to all Town employees and visitors. POLICY: Threats, threatening and abusive behavior, or acts of violence against employees, visitors, citizens, or other individuals by anyone on Town property will not be tolerated. This is a zero -tolerance policy. Anyone engaging in violent behavior shall be subject to discipline, up to and including discharge, and may also be personally subject to other civil or criminal liabilities. The Town of Fountain Hills reserves the right to take any necessary legal action to protect its employees. Enforcement of this Policy requires the combined efforts of all employees. Employees shall report any act of violence or any threat of violence to their supervisor. All such reports shall be fully investigated. The Town's prohibition against threats and acts of violence applies to all employees, visitors, and citizens on Town property. Workplace violence is any act or threat (either verbal or implied) of physical violence, including intimidation, and/or coercion that involves or affects employees (on or off duty) or occurs on Town property. Specific examples of conduct that may be considered threats, or acts of violence include, but are not limited to, the following: 1. Hitting or shoving an individual. 2. Threatening an individual. 3. The intentional destruction or threat of destruction of Town property. 4. Threatening phone calls. 5. Surveillance or stalking. 6. The suggestion or intimation that violence in the workplace is appropriate. 7. Threats of, or use of firearms or weapons. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 76 Department Directors Supervisors will provide a working environment as safe as possible by having preventative measures in place and by dealing immediately with disruptive, threatening or potentially violent situations. No employee will engage in threatening, violent, intimidating or other abusive conduct or behaviors. In addition, employees are expected to refrain from verbal references of violence, or other conduct that may be dangerous to others. Employees shall notify their supervisor whenever they witness, experience or become aware of an act or threat of workplace violence. All suspicious individuals or activities shall be reported as soon as possible to the employee's supervisor. When reporting a threat of violence, you should be as specific and detailed as possible. Employees who feel that they or their co-workers are in immediate or imminent danger should dial 911 to attain assistance from law enforcement. Even without a specific threat, all employees should report any behavior they have witnessed that they regard potentially threatening or violent or which could endanger the health or safety of an employee when the behavior has been carried out on a Town -controlled site or is connected to Town employment or Town business. Employees are responsible for making this report regardless of the relationship between the individual who initiated the threatening behavior and the person or persons being threatened. The organization understands the sensitivity of the information requested and has developed confidentiality procedures that recognize and respect the privacy of the reporting employee. Supervisors shall take workplace violence concerns seriously. Any person who makes threats, exhibits threatening behavior, or engages in violent acts on Town premises shall be removed from the premises as quickly as safety permits and shall remain off Town premises pending the outcome of an investigation initiated by the Town Manager or designee. Supervisors shall receive, evaluate, interview and respond to reports of workplace violence with the assistance of appropriate parties, including the Department Director and Human Resources. To maintain workplace safety, the Town Manager may place an employee on administrative leave pending an investigation. Employees are expected to cooperate with the investigation of any incidents. Employees who fail to cooperate with an investigation or who give false information shall be subject to disciplinary action, up to and including discharge. The Town of Fountain Hills will initiate an immediate and appropriate response. This response may include, but is not limited to, suspension and/or termination of any business relationship, reassignment of job duties, suspension or termination of employment, and/or criminal prosecution of the person or persons involved. Privacy rights will be observed in the investigation as much as possible. Only those individuals with a clear need to know of the potential risk will be notified in cases where a person is, or is perceived to be, a threat to others. Anonymity of employees reporting violence, threats of violence, intimidation or other abusive conduct will be maintained during the investigation to the greatest extent possible by those investigating and resolving the complaint. However, there is no right to or guarantee of anonymity since it is often necessary to make the employee or member of the public against whom the allegation has been made aware of the complaint in order to ascertain the facts. Retaliation and/or reprisal against an employee who genuinely reports threats of workplace violence in good faith are in violation of this Policy. Anyone who engages in or assists in such retaliatory actions shall be subject to disciplinary action up to and including discharge. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 77 Employees found to be in violation of this Policy shall be subject to disciplinary action, up to and including discharge, as well as arrest and prosecution. Restraining Orders Employees who are seeking or have obtained restraining orders or injunctions against other individuals should notify their supervisor so that appropriate measures can be taken. When an injunction or restraining order lists Town facilities as being protected areas, employees must provide their supervisor with a copy of any injunction or restraining order which is granted, and a copy of any injunction or restraining order which is made permanent. 605. Identification Badges and Building Access PURPOSE: To protect the safety and maintain the security of all employees and Town assets. SCOPE: This policy applies to all civilian Town employees. POLICY: Every employee is required to wear a picture identification badge at all times while on Town premises. Failure to do so will subject the employee to corrective action. Human Resources will arrange for all new employees to receive an ID badge during orientation on their first day of employment. Loss or damage of the ID badge should be reported to Information Technology immediately in order for the badge to be deactivated in the system. The badge is the property of the Town of Fountain Hills and must be returned upon termination of employment. Because employee ID badges are also the means by which employees enter and leave the premises, employees must not loan their badges to anyone, including other employees, nor should employees allow anyone to enter the premises that the employee does not know to be an employee of the Town of Fountain Hills without first signing the Visitor Log and obtaining a Visitors Pass. Failure to observe these safety regulations could endanger the safety and security of all other employees and could subject the employee to corrective action up to and including termination. 606. Family or Guests in Non -Public Areas PURPOSE: To protect the safety and maintain the security of all employees and Town assets. SCOPE: This policy applies to all Town employees. POLICY: Employees will make every effort to limit personal visitation by family or friends while on duty. Family and guests of staff will avoid interrupting other staff from their work activities and will enter another staff person's work area only if specifically invited. Under no circumstances will family members or other guests be in non-public areas when the staff member is not present. Interruption or disturbance caused by family members or guests may be the basis for disciplinary action against the employee, including dismissal. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 78 607. Safety Equipment/Uniforms PURPOSE: To ensure that employees wear safety equipment that shall provide the necessary support and protection required for the job they are assigned. SCOPE: This policy applies to all Town employees. POLICY: The Town will provide, at no cost to employees, a sufficient amount of uniform clothing and safety apparel for all employees who are required to wear uniform clothing and safety apparel as part of their Town duties and responsibilities. All employees who are required to wear uniform clothing as part of their duties and responsibilities will adhere to the following: 1. Town employees are required to wear issued safety and identifying clothing as set forth in individual Departmental polices. 2. A Town uniform, or any part of a Town uniform, is not to be worn for personal/private use. 3. All uniforms and safety apparel will be clean and neat in appearance at the start of each work shift. 4. All employees are prohibited from wearing a Town uniform or any part of the uniform after established work hours and may not enter into any adult entertainment establishment or business that would bring possible discredit to the Town or the employee while in an authorized Town uniform. 5. All employees are prohibited from possessing or consuming alcoholic beverages at any time while wearing a Town uniform or any portion of a Town uniform. 6. Employees are responsible for the proper maintenance, laundering and care of these items. This includes laundering the uniform regularly. 7. If the uniform needs to be replaced due to normal wear and tear, the Town will replace it at no expense to the employee. 8. If anything outside of normal wear and tear results in the need for a replacement, the replacement may be at the employee's expense depending on the frequency and severity of each occurrence. Additionally, excessive damage to or loss of company uniforms may result in disciplinary action. Payroll deductions may be arranged to cover replacement cost. 9. During the course of employment, all uniforms will remain the property of the Town. 10. Upon termination of employment, or upon management request, uniforms are expected to be returned in a reasonable state and in their entirety. Fire Department. Additional Uniform and Safety Equipment provisions for active fire suppression positions will be found in the Department's Standard Operating Guidelines. 608. Workplace Safety PURPOSE: To provide safe working conditions. SCOPE: This policy applies to all Town employees. POLICY: The Town prioritizes the well-being and safety of its employees and strives to ensure optimal working conditions for them. Employees must make a conscientious effort to be aware of security, safety, and health procedures as well as potential hazards to staff and customers. The goal is Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 79 to avoid accidents and not to create them. To accomplish this objective, all employees are expected to work diligently to maintain safe and healthy working conditions and to adhere to proper operating practices and procedures designed to prevent injuries and illnesses. The Town provides information to employees about workplace safety and health issues through regular internal communication channels such as supervisor -employee meetings, bulletin board postings, policies and procedures. Each employee is expected to understand and obey safety rules, and to exercise caution in all work activities. Employees must conduct themselves in a safe manner at all times, adhere strictly to all safety requirements, and immediately report any accidents, hazards or potentially unsafe conditions. If the unsafe condition can be corrected immediately to avoid any additional hazard, then the employee should implement the corrective action. Employees must immediately report any unsafe condition to the appropriate supervisor. Employees who violate safety standards, who cause hazardous or dangerous situations, or who fail to report or, where appropriate, remedy such situations, may be subject to disciplinary action, up to and including termination of employment. The responsibilities of all employees in this regard include, but are not limited to: 1. Exercise maximum care and good judgment at all times to prevent accidents and injuries; 2. Report injuries to supervisors and seek first aid; 3. Report unsafe conditions, equipment, or practices to supervisory personnel; 4. Use safety equipment provided by the Town when applicable; 5. Conscientiously observe safety rules and regulations at all times; 6. Notify supervisory staff, before the beginning of the workday, of any medication they are taking that may cause drowsiness or other side effects that could lead to injury; 7. Know the locations of fire and safety exits; 8. Never attempt to catch falling objects; 9. Non -slip shoes must be worn when applicable; 10. Make certain emergency equipment, such as fire extinguishers, alarms, and exit doors, is accessible at all times; 11. Maintain all equipment in good repair. 12. Know and be familiar with all Health and Safety Plans including, but not limited to, Bloodborne Pathogen Exposure Control Plan, TB Control, Respiratory Protection Plan for TB, Hazard Communication, Workplace Violence Prevention, and Emergency Plan and Fire Safety. Department Directors are to provide safe working conditions. It is the duty of Management to establish safety regulations and to instruct employees in accident prevention. Suggestions regarding safety will be welcomed by all employees who are expected to immediately report unsafe conditions to their immediate supervisor. 609. Reporting Accidents & Incidents PURPOSE: To establish procedures to be followed when an accident or incident occurs. SCOPE: This policy applies to all Town employees. POLICY: All accidents and incidents are to be reported immediately to the supervisor. This is to ensure correct treatment and the proper handling of the situation. Employees will be required to report Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 80 accidents/incidents occurring on or with Town property or during the course of work. Employees involved in an accident may be required to submit to a test for drugs or alcohol, including possible urine or blood screening. Such tests would be conducted in accordance with the Town's regulations as outlined in Town Policy. Any eyewitness to an accident should document what happened, how it happened, and any other information that would be helpful in the treatment of the injured individual. Refer to your supervisor to report work related accidents or injuries. Questions regarding accident reporting should be directed to the supervisor or Human Resources. 610. Workers Compensation PURPOSE: To establish procedures to be followed for job -related injury or illness. SCOPE: This policy applies to all Town employees. POLICY: Under Arizona law, it is mandatory for employers to secure workers' compensation insurance for their employees. Workers' compensation is a "no fault" system in which an injured or ill employee may be entitled to receive benefits for a job -related injury or illness, no matter who caused the injury or illness. If an illness or injury is job -related, then the injured employee is eligible to receive medical benefits and may receive temporary compensation and/or other workers' compensation benefits, if eligibility requirements are met. The provisions of this policy are not intended to conflict with or supersede state law, nor should they be interpreted or construed to do so. If any provision of this policy conflicts with state law, state law shall control. Reporting Requirements Employees shall immediately report any job -related accident, illness, or injury, to their immediate supervisor. If the employee's immediate supervisor is not available, or if the employee's immediate supervisor is the employee's Department Director, the employee shall report the accident, injury or illness to the employee's Department Director. 1. Work -related injury or illness shall be reported in writing within 24 hours to the employee's supervisor. 2. The employee's supervisor or Department Director shall ensure that the accident, injury, or illness is reported to the Human Resources Department no later than the next business day. 3. Employees shall follow the reporting procedures established by the Human Resources Department, to include completing and submitting any required forms. The employee is responsible to provide physicians' statements, including releases to return to work and modifications required, to Human Resources. An employee who fails to return to work after being released by an approved physician will be considered to have resigned and will be terminated. A Return -to -Work Form indicating required accommodations and/or temporary work restrictions should also be obtained and returned to Human Resources prior to returning to work. 4. A physician approved by Human Resources, or designee must treat the injured employee on a first visit. Medical attention should be sought from a medical facility providing occupational health services for the Town and the employee, or another person on behalf of the employee, Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 81 should inform the medical facility that the employee is employed by the Town. Use of Leave 1. On the day of the accident, injury or illness, the employee will not be required to use General Leave for an absence that is a direct result of the accident, injury or illness. Time spent during the workday addressing the accident, injury or illness, such as seeking medical attention, shall be treated as time worked. The employee will not be paid wages for any time spent addressing the accident, injury or illness outside the employee's scheduled workday. 2. Beginning with the first workday following the day of the accident, injury or onset of illness, an employee who is receiving workers' compensation benefits may use sick leave to make up the difference between the workers' compensation payments and current hourly rate of pay. If the employee has exhausted sick leave, then they may use vacation time to make up the difference between the workers' compensation payments and current hourly rate of pay. Employees shall not be permitted to utilize sick or vacation time in such a way that would compensate the employee with an amount greater than their current hourly rate of pay. If an employee uses sick or vacation time to make up the difference between compensation received through workers' compensation and the employee's current hourly rate, it shall be the responsibility of the supervisor to record the appropriate time on the biweekly time sheet. 3. If the employee used leave balances for time lost and the workers' compensation carrier then provides retroactive compensation benefits for lost wages, the Town shall reimburse the employee's leave balances in the appropriate amount and type of leave for the time lost that is retroactively paid through compensation benefits. The Town will correct the overpayment to the employee in the next regular pay cycle or cycles by reducing the employee's hours paid by the Town. The employee's pay shall not exceed the employee's normal weekly earnings through any combination of workers' compensation benefits, paid leave and other payments received by the employee. If the combination of payments results in the employee being paid more than the employee's normal weekly earnings, the Town shall require the employee to reimburse the Town for the overpayment. When an employee with a job -related injury or illness returns to work, the employee must use approved leave for absences due to medical appointments, including physical therapy, for the job - related injury or illness. Any request to use paid leave balances will be considered in accordance with the leave policies set forth in this chapter. Benefits An employee who uses paid leave balances to supplement compensation benefits for lost wages due to a job -related injury or illness shall continue to pay his or her share of any group health plan and other insurance premiums through payroll deductions. An employee who does not use paid leave balances to supplement compensation benefits for lost wages due to a job -related injury or illness shall make arrangements with the Human Resources Department to make payments for his or her share of any group health plan and other insurance premiums. If payment is more than 30 days overdue, the Town shall provide written notice to the employee that payment has not been received and that coverage will be dropped. The notice shall be mailed to the employee at least 15 days before coverage is to be dropped. If the Town pays any of the employee's share of group health plan or other premiums in order to maintain coverage, the Town may require the employee to reimburse the Town. If coverage is dropped, it shall be dropped Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 82 retroactively to the date the unpaid premium payment was due and the provisions of the federal COBRA law shall apply. Coordination with Family Medical Leave Act A job -related injury or illness may also be considered a "serious health condition" under the Family and Medical Leave Act (FMLA). In such cases, the Town will designate the employee's absence as FMLA-qualifying, will give notice of the designation to the employee and the FMLA provisions described in these Human Resources Policies will apply. Return to Work No employee who seeks medical attention for a work -related injury will be allowed to return to duty without clearance from the health care provider. Worker's Compensation Determination Medical expenses and wage loss are covered by provisions of the State Worker's Compensation Act. The Town's worker's compensation insurance carrier (insurance carrier) makes all determination for worker's compensation claims. 611. Temporary Modified Duty PURPOSE: To offer a program which provides safe work, when possible, for employees who have been temporarily restricted by a health care provider. SCOPE: This policy applies to all Town employees. POLICY: Alternative work or light duty assignments are intended for employees with medically documented, temporary mental or physical illnesses or injuries sustained on or off the job who have work restrictions and who are expected to eventually return to unrestricted work. This program promotes the safe return of injured employees back into the work environment and enhances the mental and physical healing of the employee, thereby shortening the period of time an injured employee is off the job. A Temporary Modified Duty (TMD) program that modifies an employee's job duties within work recommendations of the treating health care provider(s) may be administered by, and at the discretion of the Town Manager for pregnancy or any work injury/illness that affects the employee's ability to perform some or all of their normal work duties. Modified job assignments are temporary, and the TMD program does not create positions to permanently accommodate a person with qualified disabilities. Such work will be provided subject to availability. Work will be assigned due to the nature of the injury or illness and the limitations set forth by the treating physician. Every effort will be made to place employees in positions within their own departments, but, if necessary, employees will be placed wherever an appropriate position is available. The goal and expectation of the TMD program is that the employee shall progressively return to full work capacity. The employee should be able to perform their prior job at 100% without limitations. The primary objectives of the TMD program are as follows: Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 83 1. Safely return employees to work as soon as possible. 2. Avoid deterioration in work skills due to prolonged absences from work. 3. Reduce the number of lost time incidents and total number of lost workdays. 4. Reduce disability and medical treatment costs. 5. Maintain productivity without hiring temporary employees. 6. Rapid and efficient return of employees to their original jobs. 7. Maintain a high level of communication with employees. Modified or light duty work, including transfer to another division, may be provided when: 1. The work is productive. 2. The work is within the employee's medical restrictions as provided by a physician. 3. The work is within the employee's skill level. 4. There is adequate capacity within the department or division to organize and supervise the work being performed. There is no guarantee that modified or light duty assignments are available. Temporary modified or light duty work shall be specific to the injured employee's limitations, and the availability of work so as not to cause upheaval or restrict day-to-day operations. While on temporary modified duty, employees will continue to receive their regular rate of pay. Employees who are placed outside their department will continue to have their salary charged to their regular department. Employees on TMD must furnish a written update of their medical condition to their supervisor and Human Resources from the treating physician after each visit in order to remain in the reassigned job. Temporary modified duty assignments are limited to a period of 90 days, subject to review. It is not intended to accommodate employees with non -temporary disabilities. An employee in an alternative work assignment is subject to all rules, regulations, standards, policies and procedures of the Town and of the department to which the employee is assigned. The Town specifically reserves all rights to administer this policy. This policy does not have permanent modified or light duty positions, nor shall it create positions to permanently accommodate a person with a disability. If an employee reports to modified or light duty work, the employee has an obligation to work within the restrictions provided by the physician. If a supervisor or designee unknowingly asks the employee to do a task outside of the restrictions, the employee is responsible for informing the supervisor of the restrictions and shall decline the task. Employees who do not improve while participating in the TMD program may be removed from the program. Employees who have reached "end of healing" as established by a physician shall be removed from the TMD program. Interaction with Other Laws and Policies 1. An employee on FMLA leave is not required to accept an available alternative work assignment. The employee may continue on FMLA leave either until the employee is able to return to his/her job or an equivalent job, or until the 12-week FMLA leave entitlement is exhausted. 2. An employee receiving workers' compensation benefits may forfeit the right to those benefits by refusing to accept an alternative work assignment, as determined by the Town's workers' compensation carrier. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 84 3. The Town will comply with the Americans with Disabilities Act (ADA) and applicable state law governing employees with disabilities. No Right to Alternative Work Assignment If granted, alternative work assignments are a privilege and shall not be considered a right or entitlement. An employee in an alternative work assignment has no rights to that assignment or any tasks associated with that assignment no matter the duration of the alternative work assignment. Compensation 1. Employees serving in alternative work assignments shall receive a formal performance appraisal in accordance with the Town's normal performance management process. The appraisal shall address the employee's job duties and performance for the relevant time period, including the employee's job duties and performance in the alternative work assignment. 2. Employees serving in an alternative work assignment within the same classification as their regular position are eligible for across the board pay increases based on availability of funding. 3. Employees serving an alternative work assignment outside the classification of their regular position will be eligible for across the board pay based on availability of funding. 612. Fitness for Duty PURPOSE: To provide a consistent means of evaluating employees in determining that the physical and mental health of an individual allows them to complete assigned duties in a safe and reliable manner. SCOPE: This policy applies to all employees. POLICY: For employees, fitness for duty (FFD) means being able to perform the essential duties of their job in a safe, appropriate, and effective manner. It is the Town's policy to provide a consistent means of evaluating employees in determining that the physical and mental health of an individual allows them to complete assigned duties in a safe and reliable manner. Primary responsibility for FFD rests with the employee. Being fit for duty means reporting to work mentally and physically fit to work safely, responsibly, productively, and reliably. Supervisors shall ensure that employees under their supervision are aware of and held responsible for FFD. If an employee fails to take personal responsibility for FFD, the supervisor shall contact Human Resources to discuss an FFD evaluation. A management request for FFD evaluation may be appropriate when: 1. The employee identifies a medical condition as a cause of a performance problem. 2. Unsafe behavior is observed that is not typical of the employee. 3. There is a documented concern about whether the employee can work in a safe and reliable manner. 4. There is reasonable suspicion of substance abuse. 5. There is a management concern about excessive use of absences that are medical in nature. 6. The employee experienced or witnessed a traumatic event in the course of employment. A FFD exam may also be required for an employee who is returning from a medical leave of absence or work -related injury prior to their return to work. The FFD process is not a substitute for using Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 85 performance guidance and counseling or the disciplinary process. Supervisors should address performance problems through the performance review process or by implementing corrective or disciplinary action despite the existence or possibility of medical issues but should first consult with Human Resources. Supervisors should consult with Human Resources if a supervisor determines that an FFD evaluation may be necessary. 613. Reasonable Accommodations PURPOSE: To define the Town's position on reasonable accommodations for qualified individuals with disabilities and for employees whose work requirements interfere with a religious belief. SCOPE: This policy covers all Town employees. POLICY: It is the policy of the Town to comply with all federal and state laws concerning the employment of persons with disabilities and to act in accordance with regulations and guidance issued by the Equal Employment Opportunity Commission (EEOC) and the Americans with Disabilities Act, as amended (ADAAA). Furthermore, it is the Town's policy not to discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training or other terms, conditions, and privileges of employment. The Town will make reasonable accommodations for the known physical or mental disabilities of qualified applicants or employees unless doing so would result in an undue hardship to the Town or cause a direct threat to health or safety. The Town will also provide reasonable accommodations for employees whose work requirements interfere with a religious belief, unless doing so poses an undue hardship on the Town or causes a direct threat to health or safety. This Policy is neither exhaustive nor exclusive. Procedures Qualified individuals with disabilities who are otherwise able to perform the essential functions of their job may make requests for reasonable accommodation through a `Request for Accommodation Form' to Human Resources. On receipt of an accommodation request, Human Resources will meet with the requesting individual to discuss and identify the precise limitations resulting from the disability and the potential accommodation(s) the Town might make to help overcome those limitations. The applicant or employee may be required to provide medical documentation of their disability and of the effectiveness of the accommodation sought. The Town may also require a medical examination to assist in assessing the existence of a disability and the effectiveness of accommodations. Reasonable accommodations may include any action which enables a qualified individual with a disability to perform the essential functions of their position, but which does not result in an undue hardship to the Town or pose a threat to the health and safety of the employee or coworkers. Any employee or applicant who fails to provide requested information or otherwise fails to engage in the interactive process of assessing the existence of a disability and the necessity, availability, and effectiveness of an accommodation will be deemed to have withdrawn any request for accommodation. Any employee who is not satisfied with the response to an accommodation request should inform Human Resources. All employees are required to comply with Town safety standards. Current employees who pose a direct threat to the health or safety of themselves or other individuals in the workplace shall be placed Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 86 on leave until an organizational decision has been made in regard to the employee's immediate employment situation. Individuals who are currently using illegal drugs are excluded from coverage under this Policy. The ADA Coordinator and appropriate management representatives identified as having a need to know, including legal consultation, is responsible for implementing this policy, including the resolution of reasonable accommodation, safety/direct threat and undue hardship issues. Implementation The Human Resources Administrator is the ADA Coordinator and is responsible for implementing this policy. Specific responsibilities may be delegated to other management, administration, or supervisors. Medical Records The Town will maintain any employee health information in a confidential file separate from the personnel file. The health file will be accessible only on a need -to -know basis. Supervisory employees and employees with any first aid or safety duties may be informed of any medical conditions that may require emergency treatment, and all such information shall be kept confidential by those informed. Medical Exams Post -offer, fitness for duty, and other medical exams that serve a legitimate business interest may be required. In evaluating whether an employee or applicant is able to perform the essential functions of the job, an individualized analysis will be conducted based upon information reasonably available, including information from the employee or applicant, health care providers (if any were consulted), the employee's or applicant's personal physician or health care provider, if the employee or applicant provides such information to the Town, and any other pertinent information. Similarly, an individualized analysis will be conducted based on the same types of information to determine whether an employee or applicant would pose a direct threat in the job. 614. Medical Examinations PURPOSE: To ensure applicant capability to perform essential functions of the job, some applicants are required to undergo a post -offer, pre -employment medical examination, physical test, and alcohol and drug screening. SCOPE: The Town of Fountain Hills applicants and current employees. POLICY: Any offer of employment from the Town is contingent upon, among other things, an applicant's satisfactory completion of this examination and screening and a determination by the Town and its examining physician that the applicant is capable of performing the essential functions of the position that has been offered, with or without a reasonable accommodation. As a condition of continued employment, employees in certain positions are also required to undergo periodic medical examinations, physical tests, and alcohol and drug screening at times specified by the Town. The Town receives only pass/fail information regarding the applicant's or employee's state of health. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 87 The Town of Fountain Hills pays for all business required medical examinations in full. Questions about medical examinations should be directed to Human Resources. 615. Immunizations PURPOSE: To protect the health and wellness of all Fountain Hills employees. SCOPE: All Fountain Hills employees who may come in contact with bodily fluids and/or contaminated materials. POLICY: The Town of Fountain Hills is committed to keeping its emergency response personnel healthy and safe. First Responders may come into contact with bodily fluids and/or be exposed to contaminated materials that could lead to transmission of vaccine preventable diseases. As a result, a Tetanus booster, tuberculosis screening, and Hepatitis B vaccination is recommended; in addition, talking with your personal health care provider to discuss other vaccines you may need is highly recommended. 616. Service Animals in the Workplace PURPOSE: To maintain a safe environment for all employees and visitors while providing accommodation to individuals in need of service animals. SCOPE: All Fountain Hill employees and visitors. POLICY: Service Animals for Employees A service animal may accompany an employee with a disability at work if it is deemed to be an acceptable and reasonable accommodation under the ADAAA, after consultation and approval of Human Resources. An emotional support animal and comfort animal that is not trained to work or perform a task in support of a disability does not qualify as a service animal under this policy and is therefore prohibited. If the service animal is approved by Human Resources or designee, the employee will be permitted to bring a service animal to the workplace, provided that the animal's presence does not create any health concerns and is not a danger to others. The care of the service animal is solely the responsibility of the employee. Employees are responsible for the following: 1. Keeping service animals under control at all times. 2. Any clean-up or damage to Town property by their service animal. 3. Providing documentation proving the animal is up to date on vaccinations. 4. Having comprehensive liability insurance covering potential injuries. 5. Having a way to transport the animal in the event it creates a health concern or is a danger to others at work. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 88 Pets and other animals are prohibited from entering the workplace, except for approved service animals. 617. Surveillance System PURPOSE: To maintain a safe and secure environment through the use of surveillance technology, with respect to privacy, and ensuring the protection of employees, visitors, residents and assets. SCOPE: All Town employees and visitors. POLICY: The Town of Fountain Hills operates a system of surveillance cameras for the purpose of creating a safer environment for all those who live, work, and visit the Town. Cameras may be placed in strategic locations throughout Town owned facilities and property. These cameras may be used for detecting and deterring crime, to safeguard against potential threats, to manage emergency response situations, and to monitor the use of publicly owned buildings and facilities. Only authorized employees are allowed to access recorded images. When activity warranting further investigation or review is reported or warranted at any camera location, the authorized employee may selectively view the appropriate camera and relay any available information to law enforcement or other employees as necessary to appropriately respond to the situation. Recorded images may be used for a variety of purposes, including but not limited to: 1. Assist in criminal investigations. 2. Monitor activity around high -value or high -threat areas. 3. Assist in identifying, apprehending, and prosecuting offenders. 4. Assist in gathering evidence for criminal and civil court actions. 5. Assist emergency services personnel. 6. Assist in providing effective public services. 7. Review suspicious behavior. Surveillance monitoring shall be conducted in a professional, ethical, and legal manner at all times. The surveillance system shall not be used to invade the privacy of individuals or look into private areas or areas where the reasonable expectation of privacy exists. Efforts shall be taken to protect these rights. Surveillance monitoring shall not be used to harass, intimidate, or discriminate against any individual or group. Human Resources shall approve all authorized users before access to the system is granted. The Human Resources Department shall maintain a list of all employees authorized to access the camera system and shall provide that information to the IT Department. The IT Department shall maintain a record of the location of all active cameras in the system and all recorded images. All recorded images shall be retained per the records retention requirements. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 89 618. Use of Town Property PURPOSE: To establish guidelines for the appropriate use of Town property, materials, equipment and vehicles. Each Town Department shall adopt this regulation and may adopt more stringent guidelines with written permission of the Town Manager. See specific Departmental regulations for more detail related to that department. SCOPE: This policy applies to all Town Employees and all Town Departments. POLICY: Properly functioning equipment and vehicles are essential to accomplishing job duties. When using Town property, employees are expected to exercise care, perform required maintenance, and follow all operating instructions, safety standards, and guidelines. Employees are to notify the supervisor if any equipment, machines, tools, or vehicles appear to be damaged, defective, or in need of repair. Prompt reporting of damage, defects, and the need for repairs could prevent deterioration of equipment and possible injury to employees or others. The supervisor can answer any questions about an employee's responsibility for maintenance and care of equipment or vehicles used on the job. Licensing All personnel driving Town vehicles shall have a valid State of Arizona Driver's License with the appropriate license classification for the type of vehicle they are operating, acquire a complete knowledge and understanding of vehicular operations, and obtain all necessary approvals from Risk Management required to operate the vehicle. If a Town employee loses their driver's license for any reason, that employee shall notify their supervisor no later than the beginning of the next working shift. The responsibility for ensuring complete compliance with the provisions of this regulation rests with the Department Head, supervisors at all levels, and the individual employees involved. Failure to notify your supervisor of loss of license could result in disciplinary action up to and including termination. Use of Town Vehicles Only authorized Town employees are allowed to operate Town vehicles. Independent contractors and volunteers are specifically prohibited from operating Town vehicles. Use of Town vehicles shall be restricted to official business, subject to the following guidelines: 1. Transporting of passengers shall be limited to Town employees, persons in an advisory capacity to the Town, persons participating in approved Town programs, and other agency representatives on Town business. 2. Employees assigned a Town vehicle for use during their normal workday schedule may use the vehicle during normal work hours to either go home or to a restaurant for lunch if their personal vehicle is not readily available. Employees assigned a vehicle for use during their normal workday schedule are to exercise discretion in its use. Town vehicles may not be used for personal business. 3. Alcoholic beverages shall not be consumed or transported in Town vehicles, nor shall Town employees have consumed any alcohol or any substance (as defined by Town Policy) before or while operating the vehicle. Under no circumstances shall any Town employee who Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 90 registers a positive blood alcohol level be permitted to operate any Town vehicle or heavy equipment. 4. It is inappropriate for a Town vehicle to be parked in front of certain types of businesses, such as a liquor store or bar unless the vehicle is being used to conduct official Town business, such as an inspection. Department Heads may assign Town vehicles for overnight use under the following circumstances: 1. To employees who are frequently required to use a Town vehicle at night, during the weekend, or if they have substantial emergency responsibilities. This does not include employees whose homes are outside Fountain Hills unless the Town's emergency response or other important Town business would be greatly facilitated. 2. In situations where the conduct of Town business can be facilitated by overnight use of a Town vehicle by an employee who normally does not keep a Town vehicle overnight. 3. To any number of employees rotating a specific assignment and vehicle at night or on weekends. 4. All employees making overnight trips with a Town vehicle must have prior approval of their Department Head as denoted on a Travel Authorization form. Town vehicles shall be operated in a responsible, safe manner, as outlined below: 1. Seat belts shall be worn by all employees and passengers using a Town vehicle and the vehicle shall not be operated until all vehicle occupants have buckled their seat belt. 2. Town vehicles shall be driven in compliance with motor vehicle laws. 3. No employee under the age of eighteen (18) shall be allowed to operate a Town vehicle. 4. Smoking/smokeless tobacco/e-cigarettes is not allowed in any Town vehicles. 5. Pets or animals of any kind are not allowed in Town fleet vehicles. 6. Employees operating a Town vehicle shall exhibit appropriate and courteous driving habits to members of the public at all times. 7. Employees are personally responsible for the prompt and proper reporting to their supervisor, and payment of fines for any citations received while using a Town vehicle. Under no circumstances are these citations to be paid for by the use of Town funds. All moving traffic citations shall be reported within three (3) working days to the appropriate Department Head. 8. All employees who operate a Town vehicle shall become familiar with policies and procedures relating to the reporting of accidents. Employees involved in an accident may be required to submit to a test for drugs or alcohol, including possible urine or blood screening. Such tests would be conducted in accordance with Town regulations as outlined Town Policy. 9. Employees operating Town vehicles are responsible for keeping them clean and litter free. Employees assigned to a specific Town vehicle on a regular basis are also responsible for ensuring the vehicle is in good working order at all times. Any known defects or malfunctions of a Town vehicle are to be reported promptly to the Fleet Mechanic. 10. Routine maintenance and repair of Town vehicles will be supervised through the Public Works department. 11. Fuel cards shall remain in Town vehicles at all times. 12. Operators shall manage their driving environment to minimize distractions that could have an impact on their ability to safely operate the vehicle (i.e., consuming food or beverages). Use of cell phones or texting while operating a Town vehicle is strictly prohibited. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 91 Use of Other Town Tools/Equipment Personal use of town owned tools and other work equipment is prohibited. Personal tools and other work equipment should not be utilized on the job and the Town will not take liability for lost or stolen personal tools and equipment used on the job. The improper, careless, negligent, destructive, or unsafe use or operation of equipment or vehicles, as well as excessive or avoidable traffic and parking violations, can result in disciplinary action, up to and including termination of employment. 619. Use of Town Premises and Office Materials PURPOSE: To establish guidelines for use of Town facilities and property. SCOPE: This policy applies to all Town Employees and all Town Departments. POLICY: Meetings held on the Town of Fountain Hills' premises must be for the purpose of conducting Town business. Meetings for other purposes are strictly forbidden. The use of business stationery and/or the Town's postage meter for personal correspondence is strictly prohibited. The personal use of its facsimile or copying machines is also forbidden without first receiving management approval and reimbursing the Town of Fountain Hills at the current prevailing rates. Sending or receiving personal mail at the Town of Fountain Hills' address is prohibited. No product or materials, including those put in any trash container, is to be removed from the buildings except by authorized personnel. Anyone who removes products or materials without proper authority will be subject to discipline up to termination. Town Property It is the Town's intent to provide its employees, during the course of their employment, with access to the use of various properties for the employee's purpose of conducting business for the Town. Employees should have no reasonable expectation of privacy in the use of the Town's and the public's property. The Town may access its property with or without the prior consent or knowledge of the employee to the extent permitted by law. Town property is to be used judiciously by employees at all times and only in the manner for which the Town and public intend the property to be used. Employee Responsibility. Employees are encouraged to exercise care and attention in safeguarding personal property brought to the workplace. The Town does not assume liability for the loss, theft or damage of personal property brought to the workplace. Right to Access The Town reserves the right to access, replace or utilize any of its property (including office, desk, files, locker, or any other area or article on town premises issued for the use of employees during their employment with the Town) without prior permission of the employee to whom it was provided to the extent permitted by law. Circumstances warranting a need to access property include, but are not limited to, the following: Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 92 1. The Town has a need to search for business items or information that is needed in a timely manner. 2. The Town is complying with applicable laws regarding review and disclosure of records and information. 3. The Town has reasonable suspicion to believe that the employee is engaging in illegal or improper activities, in conjunction with committing a violation of policy, rules or general expectations of conduct, or in a way that may jeopardize the health and wellbeing of others. 4. For any other lawful reason. 5. Under these circumstances, employees may be required, upon the request of the Town, to submit to a search of any personal property brought onto the Town's premises to the extent permitted by law. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 93 EMPLOYEE CONDUCT 700. Dress Code and Personal Appearance PURPOSE: To provide guidelines for the appearance of Town employees when performing duties and conducting business for the Town. SCOPE: All Town employees. POLICY: All Town employees are expected to present a positive, professional, and appropriate image consistent with the duties and assignments of each employee. This policy represents the minimum standards which will be applied to all departments. Departments may have more restrictive standards if such standards are approved in writing by the Town Manager. Employees are expected to maintain an appearance that is appropriate to the work situation. Department Heads and supervisors are responsible for determining and enforcing this policy. The professional image of the Town is maintained, in part, by certain expected norms of professional appearance, of personal neatness, cleanliness, and grooming which are applicable to all employees. All employees are expected to use good judgement and maintain appropriate standards of dress, grooming and hygiene. Employees are to wear appropriate attire for their workday and anticipated interactions with the public. Extravagance and extremes of style and attire are not in good taste in a public service environment. The Town reserves the right to advise any employee at any time that their grooming, attire, or appearance is unacceptable. If a supervisor feels that an employee's apparel or grooming does not meet the Town's expectations, the matter will be discussed with the employee. The employee may be asked to leave the workplace until the issue has been resolved. Under such circumstances, employees will not be compensated for the time away from work. If an employee has a health or safety reason that will not allow them to meet these expectations, they are expected to discuss this with their supervisor. Human Resources has final authority in determining any dress or appearance issue not defined in this Policy. If a pattern of non- compliance develops, progressive discipline will be administered as appropriate, up to and including termination. Personal Appearance Guidelines 1. Be groomed in such a way that their dress, hairstyle, piercing, or tattoos do not disrupt the operations or cause a health or safety hazard. 2. Hair and facial hair must be clean, well -trimmed, and neat. a. Hairstyles are expected to be in good taste and present a professional appearance. b. For respirator fit -test requirements for personnel governed by respiratory protection guidelines, facial hair must not interfere with the sealing surface of the facepiece, nor interfere with valve function. 3. Jewelry may not be functionally restrictive, dangerous to job performance, or excessive. a. Facial jewelry of any type does not present an appropriate professional appearance and is not permitted. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 94 b. Field personnel are discouraged from wearing large rings while on duty. Rings have the potential to cut through gloves, creating an environment of possible exposures. c. Torso body piercings with visible jewelry or jewelry that can be seen through or under clothing is not permitted. 4. Visibly offensive tattoos and similar body art must be covered while on duty or anytime in uniform. 5. Employees should not wear fragrant lotion, cologne, perfume, or related products while on duty. One employee's taste may not be that of another, and others in the work environment may be allergic or made uncomfortable by these products. Dress Code Guidelines Moderation and good taste in dress is expected of employees. Office personnel adhere to a business or business casual dress code. 1. All clothing which is worn on duty shall be neat, clean, properly pressed and well maintained. 2. Shoes must provide safe, secure footing, and offer protection against hazards relative to your position. 3. Shoes and/or boots must be clean. 4. Clothing supporting any political candidate, or displaying inappropriate words or images is not allowed. 5. Tight or revealing apparel without appropriate undergarments is not allowed. 6. Visible undergarments are not permitted. 7. Athletic clothing (ex. Shorts, T-shirts, sweatpants, spandex, jogging suits, tank tops, halter tops, hoodies, sweatshirts, and baseball caps/hats) is not allowed unless consistent with uniform policy or for physical fitness in the Fire Department. 8. Clothing must be free of stains, rips, tears, and/or fraying. 9. Tank tops, tube tops, or halter tops may not be worn unless consistent with uniform policy. Field Work Individuals employed in areas where safety equipment, or other uniform or dress considerations are in place due to occupational health and safety or other business -related reasons, must adhere to those safety standards deemed appropriate by the department head. Uniforms The Town will provide, at no cost to employees, a sufficient amount of uniform clothing and safety apparel for all employees who are required to wear uniform clothing and safety apparel as part of their Town duties and responsibilities. All field personnel will wear proper and complete uniforms while on duty. All personnel are to wear their uniforms properly at all times when on duty. All employees must be in uniform for any training conducted unless otherwise authorized by management. Uniform Guidelines 1. Uniforms must remain clean, unwrinkled, neat, and in good repair. 2. Uniform items that are faded, torn, or worn are not acceptable. If the uniform endures damage from anything other than natural wear and tear or lack of care, please contact a supervisor for direction of uniform piece replacement. This includes material or functional defects, fading or shrinkage. 3. A Town uniform, or any part of the Town uniform, is not to be worn for personal/private use. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 95 4. All uniforms and safety apparel will be clean and neat in appearance at the start of each work shift. 5. All employees are prohibited from wearing a Town uniform or any part of that uniform after established work hours and may not enter into an adult entertainment establishment or business that would bring possible discredit to the Town or the employee while in an authorized Town uniform. 6. All employees are prohibited from possessing or consuming alcoholic beverages at any time while wearing a Town uniform or any portion of the Town uniform. 7. All uniform items will be clearly marked with the Town logo and the name of the Town department. 8. All Town uniforms and safety equipment must be left at the employee's work location daily unless otherwise agreed and approved by the Department Director. The issuance of uniforms will conform to individual departmental policies and depend upon available Town funds within the annual budget allocation. The Fire Department may have additional uniform requirements for maternity, special duty/assignments, and Mourning and Remembrance. Casual/Dress Down Thursday Thursdays of each week will be considered a dress down day. Attire for dress down days will be "relaxed casual" but must still adhere to the Town's dress code guidelines. There are times when traditional business attire is to be worn on casual days. The Town requests that you take your day's schedule into account when you are dressing. If you have a meeting scheduled with visitors, or if you are advised that others in the department will have visitors with whom you will come in contact, you will want to dress in professional/business casual attire. Professional attire is always acceptable. Work -Study Students Students (Interns) frequently work in support of regular department employees in return for educational credit and/or financial aid subsidies. The dress for these students may be casual to accommodate financial limitations and school schedules but shall be consistent with all other policy guidelines. Employees may discuss reasonable accommodations to this policy with their supervisor and/or Human Resources. 701. Performance Evaluation PURPOSE: To establish a system of periodic evaluation of the work performance of Town employees. SCOPE: This policy applies to all Town employees. POLICY: The performance evaluation is an essential and effective communication tool in the management of the Town's workforce. Performance management, of which the evaluation process is Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 96 an integral part, is at the core of productivity and the quality of service provided for the citizens of the Town of Fountain Hills. The performance evaluation provides direction for individual and group staff development. An employee may be reviewed at any time, but a formal performance evaluation will be completed at least once annually, in most cases. Introductory employees are reviewed prior to the end of their designated introductory period with a recommendation for regular status, or an extension of the introductory period. Every full-time Town employee will receive a formal written evaluation of work performance for the twelve (12) month period preceding the designated evaluation date of their current employment with the Town. Part-time employees will receive a formal written evaluation of work performance once they have completed a minimum of 1040 hours. Performance evaluations will be completed on the forms or online software provided by the Human Resources office and will be completed no later than ten (10) working days after the evaluation due date. New employees will receive a performance evaluation prior to the completion of their designated introductory employment period. These reviews will take place regardless of whether the employee is eligible for a pay increase. A performance evaluation is not linked with a salary increase. Employee self -evaluations may be completed but are not required. Performance evaluations are completed by the employee's supervisor. All performance reviews will be reviewed and signed by the Supervisor, Department Head, and Human Resources prior to the performance review conference taking place with the employee. These signatures signify agreement with the contents of the performance evaluation, as well as format and thoroughness. After discussion, the employee signs the evaluation to confirm that an opportunity for review was provided. Refusal of the employee to sign does not invalidate the evaluation. The employee will be given a copy of, or provided online access to, the evaluation and all original performance review forms are maintained in the employee's personnel file location in the Human Resources office. Supervisors should provide ongoing performance feedback throughout the year. The performance evaluation summarizes t the employee's performance and development needs and desires. 702. Conflict of Interest PURPOSE: To establish guidelines for Town employees to identify, disclose, avoid, and manage conflicts of interest as required by law. SCOPE: This policy applies to all officials, officers, and employees of the Town. POLICY: All employees must manage their personal and business affairs so as to avoid situations that might lead to conflict, or the appearance of conflict, between self-interest and our duty to the Town, to the people served by the Town and to the general public. Every employee has an obligation to diligently identify, disclose, avoid and/or manage conflicts of interest. A potential conflict of interest exists when an employee's or an employee's relative's financial or proprietary interests may be directly or indirectly impacted, whether favorably or detrimentally, by a decision made by the Town in which the employee participates. Even if no abuse of position actually occurs, a conflict of interest or its appearance can seriously undermine the public's confidence and trust in the Town's Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 97 governmental system. Employees are subject to the provisions of A.R.S. Section 38-501 et. Seq. (Conflict of Interest of Officers and Employees) through 38-532 regarding conflict of interest. An employee is responsible for notifying their supervisor of any potential conflict of interest. It is the duty of the employee and/or supervisor, if there is any concern regarding a possible conflict of interest, to contact the Town Attorney and request a written opinion, who is responsible to assist any employee or official who has any questions regarding conflict of interest. The following guidelines help ensure conflicts of interest do not occur. These are not intended to be all-inclusive, or to substitute for good judgment on the part of all employees. 1. No employee may use his or her position to obtain fmancial gain or anything of value for the private benefit of himself or herself or his or her immediate family, or for an organization with which he or she is associated. 2. No person may offer or give to an employee, directly or indirectly, and no employee may solicit or accept from any person, directly or indirectly, anything of value if it could reasonably be expected to influence the employee's vote, official action or judgment, or could reasonably be considered as a reward for any official action or inaction on the part of the employee. 3. No employee may take any official action substantially affecting a matter in which the employee, a member of his or her immediate family, or an organization with which the employee is associated, has a financial interest. 4. No employee may use his or her position in a way that produces or assists in the production of a benefit, direct or indirect, for the employee, one or more members of the employee's immediate family either separately or together, or an organization with which the employee is associated. 5. An employee shall not grant any special consideration, treatment or advantage to any member of the public beyond that which is available to any other, including preferential treatment for employment. 6. An employee shall not use, or knowingly permit the use, of Town resources, vehicles, equipment, materials for unauthorized purposes or for unauthorized personal convenience or for profit. 7. An employee shall not disclose or permit the disclosure of privileged information to any person not lawfully authorized to receive such privileged information. An employee shall not use privileged information to advance his or her personal fmancial interest or that of his or her immediate family. 8. An employee shall not accept from any person or organization directly or indirectly, anything of value without full payment, if it could reasonably be expected to influence his or her actions or judgments or is provided to such employee because of their position could reasonably be considered as a reward for any action or inaction. Disclosure of Interest An employee who has a financial or other private interest shall disclose conflict of interest in writing on the records of the Town or other appropriate authority, the nature and extent of such interest. Any employee who has, or who's relative has, a substantial interest in any contract, sale, purchase, or service to such public agency shall make known that interest in the official records of such public agency and shall refrain from voting upon or otherwise participating in any manner as an officer or employee in such contract, sale, purchase, or service. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 98 Any employee who has, or who's relative has, a substantial interest in any decision of a public agency shall make known such interest in the official records of such public agency and shall refrain from participating in any manner as an employee in such decision. 703. Outside Activities of Staff PURPOSE: To provide guidelines for employee activities outside of work that may impact the Town. SCOPE: This policy applies to all Town employees. POLICY: Employees are to avoid situations in which their personal interests, activities, and associations may conflict with the interests of the Town. If such situations threaten any employee's effectiveness, the Town reserves the right to evaluate the impact of such interest, activity or association upon an employee's responsibilities. So that staff members may avoid situations in which their personal interests, activities, and associations may conflict with the interests of the Town, the following guidelines are provided: 1. Refrain from making public statements about private associations if such remarks are likely to violate community standards of propriety. 2. Avoid conduct and associations outside of work, which, if known, could have an adverse or harmful effect upon the Town. 3. Do not use Town property or work time to solicit or accept customers for private enterprises. 4. Refrain from expressions that would disrupt harmony among co-workers or interfere with the maintenance of discipline. 5. Do not engage in political activities during assigned hours of employment. 6. Do not conduct unapproved solicitations on Town property. 7. Do not reveal privileged/confidential information. 704. Gifts Policy PURPOSE: To establish a policy so that the Town of Fountain Hills employees understand what type of gifts are and are not acceptable. SCOPE: This policy applies to all employees. POLICY: Employees of the Town are in regular contact with citizens and many others vital to successful operations and mission achievement. Accordingly, relationships with such individuals, and other third parties require clear commitments to fair dealing and sound business decisions. The exchange of gifts may have an impact on the ability to make decisions free of any conflict of interests. Gifts of a nominal nature should not create a conflict or create the appearance of impropriety. Extravagant gifts and entertainment are never acceptable. It is possible that customary business practice and common sense may permit acceptance of a gift of significant value for the common good of the Town as a whole (For example, financial or real property is bestowed via a Will or Grant), in which the Town Manager and/or Council would be involved. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 99 Appropriate Gifts and Entertainment Acceptable gifts and entertainment must be nominal in value and are not likely to influence the judgment of individuals covered by this Policy, such as: Modest expressions of goodwill such as an inexpensive promotional item, "logo" pens, calendars, caps and the like, flowers, a fruit basket, a book or comparable items, a small collection of product samples. These items should be shared with the entire office whenever possible so that no single individual gains from the gift. Inappropriate Gifts and Entertainment Town employees should never accept or approve items such as: 1. Cash or cash convertible or cash equivalent, for instance, any kind of money transfer, bank check, loan, promise of future employment etc. 2. Any gift or entertainment that is illegal. 3. Acceptance of a gift or of entertainment that would be or perceived as "quid pro quo". Procedure Upon Receiving an Inappropriate Gift Any gift that you receive that would be wrong or inappropriate according to the principles described above must be returned immediately, and your immediate supervisor should be informed accordingly. Where appropriate and in order to prevent further impropriety, a letter to the donor may be issued regarding this Policy. 705. Customer Service Expectations PURPOSE: To establish Town expectations of employee interactions with the public. SCOPE: This policy applies to all Town employees. POLICY: Residents and visitors to the Town of Fountain Hills are among our organization's most valuable assets. Every employee represents the Town to the public. The way we do our jobs presents an image of our entire organization. The public judges all of us by how they are treated with each personal contact. Therefore, one of our first business priorities is to assist any customer. Employees should be courteous, friendly, helpful, and prompt in the attention provided to our customers. 706. Code of Conduct PURPOSE: To establish a code of conduct for the basic guidance of Town employees concerning matters affecting their work. SCOPE: All Town employees. POLICY: A Town government that upholds high standards of integrity and impartiality is a cornerstone of the democratic way of governing ourselves. As an integral member of the Town, employees are expected to accept certain responsibilities, adhere to high standards of personal conduct, and always exhibit a high degree of personal integrity and mutual respect toward others. To ensure orderly operations and provide the best possible work environment, The Town expects employees to Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 100 follow rules of conduct that shall protect the interests and safety of all employees and the Town. Employees shall conduct themselves at all times to reflect favorably upon themselves and the Town. Whether working or not, employees shall avoid any conduct which brings the Town into disrepute. Any type of behavior and/or conduct that the Town considers inappropriate could lead to disciplinary action up to and including termination of employment. Listed below are expectations of behaviors and/or conduct, to include, but are not limited to, the following: PERFORMANCE OF DUTIES: 1. Employees should perform official duties diligently during working hours. 2. Employees should always perform their duties with courtesy and respect for the public and for co-workers. They should execute these duties without bias or prejudice, manifest by words or conduct, based upon race, color, religion, national origin, gender, age, sexual orientation, disability, or political affiliation. 3. Employees should perform their work satisfactorily and seek to maintain and improve their personal and professional growth and development, and that of their co-workers, through cooperation and participation in educational programs relevant to their duties and through any licensing or certification required for their position. 4. Employees should perform their assigned duties impartially in a manner consistent with law and the public interest, un-swayed by kinship, position, partisan interests, public clamor or fear of criticism or reprisal. 5. All duties shall be performed with honesty and truthfulness without falsification in any manner. 6. All duties shall be performed in a healthy and safe manner without causing disorderly or undue interference to other employees. 7. Employees should observe and obey all Town and department policies, procedures, and rules, and all state and federal laws, regulations, and administrative rules. 8. Employees should ensure the proper use of resources and equipment. 9. Employees should ensure the security of confidential information and similarly maintain the security of Town resources. 707. Harassment PURPOSE: To establish a policy prohibiting harassment in the workplace and provide a method by which claims of harassment may be investigated and resolved. SCOPE: All Town Employees. POLICY: It is the policy of the Town to promote a productive work environment and not tolerate verbal or physical conduct by any employee that harasses, disrupts, or interferes with another employee's work performance or that creates an intimidating, offensive or hostile environment. It is anticipated that Town employees will treat each other with courtesy and civility at all times, and harassment or intimidation of any form will not be tolerated. Accordingly, the Town is committed to Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 101 enforcing its Harassment Policy at all levels of the organization. It is specifically unlawful, and therefore strictly forbidden, for any person to harass an employee based on race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, disability, marital or domestic status, citizenship, genetic information, or any other characteristic protected by law. The Town forbids retaliation against anyone for reporting harassment of any kind or otherwise assisting in the investigation of a harassment complaint or filing a charge of discrimination with a government agency. The purpose of this Policy is to encourage early reporting and early intervention before conduct rises to the level of harassment in violation of this Policy. It is the policy of the Town to investigate all complaints of harassment. Harassment that interferes with the ability of Town employees to perform their expected job duties will not be tolerated and will be met with appropriate disciplinary action, up to and including termination. This Harassment Policy applies to all employees and makes no exceptions. If, following a complaint and investigation, the Town fmds credible evidence that any employee has violated the Harassment Policy, the offending individual will be subject to discipline, up to and including termination. Sexual harassment: Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Examples of sexual harassment may include explicit sexual propositions, sexual innuendo, suggestive comments, sexually oriented "kidding" or "teasing," "practical jokes," jokes about gender -specific traits, foul or obscene language or gestures, display of foul or obscene printed or visual material, and physical contact such as patting, pinching, or brushing against another person. Sexual harassment may be subtle or not and may occur between members of the same or opposite gender. Other harassment: Harassment on the basis of any other protected characteristic is also prohibited. Under this Policy, harassment may be verbal, written or physical conduct that denigrates or shows hostility toward an individual because of any characteristic protected by law; and that: a) has the purpose or effect of creating an intimidating, hostile or offensive work environment, b) has the purpose or effect of unreasonably interfering with an individual's work performance, or c) otherwise adversely affects an individual's employment opportunities. Harassment can take many forms including but not limited to the following: 1. Offensive Personal Behavior Engaging in any type of conduct that would reasonably interfere with another employee's work performance or time available to work assigned tasks by creating a work environment that is intimidating, hostile or offensive because of unwelcome or unwanted conversations, suggestions, requests, physical demands, physical contacts or unwelcome attentions. 2. Offensive Comments Offensive comments, jokes, innuendoes, or any other such statements including verbal abuse or kidding about an individual's body or appearance where such comments are derogatory, involve the telling of "off color" or "dirty jokes", or any other tasteless comments, innuendoes or actions that offend others. 3. Offensive Actions Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 102 Wearing insignia on clothes, hats, or other articles of clothing, defacing surfaces located in the Company with graffiti, or placing pictures, objects, or other symbols within the workplace that are objectionable to another employee. The Town is opposed to any form of retaliation, including retaliatory harassment by managers, supervisors, co-workers, or any other persons employed by the Town, for the good faith and reasonable reporting of any harassment or otherwise assisting or participating in the investigation of a harassment complaint, or filing a charge of discrimination with a governmental agency. Complaint Procedure Every employee of the Town has an affirmative duty to maintain a workplace free of harassment and intimidation. Individuals who believe they have been the victims of conduct prohibited by this policy or believe they have witnessed such conduct should discuss their concerns with their supervisor, or, if their supervisor is the subject of the complaint, or if there is some other reason for doing so, to their supervisor's supervisor or Human Resources Department heads or supervisors who receive complaints or reports of harassment must immediately inform Human Resources of such complaints. Human Resources will expedite an investigation into the allegations. Investigations will be prompt and thorough. After an investigation, the Town will normally meet with the parties involved to report the results of the investigation and, where appropriate, to inform the parties of the steps the Town will take or has taken to correct the situation. Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this Policy and, like harassment or discrimination itself, will be subject to disciplinary action, up to and including discharge. Acts of retaliation should be reported immediately and shall be promptly investigated and addressed. Misconduct constituting harassment, discrimination or retaliation shall be dealt with appropriately. Responsive action may include, for example, training, referral to counseling or disciplinary action up to and including discharge. False and malicious complaints of harassment, discrimination, or retaliation may be subject to disciplinary action, up to and including discharge. Confidentiality of all parties involved in a harassment charge shall be respected; except to the extent that it interferes with the Town's obligation to investigate allegations of misconduct and to take appropriate action. 708. Whistleblower Protection PURPOSE: This policy identifies protections for employees to make good faith reports of suspected fraud, corruption, or other improper governmental activity, or health and safety concerns within the Town to appropriate Town officials. SCOPE: This policy covers all Town of Fountain Hills employees. POLICY: A whistleblower as defined by this policy is an employee of the Town of Fountain Hills who reports an activity that the employee considers to be illegal or dishonest to one or more of the parties specified in this policy, cooperates with an investigation, and/or testifies in legal proceedings Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 103 arising out of improper government action. The whistleblower is not responsible for investigating the activity or for determining fault or corrective measures; appropriate management officials are charged with these responsibilities. Examples of illegal or dishonest activities include but are not limited to violations of federal, state or local laws or fraudulent financial reporting. If an employee has knowledge of or a concern of illegal or dishonest fraudulent activity, the employee is to contact his/her immediate supervisor and/or human resources. The employee must exercise sound judgment to avoid baseless allegations. An employee who intentionally files a false report of wrongdoing will be subject to discipline up to and including termination. Whistleblower protections are provided to employees in both maintenance of confidentiality and against retaliation. Confidentiality of the whistleblower will be maintained to the extent possible under the law. However, identity may have to be disclosed to conduct a thorough investigation, to comply with the law and to provide accused individuals their legal rights of defense. The Town of Fountain Hills will not retaliate against a whistleblower. This includes, but is not limited to, protection from retaliation in the form of an adverse employment action such as termination, compensation decreases, poor work assignments, and threats of physical harm. Any whistleblower who believes they are being retaliated against should contact human resources immediately. The right of a whistleblower for protection against retaliation does not include immunity for any personal wrongdoing that is alleged and investigated. All reports of illegal and dishonest activities should be promptly submitted to human resources who is responsible for ensuring an investigation occurs and any appropriate corrective action is taken. 709. Confidentiality PURPOSE: To establish guidelines and safeguards for employees who come into contact or use confidential information for work matters. SCOPE: All Town Employees POLICY: Employees may come into the possession of confidential information. It is the policy of the Town that the information will not be disclosed to others who do not have a need to know it. Anyone who intentionally causes a breach of confidentiality will be held accountable and disciplinary action may result in up to and including termination. All employees are expected to understand and abide by the following practices: 1. Confidential information will not be disclosed to others, including friends or family, who do not have a need to know it. 2. Personal access codes, user ID(s), and passwords used to access computer systems are to be considered confidential information. 3. Confidential information will not be discussed where others can overhear the conversation. This includes, but is not limited to, hallways, elevators, break rooms, restaurants, and social events. 4. Employees will not make inquiries about confidential information for other personnel who do not have proper authorization to access such confidential information. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 104 5. Employees will not willingly inform another person of their computer password or knowingly use another person's computer password instead of their own for any reason except maintenance or technical support. 6. Employees will not make any unauthorized transmissions, inquiries, modifications, or purging of confidential information in Town computer systems. Such unauthorized transmissions include but are not limited to removing and/or transferring confidential information from Town computer systems to unauthorized locations (for instance, home). 7. Employees will password -protect any computer prior to leaving it unattended. 8. Employees will comply with any security, privacy, HIPAA policy, and/or procedure promulgated by the Town to protect the security and privacy of confidential information. 9. Upon cessation of employment, all employees will immediately return any documents or other media containing confidential information to the Town. Reporting a Breach of Confidentiality A breach of confidentiality could occur through a variety of means, some unintended and others with intent to steal or do harm. These include but are not limited to: 1. Unintended mistakes that cause accidental disclosures. 2. Abuse of access privileges. 3. Knowingly accessing information for non -work -related purposes. 4. Unauthorized physical intruders. Employees will immediately report any activity by any person, including themselves, that is in violation of this Policy or of any Town security or privacy policy to their direct supervisor. This will allow the process of mitigating the effect of the breach and preventing any additional loss of data. The Town shall provide each applicable Fire Department employee with HIPAA (Health Insurance Portability and Accountability Act) training and HIPAA Policy separate from this Policy. 710. HIPAA PURPOSE: This policy addresses responsibilities and rights under HIPAA. SCOPE: All Town Employees. POLICY: The Town is required to comply with the Health Insurance Portability and Accountability Act ("HIPAA") due to its operation as both a health care provider for emergency medical services (EMS) and as a sponsor of a self -insured health plan. Accordingly, the Town has adopted HIPAA Privacy and Security Policies and Procedures to protect the privacy of both patient information and employee information related to the provision of health care benefits, known under HIPAA as protected health information ("PHI"). These HIPAA Privacy and Security Policies and Procedures are maintained by the Fire Department as an EMS provider and by the Human Resources Department for the Town's self -insured health plan. To summarize, Town employees who, as part of their job functions, are authorized to access, use, or disclose PHI pertaining to individuals seen by the Town's EMS providers or employee health information obtained by the Town through its function as a self - insured health plan, are required to protect this information from unauthorized use and disclosure and Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 105 adhere to the HIPAA Privacy and Security Policies and Procedures. These policies and procedures apply to: 1. The Fire Department as a health care provider because it provides emergency medical services. 2. The Human Resources Department because of its access to employee health benefits information through its role as the sponsor of the self -insured health plan. 3. Departments which support the Fire and Human Resources Departments and who have access to PHI, including the Information Services Department. Access, use and disclosure of PHI without authorization is prohibited. Failure to comply with the HIPAA Privacy and Security Policies and Procedures may result in disciplinary action, up to and including termination of your employment. If you have questions about access, use, or disclosure of protected health information contact the Human Resources Department before you act. HIPAA does not apply to health information the Town has for some other reason, such as because the Town is an employer or because of Worker's Compensation. Other rules and regulations address the privacy of health information in other contexts, such as under the Family Medical Leave Act, the Americans with Disabilities Act, or the Industrial Insurance Act. If you have questions about any of the other privacy laws or rules, please contact the Human Resources Department. 711. Work Rules PURPOSE: This policy addresses employee conduct and expectations not previously established. SCOPE: All Town Employees. POLICY: Whenever and wherever people work together, standards of reasonable conduct need to be established in order to maintain an orderly and efficient work atmosphere. The following types of conduct are unacceptable in our workplace. Because it is impossible to list every conceivable infraction, the list of examples below is not all-inclusive. 1. Insubordination, which is defined as an unwillingness, refusal or disregard to carry out a directive from a supervisor. Insubordination is also defined as disrespectful behavior toward a supervisor/superior. 2. Circumventing or undermining the direction of a supervisor of the authority of a supervisor/superior. 3. Incompetence or inefficiency in the performance of duties, substandard quality or quantity of work, including deliberate reduction of output, or failure to complete assignments promptly and accurately. 4. Fighting, disturbing or violent behavior, threatening, humiliating, intimidation or harassment of others. 5. Retaliation and/or reprisal against an employee who genuinely, and in good faith, reports threats of bullying or workplace violence. 6. Use of offensive, profane or abusive language, disrespectful discourteous, insulting, abusive or inflammatory conduct toward others. 7. Unauthorized or inappropriate use of identification cards or keys, or unauthorized access to data, e-mails, or restricted areas. 8. Falsification of timekeeping, reports or any other Town records. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 106 9. Falsification of information to secure employment with the Town. 10. Leaving the job without permission, or job abandonment. 11. Excessive tardiness, absenteeism or absence without notice. 12. Frequent absences from an employee's work area due to personal conversations, personal visitors, or long breaks. 13. Falsifying or refusing to give testimony when accidents are being investigated. 14. Dishonesty in the performance of duties. 15. Making false or malicious statements with the intent to harm or destroy the reputation, authority or official standing of an individual or organization. 16. Theft or misappropriation of Town property or the property of others, including theft of work time, excessive time at break periods, misuse of sick leave or other designated leave, misrepresenting work time, or failing to accurately record work time. 17. Unauthorized possession or removal of the Town or another employee's private property. 18. Unauthorized use of Town -owned or leased equipment or property. 19. Damage or defacing of Town or employee property. 20. Dissemination or disclosure of confidential material or information, except to persons specifically authorized by law or policy to receive the same. 21. Disregarded or repeated violations of safety rules and regulations. 22. Failure to report injuries or unsafe conditions. 23. Fighting, immoral conduct, threats, or acts of assault or other physical violence, intimidation or harassment of customers or employees. 24. Illegal, immoral, disruptive or otherwise improper conduct that adversely and substantially injures or brings the Town into disrepute. 25. Being arrested or convicted of a crime that is substantially related to the circumstances of the job or licensed activity that the person was hired to perform, or unavailability for work due to incarceration. 26. Performing an act that the employee knows is in excess of his/her lawful authority or that he/she knows is forbidden by law to perform in his/her official capacity. 27. Engaging in unauthorized personal business such as excessive personal telephone calls and/or email/internet use during regularly scheduled work hours. 28. Soliciting, accepting or offering bribes. 29. Failure to obtain and maintain a current license or certification as required by law or the Town. 30. Conviction of a felony or misdemeanor directly related to the employee's duties. 31. Unauthorized access to records, file cabinets, desks, offices, facilities, or computers. 32. Inappropriate dress, grooming, and/or appearance inconsistent with Policy. 33. Smoking in prohibited areas. 34. Manufacturing, possession, distribution, dispensing, sale, transfer, or use of alcohol, a controlled substance or other illegal drugs, while in the workplace, while on duty, or while operating Town -owned vehicles or equipment. This does not prohibit an employee from ingesting a legally obtained prescription drug that was legally issued to the employee. 35. Consumption of alcohol or illegal drugs when on duty. 36. Reporting to work or remaining on duty when the employee is under the influence or using alcohol, illegal drugs, or any controlled substance, including prescription medications, except when the use is pursuant to the instructions of a licensed health care provider who has advised the employee that the substance does not adversely affect the employee's ability to safely and competently perform his/her job. 37. Engaging in illegal conduct. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 107 The Town reserves the right to modify this list at any time or determine whether any other conduct is contrary to the interests of the Town and warranting of disciplinary action up to and including discharge. 712. Corrective and Disciplinary Action PURPOSE: To establish the employee corrective action and disciplinary process. SCOPE: All Town employees. POLICY: Each employee shall generally be supervised by the individual to whom they are responsible in the organization. Each employee shall customarily be responsible to one immediate supervisor; however, when an employee divides responsibilities among two or more programs, the responsibilities for supervision and evaluation shall be furnished in writing to the employee. The Town Manager has authority to take disciplinary action against any employee. The Town Manager may delegate this authority to any management employee for subordinate employees. Disciplinary actions shall be issued for violations of standards of employee conduct, violations of policies and procedures, or for unsatisfactory work performance. Progressive discipline is a disciplinary system that provides a graduated range of responses. The Town's discipline system includes a series of increasingly severe disciplinary actions, ranging from a corrective action to termination. However, this does not mean that every step in the graduated range of disciplinary actions will occur in an ordered sequence in every case. Progressive discipline is a general guideline for supervisors. However, there is no right to progressive discipline. The totality of the circumstances will dictate the appropriate level of discipline for each incident. Review of the particular facts and circumstances, such as the severity of the offense and an employee's disciplinary history, whether for the same type of offense or not, may indicate that more severe disciplinary measures, up to and including termination, are appropriate. A combination of disciplinary actions may also be used. Corrective Action Coaching Coaching is an employment measure initiated by the supervisors to the employee prior to disciplinary action and may be presented to the employee in any format the supervisor fmds appropriate. Coaching is a non -disciplinary action to encourage employees and clarify expectations. Another term used for coaching may be counseling or informal corrective action. These measures are not required to be used before disciplinary action occurs or in any specific order. The supervisor may repeat coaching at their discretion. The supervisor maintains documentation of the discussion, and the employee should be informed that a record of the counseling session shall become part of the employee's personnel record. Counseling is not a form of discipline and is not subject to the appeal/grievance procedure. Special Performance Review Period When performance or behavior warrant, a special performance review period may be established. The special performance review period may not exceed ninety (90) calendar days. The supervisor Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 108 or Department Director shall prepare a written performance evaluation and memorandum outlining the improvement required, the time established for the period, and possible consequences if performance does not improve. Ten (10) days before the end of the period, the supervisor or Department Director shall submit a written performance evaluation and recommendation for the employee's future status to Human Resources, which shall become a part of the employee's personnel record. Disciplinary Action The level of discipline imposed is at the sole discretion of the Town. The level of discipline imposed shall take into consideration the seriousness of the infraction, a review of the facts and circumstances of the infraction, the employee's performance record, and history of prior disciplinary actions. Disciplinary action is an employment action initiated by the Town to an employee that results in one of the following forms: Verbal Warning A disciplinary verbal warning is an oral statement made to an employee indicating the employee's conduct or performance fails to meet an acceptable level and expected improvement. Verbal warnings are documented and filed in the employee's personnel file. Written Warning A disciplinary written warning is a written statement made to an employee indicating the employee's conduct or performance fails to meet an acceptable level and expected improvement. The employee shall sign the statement and receive a copy. If the employee refuses to sign the statement, the supervisor or Department Director shall sign the statement and indicate the employee's refusal to sign. The written warning shall become part of the employee's personnel file. Disciplinary Demotion An employee whose ability to perform the required duties falls below standard or who merits disciplinary action may be demoted upon approval of the Town Manager. Written notice shall be given to the employee within three (3) days before the effective date of the demotion. Upon demotion, an employee will have his or her pay reduced commensurate with Towns compensation policy. Disciplinary Suspension Without Pay The Town Manager may suspend an employee from any position at any time without pay for disciplinary reasons. A supervisor or Department Director may recommend suspension of a subordinate employee to the Town Manager for his/her approval. No supervisor or Department Director may suspend a subordinate for any period of time without the approval of the Town Manager. A suspended employee receives written notification listing the specific charge(s), period of suspension, and administrative review and appeal rights, if any. The employee is given a copy of the written notification, and the original is immediately forwarded to the Human Resources Office for inclusion in the personnel record. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 109 Suspension of Exempt Employees An exempt employee (those exempt from the provisions of the Fair Labor Standards Act) may not be suspended without pay for disciplinary sanctions for a period of less than one (1) or more full days except for infractions of safety rules "of major significance.". Safety rules of major significance are those (rules) and supervisory directives relating to the prevention of serious hazard, damage or danger to the Town, its facilities, employees, or the public. Dismissal Employees may be dismissed with cause by the Town Manager by written notice which shall state the cause for dismissal if the employee has completed the introductory period, the effective date, and the employee's appeal rights, if any. Only employees who have successfully completed the introductory period have appeal rights. Administrative Process Administrative Leave With Pay The Town Manager may place an employee on Administrative Leave With Pay at any time as a non - disciplinary measure to permit an investigation into matters that may result in disciplinary action. No supervisor or Department Director may place a subordinate on administrative leave with pay for any period of time without the approval of the Town Manager. During this period, the employee is considered to be on full duty and available to participate and aid in the investigation. In making the determination to place an employee on administrative leave with pay, the following factors are considered: 4. Whether or not the employee's presence on the job or at the work site would hinder the investigation, OR 5. If the employee's presence would be detrimental to the public interest or the continued efficient operation of the Town. The Town Manager must approve administrative leave. An employee placed on Administrative Leave with Pay receives written notification listing the nature of the investigation, period of leave, and administrative review and appeal rights, if any. The employee is provided a copy of the written notification, and the original is immediately forwarded to the Human Resources Department for inclusion in the personnel record. Notice to Employee Except for cases of gross misconduct, prior to an involuntary termination, or a suspension without pay an employee who has successfully completed their Introductory Period will be provided with a written notice from their supervisor and/or Department Director of the intent to suspend or terminate with the supporting reasons. The employee shall be given the opportunity for a pre -action meeting date which is no less than 24 hours after notice has been given, which is the employees opportunity to respond to the charge, orally or in writing with their supervisor and/or Department Director to contest the proposed action. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 110 The department's explanation in the notice shall be sufficient to apprise the employee of the basis for the proposed action. This shall not limit the employer at subsequent proceedings from presenting more detailed and complete information as to the reason for the adverse action. Pre -action Meeting The pre -action meeting is a meeting between the employee, the supervisor proposing the discipline, any others in the chain of command, and the Department Director. The Director of Human Resources/designee may also attend the meeting. The purpose of the meeting is to give the employee the opportunity to respond, verbally or in writing within ten business (10) days, to the written notice of intended disciplinary action. Any relevant information presented by the employee during the pre - action meeting regarding the proposed disciplinary action shall be considered by the supervisor, any others in the chain of command, and the Department Director. Failure by the employee either to attend the pre -action meeting or to submit a written response, within ten (10) business days, to the notice of intended disciplinary action shall be deemed a waiver of the employee's right to do so and the proposed disciplinary action shall be implemented as written. Disciplinary Decision After the pre -action meeting, the Department Director shall advise the employee in writing of the decision regarding the imposition of discipline. This decision will normally occur within ten (10) business days of the pre -action meeting or receipt of the employee written response. A copy of the written disciplinary decision shall be included in the employee's official human resources file. Employee Appeal Process If, after considering the employee's response, the Town proceeds with termination, the employee may appeal in writing within ten (10) business days of the decision. Human Resources will then set an administrative hearing to adjudicate the appeal. The employee may have legal counsel present at the hearing. Employees who are not directly supervised by the Town Manager shall generally have the Town Manager as their hearing officer. The hearing officer will make the final decision as to whether or not the termination stands or is overturned. In cases involving an employee working with the Town Manager as their direct supervisor, the hearing officer shall be the Presiding Judge of the Fountain Hills Municipal Court. The Town Manager or the Presiding Judge may appoint the town of Fountain Hills Human Resources head, another manager, or Judge from another Arizona city or town to serve as an appeal administrator to administer the hearing and complete the written opinion if they so choose. The hearing officer or appeal administrator shall, no later than five (5) business days after the conclusion of the hearing, complete a written opinion which shall contain three (3) basic elements: 1. A statement of relevant facts 2. A statement of applicable rules 3. Conclusions/recommendations The written opinion shall be provided to the affected employee, their supervisor and/or department director, and the hearing officer (Town manager or Presiding Judge). A copy of the opinion shall also be placed in the employee's personnel file. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 111 Within five (5) business days after receipt of the written opinion, the hearing officer (either the Presiding Judge or the Town manager) shall either affirm or reject the employee's termination. The decision of the hearing officer (either the Presiding Judge or the Town Manager) shall be final and binding upon both the employee and the Town, and therefore, not appealable to any office or body of the Town or to any other administrative or judicial forum. 713. Problem Solving PURPOSE: To effectively and professionally address work -related issues or concerns. SCOPE: All Town Employees. POLICY: This policy establishes the policies and procedures for the administration of the Town's Problem -Solving process. This process does not replace the Grievance Policy or any other complaint or reporting procedures established in policy. Rather, this process has been established to advise employees of the proper avenues to use in communicating work -related issues or concerns. Examples of issues or concerns include, but are not limited to, any issues that impact an employee's work unit or impact an employee's ability to do their job. Employees are advised they may not take work -related employment issues and concerns to the Mayor and Town Council. Taking employment issues and concerns to the Mayor and Town Council disrupts chain -of -command of employees under the jurisdiction of the Town Manager (Ord. 230-97); and any such issues or concerns will be referred back to staff. This process does not prohibit staff from discussing Town projects and/or business with Council that would normally be brought to their attention. Town of Fountain Hills employees who have work -related issues or concerns should address them within a timely manner. Matters raised within five working days will be considered timely. Employees are to use the following process to resolve such matters. For matters involving harassment, discrimination, or legal violations, the Harassment Policy is to be followed. PROCEDURE: 1. Employees are to go to their first -line supervisor in a timely manner with any work -related issue or concern unless it involves harassment or discrimination, in which case they should follow the procedures set forth in the Harassment Policy. For legal violations involving their supervisor, employees should go to their supervisor's superior, Human Resources, or the Town Manager. Employees may have a regular employee of the Town as a silent witness at meetings in which work issues or concerns are discussed. 2. If the work -related issue or concern has not been resolved at the first -line supervisor level within five (5) working days after the meeting in step 1 (above), employees should go to the next higher level of management. Both the employee and supervisor should document the reasons as to why the concern or issue was not resolved at the first -line level. 3. Only after employees have worked their way through their respective Department Head should they take their work -related issue or concern to Human Resources or Town Manager. 4. Employees are required to exhaust all internal avenues before taking their work -related issue or concern outside this procedure. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 112 5. The Mayor and Town Council, as well as those outside of the organization, are not in an employee's chain -of -command and therefore are not in a position to address work -related issues or concerns. There will be times in every employee's career when decisions are made that they do not agree with. However, employees are expected to abide by decisions made under this process whether agreed with or not. Failure to follow this process will have a negative effect on Town organization and will therefore be considered a violation of the Town's Personnel Rules. No employee will be subject to any form of retaliation or discipline for using this process. Any employee found guilty of retaliation will be disciplined. 714. Grievances PURPOSE: To promote improved employer -employee relations by establishing grievance procedures and to afford employees a systematic means of obtaining further consideration. on matters for which appeal or hearing is not provided by other regulations. SCOPE: All Town Employees POLICY: In keeping with its policy of maintaining satisfactory working conditions, the Town will provide a means to ensure fair handling of employee complaints and grievances. This procedure may be used to review the following types of problems, which are intended as examples and not strict limitations: 1. Work Hours 2. Assigned Duties 3. Working Conditions 4. Application of Town policies, as they relate to the employee This procedure shall not be used for problems concerning: 1. Due Process related to involuntary termination 2. Compensation 3. Classification 4. Matters covered by state or federal law. 5. Performance evaluation Informal Grievance Procedure An employee who has a problem or complaint should first try to get it settled through discussion with their immediate supervisor without undue delay. If, after this discussion, the employee does not believe the problem has been satisfactorily resolved, they will have the right to discuss it with their supervisor's immediate department director. If the employee's supervisor does not have a department director, the employee shall discuss the matter with Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 113 Human Resources. In some circumstances, Human Resources will determine that the matter should be referred to the Town Manager, or designee, at this stage. Every effort should be made to find an acceptable solution by informal means at the lowest level of supervision. If an employee fails to follow this informal procedure, the grievance will be denied, and they will not be permitted to proceed to the formal grievance procedure outlined below. Formal Grievance Procedure Levels of review through the chain of command are listed below: 1. If the employee has properly followed the informal grievance procedure and the matter is not resolved, the employee is eligible to elevate the grievance to this level. Initially, the employee must reduce the grievance to writing citing the article and section of the Personnel Policies alleged to have been violated, if applicable, the date of the violation that forms the basis for the grievance, the nature of the grievance and the relief requested. 2. The written grievance will be presented to the employee's immediate supervisor, within ten (10) business calendar days of the occurrence, and no later than ten (10) business days after the informal grievance procedure has been fully exhausted. The supervisor will render his/her decision and comments in writing and return them to the employee within ten (10) business days after receiving the grievance. 3. If the employee does not agree with their supervisor's decision, or if no answer has been received within ten (10) business days, and the employee wishes to continue in the process, the employee may present the grievance in writing to their supervisor's immediate department director, or in the absence of a department director, to Human Resources. 4. Failure of the employee to take further action within five (5) business days after receipt of the written decision of their supervisor or within a total of ten (10) business days if no decision is rendered, will constitute a withdrawal of the grievance. The second level supervisor receiving the grievance will review it, render his/her decision, and comments in writing, and return them to the employee within ten (10) business days after receiving the grievance. 1 If the employee does not agree with the decision, or if no answer has been received within ten (10) business days, and the employee wishes to continue the process, they may present the grievance in writing to the Town Manager — through Human Resources. Failure of the employee to take further action within five (5) business days after receipt of the decision, or within a total of ten (10) business days of referral to their second level supervisor if no decision is rendered, will constitute a withdrawal of the grievance. 1. Upon receiving the grievance, the Town Manager or his/her designated representative should discuss the grievance with the employee and with other appropriate persons. 2. The Town Manager or designee may, but is not required, to designate an external fact-fmding committee to advise him/her concerning the grievance. 3. The Town Manager or designee will render a final decision. The Town Manager's or designee's decision may not be appealed. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 114 TECHNOLOGY POLICIES 800. Technology PURPOSE: This policy is intended to outline the acceptable use of computer equipment owned by the Town. This policy is enacted to reduce problems with security, equipment, software conflicts, damage to data files and introduction of viruses to the network. SCOPE: This policy applies to all employees, contractors, consultants, or third parties utilizing Town technology resources. This policy applies to all systems, software, and hardware that is owned or leased by the Town. Each individual user is responsible for complying with this and all other relevant policies when using the Town's resources for messaging and accessing the Internet. POLICY: The Town is committed to protecting the integrity of its information systems. The enterprise network and Internet/ Intranet/ Extranet-related systems, mobile communication and data, including but not limited to computer equipment, software, operating systems, storage media, network accounts providing electronic mail, internet browsing, and File Transfer Protocol (FTP), are the property of the Town. These systems are to be used for business purposes in service the interests of the town, and our customers in the course of normal operations. Any and all functions performed by the employee while utilizing Town IT resources are considered public in nature and can in no way be considered personal or private. Employees should understand that there is no expectation of privacy when using such resources. It is the responsibility of all users to know these guidelines, and to conduct their activities accordingly. Ownership Email, Internet, and IT systems are resources made available to Fountain Hills employees to communicate for the benefit of the Town. All Internet and email transmissions sent from or received by Town equipment and/or addresses are Town property. Town Administration reserves the right to examine all email, directories, files and other information stored on all Town -owned hardware and software; and to monitor all email, Internet, computer system access and activity as deemed necessary. Personnel have no right of privacy in anything they create, store, send or receive using Town technologies, either via the Internet or other means. Anything created using technologies may be reviewed by others. All data transmissions sent or received using Town technologies are Town property. The Information Technology Division purchases all software and/or computer equipment (e.g. microcomputers, printers, modems, hubs, speakers, subwoofers, keyboards, mouse, etc.). Departments should always submit a request via e-mail to purchase software and/or computer equipment to the IT Helpdesk. General Use Users should be aware that the data they create on the Town systems remains the property of the Town. Electronic transmissions or communication via the Intranet shall not be considered either private or completely secure. The following are items to consider: 1. Transmission may be intercepted in transit or stored indefinitely on any number of computers, including that of the recipient. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 115 2. Material received electronically might be forwarded to others either electronically or on paper. 3. Transmissions sent to invalid or non-existent addresses might be delivered to unintended recipients, either purposely or inadvertently. 4. Any information obtained via the Internet may not be factual or correct. Personnel shall take appropriate steps to ascertain the accuracy of information before reliance or use. 5. Any information that is received or downloaded via the Internet may contain viruses. Users are responsible for the appropriateness and content of material they transmit or publish in messages via Town provided email access. Transmission occurs between a sending party and one or more receiving parties via an intermediate telecommunications system. Business communication via email allows the sender and receiver to be flexible, decide on an appropriate time to address something, not disrupt operational workflows, and in some cases multi -task. Senders should consider the audience, the tone, grammar, and punctuation within the message, and must also consider that any email has limitations as a communication tool. For that reason, senders should use sound professional judgment when determining if email is the most appropriate form of communication for the message they are sending. Personnel should take the same care in drafting and sending email and other electronic documents as they would for any other written communication. Anything created using the Town -owned or Town - provided technologies is an extension of and directly reflects on the Town of Fountain Hills. The Internet offers numerous forums and exchange ideas for the purpose of research and information sharing. As with any form of communication, the Town shall not be intentionally misrepresented in any material posted to the Internet or Social Media platforms. Employees should not engage in personal use of Town information systems in a manner that results in a detrimental impact on the Town. Personnel are responsible for the appropriateness and content of material they transmit or publish in messages via Town -provided Internet access. Harassment, discriminatory remarks, antisocial, disrespectful or unprofessional behavior such as targeting another person or organization to cause distress, embarrassment, injury, unwanted attention or other substantial discomfort is prohibited. Personal attacks or other action to threaten or intimidate or embarrass an individual, group or organization or attacks based on a person's race, national origin, ethnicity, disability, religion, gender, veteran status, sexual orientation or any other such characteristic or affiliation are prohibited. The Town Administration and Chief Technology Administrator shall have discretion to determine detrimental use. Rights of the Town 1. Fountain Hills owns all technologies provided at its own expense or under its authority or jurisdiction, including transmissions initiated, received or stored using its technologies. 2. The Town reserves the right to determine who is provided access to its systems, network and technologies. 3. At any time and without prior notice, the Town may remove any user account. 4. At any time, the Town may access or examine electronic mail and/or monitor messages on its equipment or networks. 5. At any time, the Town may access or examine files or any other materials stored on its equipment or networks. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 116 6. The Town may monitor, log and/or examine Internet activities, including, but not limited to, website visits, chat groups, news groups, social networking activities, blogging, downloaded or uploaded material. 7. The Town may archive or delete files or any other materials on its equipment or networks, as deemed necessary. For security and network maintenance purposes, authorized individuals within the Town may monitor content, equipment, systems and network traffic at any time, per Information Technology Division's Audit Policy. The Town reserves the right to audit networks and systems on a periodic basis to ensure compliance with this policy. Security and Proprietary Information The assignment of user accounts and passwords to Town personnel will be made by the Chief Technology Administrator for the appropriate computer system(s) being accessed. Passwords must be kept secure and NOT be shared with other users. Authorized users are responsible for the security of their passwords and accounts. Application passwords should be changed quarterly, network passwords will expire every 75 days and must be changed. As a physical safeguard, a password -protected screen saver will engage on all computers following a set number of minutes of inactivity, requiring logged in users to re-enter a system password to regain access. This number of minutes is to be determined by the IT Division. Because information contained on portable computers is especially vulnerable, special care should be exercised. Protect laptops in accordance with the "Laptop Security Tips." Postings by employees from a Town e-mail address to any online venue must contain a disclaimer stating that the opinions expressed are strictly their own and not necessarily those of the Town, unless the posting is in the course of business duties. All hosts used by the employee that are connected to the Town Internet/Intranet/Extranet, shall be continually executing approved virus -scanning software with a current virus database. Employees must use extreme caution when opening e-mail attachments received from unknown senders; such attachments may contain malicious programs (e.g. viruses, e-mail bombs, Trojan horse code, etc.). Personnel should never respond to E-Mail requesting personal or banking information or requesting user IDs or passwords. Unacceptable Use The following activities are, in general, prohibited. Employees may be exempted from these restrictions during the course of their legitimate job responsibilities (e.g., systems administration staff may have a need to disable the network access of a host if that host is disrupting production services). The lists below are by no means exhaustive, but instead are an attempt to provide a framework for activities that fall into the category of unacceptable use. Under no circumstances is an employee of the Town authorized to engage in any activity that is illegal under local, state, federal or international law while utilizing the Town -owned resources. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 117 System and Network Activities The following activities are strictly prohibited: 1. Engaging in any activity which violates state law, federal law, or Town policies and guidelines as applicable. Connecting personally owned and/or unlicensed software onto Town -owned systems. 2. The installation or distribution of "pirated" or other software products that are not appropriately licensed for use by the Town. 3. The installation of "freeware" software applications without the prior authorization of the Information Technology Division. 4. Damaging computing systems or damaging or altering the software components of Town - owned systems. 5. Engaging in any activity which adversely affects the availability, confidentiality or integrity of any Town -provided technology. 6. Using another's network, Internet, electronic mail or online service account or password without authorization. 7. Disabling or circumventing virus protection software or otherwise compromising computer and/or network security. 8. Exporting software, technical information, encryption software or technology, in violation of international or regional export control laws, is illegal. Users should consult the IT Helpdesk prior to export of any material that is in question. 9. Knowingly introducing malicious programs into the network or server (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.). 10. Revealing your account password to others or allowing use of your account by others. This includes family and other household members when work is being done at home. 11. Accessing or distributing indecent material, obscene material, child pornography and other illegal material, or any material that may be harassing or discriminating in nature including race, age, gender, sexual orientation, religious beliefs, political beliefs, national origin, health or disability of an individual. 12. Making fraudulent offers of products, items, or services originating from any Town account. 13. Causing security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which the employee is not an intended recipient or logging into a server or account that the employee is not expressly authorized to access, unless these duties are within the scope of regular duties. 14. Port scanning or security scanning is expressly prohibited unless prior notification is made to, and permission has been granted by, the Information Technology Division. 15. Executing any form of network monitoring that will intercept data not intended for the employee's host, unless this activity is a part of the employee's normal job/duty. 16. Circumventing user authentication or security of any host, network or account. 17. Interfering with or denying service to any user other than the employee's host (for example, denial of service attack). 18. Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, a user's terminal session, via any means, locally or via the Internet/Intranet/Extranet. E-mail and Communications Activities The following is a summarized list of prohibited uses. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 118 1. Any form of harassment via e-mail, voicemail, telephone or paging, whether through language, frequency, or size of messages. 2. Harassment, discriminatory remarks, foul language, sarcasm, antisocial, disrespectful or unprofessional behavior such as targeting another person or organization to cause disruption, distress, embarrassment, injury, unwanted attention or other substantial discomfort. 3. Engaging in activities during working hours for personal gain, solicitation or commercial purposes, including commercial advertising, unless specific to the mission or duties of the Town. 4. Accessing or distributing indecent material, obscene material, child pornography or other illegal material, or any material that may be harassing or discriminating in nature including race, age, gender, sexual orientation, religious beliefs, political beliefs, national origin, health or disability of an individual. 5. Communication of material that is offensive or derogatory, slanderous and/or defaming towards any individual, corporation, agency or organization and disparagement of any trade or product. 6. Communication that is derogatory or discriminatory in any way toward persons for reasons of their race, religion, gender, age, disability, lifestyle, political affiliations, social status or any other personal characteristic. 7. Disseminating or printing copyrighted materials (including articles and software) in violation of copyright laws. 8. Disseminating information that is known to misrepresent the Town or be false, inaccurate or misleading. 9. Sending disrespectful or unprofessional business communication that causes distress, disruption, embarrassment, injury, or unwanted attention or other substantial discomfort to the recipient. 10. Postings or subscriptions, whether on a Web site, to a news group or via e-mail, that constitutes advertising or solicitation of any type (i.e., religious, political, personal gain, or in support of illegal activities). 11. Using the Town's e-mail or Internet resources for personal for -profit business activities or schemes to generate income or result in personal financial gain. 12. Mass mailing of e-mail "junk mail", jokes or non -Town -business -related advertising material 13. Solicitation of e-mail for any other e-mail address, other than that of the poster's account, with the intent to harass or to collect replies. 14. E-mail posting the same or similar non -business -related messages to large numbers of Usenet newsgroups (newsgroup spam). 15. Unauthorized use, or forging, of e-mail header information. 16. The use of aliases while using the Intranet/Internet. Anonymous messages are not to be sent. No employee shall attempt to obscure the origin of any message. 17. The misrepresentation of an employee's job title, job description, or position in the Town. 18. The release of untrue or distorted information regarding Town business. 19. The Town's Intranet/Internet and e-mail resources for political purposes. 20. Distribution of chain mails, "Ponzi" or other "pyramid" schemes of any type or other communication that is any way in violation of public law or Town policy. 21. Participate in the further dissemination or re -distribution of e-mail "spam" e-mails, communications with long mailing lists of other recipients, or other inappropriate e-mail communications. Upon receipt of any of these items, a user should immediately delete it from their e-mail in box and trash, and completely refrain from sending it on to other persons in or outside the Town. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 119 22. Use of the Town's information systems to engage in threatening, intimidating or harassing conduct including but not limited to constituting the alleged harassment that constitute threats, intimidation or any other kind of act that interferes with the individual's ability to function as an employee of the Town. 23. Sending an email using another person's log-in/identity without authorization. Activities of law enforcement or Town Attorney's office related to criminal investigations, or personal investigations by any department in general, would not constitute a prohibited or inappropriate use. The following are unacceptable uses of the Intranet/Internet and e-mail technologies. All issues raised in the Town of Fountain Hills Code of Ethics are applicable. All records have a retention period. Email is retained after it has been "deleted." In the event of litigation, specific inquiries and/or investigations, the Town may be required to produce email records, electronic files, or other materials. All e-mail messages that are not subject to specific retention schedule are stored by Information Technology for 1461 days and may be required to be stored longer in the event of litigation. Confidential Files The Town uses and stores confidential information in various forms throughout the facilities that is used to provide services to the community. All confidential information is the property of the Town. Certain personnel and/or contract workers may be required to sign a confidentiality agreement. Unauthorized release, distribution or copying of confidential information is prohibited. The files of confidential employees will be preserved to contain confidential information and will not be accessed by IT or anyone else until permission to do so has been granted by a person having authority to do so. Personal Devices for Town Work Personal devices may be used only for Town business. Any personal device that contains access to Town materials must have an automatic lock when idle and must have a code to login to retain access. Personal devices used for Town access must not be jailbroken or rooted, or they will be denied access to the Network. Upon separation from employment, all employees with access to a personal device will work with IT Department to have all Town access removed. Personal devices are used with the understanding that the Town may wipe an employee's device remotely if it is lost or stolen, if there is a policy breach or security threat, or if a separating employee does not voluntarily work with the IT Department to have access removed. The Town is not liable for the loss of personal data. Enforcement The Town, through its department directors and Information Technology Division, reserves the right to review an employee's use of Town -provided information technology services, such as but not limited to, Internet, LAN, on-line services, telephone and e-mail use to determine whether the system's use is appropriate and conforms to this policy. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 120 If an employee violates this policy, Information Technology will inform the employee's supervisor, or someone higher in rank, in writing and the department director or other authorized individual may authorize the Chief Technology Administrator to remove the employee's access to the Town's computer network resources and/or to take appropriate remedial action. Any employee who fails to abide by this policy may be subject to disciplinary action up to and including termination. Laptop & Personal Electronic Device Security Tips 1. Never leave your laptop or personal electronic device in open view in your vehicle; remove it or secure it in the trunk or other secure location! Do not leave the device stored in the trunk for any great length of time; exposure to either extreme cold or heat can damage the machine. Always use your laptop or personal electronic device in a cool, dry place. 2. Never leave your laptop or personal electronic device unattended in a public place. Don't forget to secure all other products associated with your laptop: batteries, power cords, cables, external drives, LCD projectors, etc. 3. Never put your laptop or personal electronic device on the airport security x-ray machine belt before you have a clear path to the end of the belt. Check your device's battery and make sure it's fully charged. If you take your machine through an airport, the security checkpoint personnel may ask you to turn it on to prove it isn't a suspicious device. 4. Back up all irreplaceable information daily. Remember, it's not just the loss of the device, it is also the loss of the hard work and important information. 800-A. Intranet/Internet and Email PURPOSE: To establish guidelines for employee access and acceptable use of Town Intranet/Internet and Email. SCOPE: All Town employees. POLICY: Intranet/Internet Access Unauthorized access into the Intranet/Internet using Town equipment or Town Intranet/Internet accounts, or another employee's Intranet/Internet account, or through other means, is in violation of policy. Obtaining e-mail access Unless otherwise directed by the employee's immediate supervisor or designated representative, employees are automatically given an e-mail account upon receipt of a LAN account. Removing Internet or e-mail access The department director must submit a request to the IT HELPDESK to remove or disable an employee's Internet and/or e-mail account. By request, the department director can be given access to the files in the disabled account for a period of 30 days after notification to disable. LAN and e-mail accounts of employees who have separated from the Town will be deleted 30 days after separation of Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 121 employment to disable the account unless otherwise directed by a department director. Email will be forwarded to a designated address for a period of up to one year. Access and usage limits The Town's Internet access method has a finite capacity and is subject to periods of heavy use. Therefore, employees may be requested to limit access when system capacity is being exceeded. Employees must abstain from personal use of Internet or e-mail services for any reason during the time when employees should otherwise be engaged in Town business and performance of their job duties. Investigative access The Town reserves the right to review, audit, intercept, access and disclose all messages created, received or sent over the e-mail system for any purpose. The contents of electronic mail may be received and disclosed without the consent of the originator. Electronic mail messages are public information. Request for e-mail messages, calendars, or records may be treated like any other public record in the possession of the Town. E-mail contents may be subject to subpoena in legal matters and may be subject to public records request. Management reserves the right to retrieve and/or review e-mail messages to monitor or prevent misuse of the system. Procedures to request access to an employee's e-mail files: 1. Action by department director: a. Submit a request to Human Resources for investigative access on the employee's account. 2. Action by Human Resources: a. Consult with the Town Manger about the investigative access request. b. Coordinate with the Chief Technology Administrator. ACCEPTABLE USE OF THE INTRANET/INTERNET AND E-MAIL The definition of acceptable use of the Internet is any use that is related to Town business or the performance of work -related duties. Research and general information access on behalf of the Town Authorized employees may use Internet and e-mail technologies to conduct official Town business, gain technical or analytical advice as part of their jobs, communicate or exchange files and/or data with employees, citizens, clients, vendors and contractors as part of their jobs. Databases can be accessed for information as needed as long as they do not require some form of subscription to participate. Access to subscription -based Internet services must be initiated using existing Town policies for purchased services. Participation in News/Discussion Groups Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 122 Users may participate in news/discussion groups based around a topic in which the Town has a business interest. Users may participate in news/discussion groups, listservs or web sites created by professional organizations of which the Town or the user in their professional capacity is a member. Disclaimer: Postings by employees from a Town e-mail address to newsgroups should contain a disclaimer stating that the opinions expressed are strictly their own and not necessarily those of Town, unless posting is in the course of business duties. Limited Personal Use The Town's Intranet/Internet and e-mail resources are intended for business use in performing the duties of an employee's job. Limited personal use may be permitted, according to the following guiding principles: 1. It is incidental, occasional and of short or moderate duration. 2. It does not interfere with any employee's job activities. 3. It does not result in incremental expense to the Town. Examples of "incremental expense" include, but are not limited to: a. If the Town were paying for a limited bandwidth connection to the Internet, and an employee's personal use incurred additional charges; and b. Long-distance telephone, cellular phone or fax charges. i. The employee has their supervisor's prior approval for said personal use, which approval shall only be given when consistent with the requirements of this policy. ii. It does not solicit for or promote commercial ventures, religious or political causes, outside organizations or other non -job -related solicitations. iii. It does not violate the other "unacceptable uses" or other specific limitations outlined in this policy. iv. It will not create a real or perceived conflict of interest. Performing copyright infringements and other illegal actions Any use of the Internet that violates copyright laws is prohibited. Infringing on third party copyrights or other intellectual property rights, license agreements or other contracts; for example, illegally installing or making available copyrighted software. E-mail shall not be used to send (upload) or receive (download) copyrighted materials, and any other unauthorized materials, without prior written authorization of the originator. Users will refrain from the posting of any materials that violate federal or state laws. Use of the Intranet/Internet or e-mail in support of illegal activities is prohibited. Unauthorized attempts to break into any computer whether in the Town or another organization. Causing disruption of service and performance Use of the Intranet/Internet or e-mail must not disrupt the operation of the Town network or the networks of other users. Hacking or modifications to the Intranet/Internet and e-mail software in a manner that restricts the ability of the Town to monitor its resources is prohibited. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 123 One or more files totaling 30mb or more in size should not be attached to internal e-mail messages. Users instead should utilize the network share drives to distribute the files to other users. Execute real-time utilization of Intranet/Internet resources for non -Town -business -related services Accessing, viewing, downloading, or any other method for retrieving non -Town business information or services that utilizes the Internet resource in real-time is prohibited. This includes, but is not limited to, streaming audio or video (such as Pandora, XMRadio, Hulu, or Netflix), streaming wallpaper or screen savers. INTRANET/INTERNET AND E-MAIL PRIVILEGE RESPONSIBILITY Use and compliance Access to the Intranet/Internet and e-mail is a privilege. Employees are expected to use the Intranet/Internet and e-mail in a professional manner that reflects positively upon themselves and the Town. Employees and their immediate supervisors are jointly responsible to ensure compliance with this policy. Employees are responsible for text, graphic or audio content they place, send or receive over the Intranet/Internet and e-mail. It is recognized that some unsolicited electronic mail may be received or random access to an undesirable Internet site may occur. In those instances, the individual will not be held responsible for that content or undesired site access. Account Employees shall not "loan" their access to the Intranet/Internet to other employees who have not been authorized use of the Internet and e-mail technologies. Employees will be held responsible for all actions taken using their access permissions. Employees shall not intercept or disclose messages or assist in the interception or disclosure of messages unless otherwise authorized. Information Technology, under the authorization of the Town Attorney may intercept or disclose messages when misuse of the Town system is suspected. USER'S RESPONSIBILITIES REGARDING RECEIPT OF OFFENSIVE MATERIAL Generally, the same policies of appropriate behavior apply in network usage, as apply in the workplace. If you believe that you are the victim of harassment, do not delete the message. Immediately notify your immediate supervisor or department director and Information Technology. Public Records and Privacy E-mail from an internal system and/or the Internet, is NOT private nor can the security of e-mail be guaranteed. Caution shall be used when conveying confidential or sensitive information, as part of normal business transactions, when confidentiality cannot be maintained. This includes documents such as performance reviews, disciplinary and/or corrective actions, attorney -client -privileged information, personnel information, and health or medical information. All e-mail messages (whether created or received) are the property of the Town and may be considered to be public records pursuant to the Arizona Public Records Law. If there is concern about potential public disclosure or internal disclosure, e-mail should not be used. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 124 The Town reserves the right to review, audit, intercept, access and disclose all messages created, received or sent over the e-mail system for any purpose. The contents of electronic mail may be received and disclosed without the consent of the originator. When communicating with legal counsel or seeking legal advice, consideration should always be given to the fact that e-mail may contain information that may not be entirely confidential. It is advisable to check with the Town Attorney's Office as to whether such request should be made by e- mail or through written communication. All requests for public records disclosure of data shall be routed to the Town Clerk. E-mail messages may be recoverable Deleting e-mail messages from a computer does not guarantee it has been erased from the system. Further, email constituting a public record must be maintained. Employees should use good judgment when creating e-mail and always assume that it is discoverable. Monitoring and auditing The Town owns the network providing access to Internet and e-mail technologies. The electronic records created by use of the system may be considered public records under Arizona Revised Statutes and the law governing retention of public records. The Town reserves the right to monitor all electronic records, at any time, to ensure compliance with state law and this policy. Retention of E-Mail All e-mail messages that are not subject to a specific retention schedule are stored by Information Technology for 1095 days and may be required to be stored longer in the event of litigation. Any messages that are permanent records are required to be copied or moved to the appropriate file location. Information Technology is not responsible for backup or restoration of any e-mail items saved outside of the e-mail system by individual users. Records retention schedules can be found on the Arizona Secretary of State's Arizona State Library, Archives & Public Records website — www.azlibrary.gov. Virus Exposure Use of the Internet and e-mail risks exposure to viruses that can cause serious damage to Town computer resources. Material downloaded from the Internet must be virus checked before use. Inbound and outbound attachments to e-mail will be scanned for viruses. Plug -Ins and Helper Programs Plug -ins and Helper programs should be used prudently and only if its purpose is to enhance the browser to provide services that are within the "acceptable uses" and it does not violate the "unacceptable uses" or other specific limitations outlined in this policy. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 125 801. Software/Hardware PURPOSE: It is the policy of the Town to respect all software copyrights and to adhere to the terms of all software licenses to which the Town is a party. The Town users may not duplicate any licensed software or related documentation for use either on Town premises or elsewhere unless the Town is expressly authorized in writing to do so by agreement with the licenser. Unauthorized duplication of software may subject users and/or the Town to both civil and criminal penalties under the United States Copyright Act. The purpose of this policy is to prevent copyright infringement and to protect the integrity of Town's computer environment. SCOPE: This policy applies to all employees, contractors, consultants, or third parties utilizing Town technology resources. This policy applies to all software that is owned or leased by the Town. Each individual user is responsible for complying with this and all other relevant policies when using the Town's resources for messaging and accessing the Internet. Contractors with the Town shall become aware of the requirements of this policy. POLICY: Budgeting for Software/Hardware Some software and hardware needs are limited to specific departments. Departments are responsible for requesting new software or hardware specific to the department's needs through the Information Technology Division. When requesting such software or hardware, departments must work with the IT Department to ensure technology costs, compatibility, licensing, support, and integration issues are addressed. Approval for Purchase of Software/Hardware To purchase software or hardware, users must obtain the approval of their supervisors and the Information Technology Division, then submit a request to the IT Helpdesk to acquire the software/hardware. Acquisition of Software/Hardware 1. All software or hardware acquired for the Town must be purchased through the Information Technology Division. 2. Software or hardware may not be purchased through user corporate credit cards or petty cash. 3. Software and hardware acquisition channels are restricted to ensure that the Town has a complete record of all software that has been purchased for Town computers and can register, support, and upgrade such software accordingly. 4. Freeware software or mobile apps downloaded from the Internet must be authorized by the Information Technology Division. License Agreements Software may only be used in compliance with applicable license (including "shrink-wrap" agreements) and purchasing agreements. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 126 Ownership of Software All software acquired for or on behalf of the Town or developed by Town employees or contract personnel on behalf of the Town is and shall be deemed Town Property. All such software must be used in compliance with applicable purchase and license agreements. Storage of Software Media/Licenses All software media and original license agreements are kept and stored by the Information Technology Division. Software media that must be accessed for support of an application (e.g. clip art, GIS data, etc.) will be kept with the workstation licensed for its use. Use and distribution of these types of media must be in compliance with the software licensing agreement. IT will monitor the license term length and will notify users of any necessary actions. Duplication of software Users are not authorized to produce backup or duplicate copies of any software for any purpose. Unless otherwise provided in the applicable license or contract document, any duplication of copyrighted software may be a violation of federal and state law and is strictly prohibited. The Information Technology Division creates all authorized duplicate media and retains the master copy. The software inventory registry will be updated with this information. Registration The IT Helpdesk is responsible for completing the registration documentation and returning it to the software publisher. All software that is Town Property must first be delivered to the IT Helpdesk to complete registration and inventory requirements. All software must be registered in the name of the Town. Because of personnel turnover, software will never be registered in the name of the individual user. Information Technology maintains a register of all software and will keep a library of software licenses. The register will contain: 1. The title and publisher of the software; 2. The date and source of software acquisition; 3. The location of each installation as well as the serial number of the hardware on which each copy of the software is installed; 4. The name of the authorized user(s); 5. The existence and location of the media and any back-up copies; and 6. The software product's serial number and/or key codes. Installation of Software No software, including freeware, may be installed on any Town -owned or leased computer without prior approval by the Information Technology Division and without being registered to the Town. After the registration requirements above have been met, the software will be installed with the authorization of, assistance of, or performance by, Information Technology support personnel. Manuals, tutorials and other user materials will be provided to the user. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 127 Once installed on the hard drive, the original media (USB drives, CD-ROM, DVD, etc.) will be kept in a safe storage area maintained by the IT Helpdesk. Users may not give software to anyone, including contractors, customers and others. Town users may use software on local area networks or on multiple machines only in accordance with applicable license agreements. Town computers are Town -owned assets and must be kept both software legal and virus free. Only software purchased through the procedures outlined above may be used on Town machines. Installation of personal non -business -related software on Town computers is not authorized. The Town will remove any unauthorized software that puts the Town at risk or liability. Removable Media Drives & USB Drives To protect the Town's network and computers, restrictions have been placed on external drives including USB hard drives and flash drives, and the following guidelines should be followed to enhance security. In addition, files written to or copied from such devices may be logged and audited to ensure compliance with policy. Software may not be executed from external and USB hard drives and flash drives. Confidential files or files with sensitive data should be encrypted when saved on removable drives to protect the contents in the event the device is lost or stolen. Any removable or USB drive should be scanned for malicious code and viruses prior to use. Support Software compatible with installed operating system, client, application and system configuration standards for workstations and/or file servers will be supported by the Information Technology Helpdesk. Uninstalling Software Unauthorized removal of software from Town computers is prohibited. Software removals should not be performed without the authorization of, assistance of, or performance by, Information Technology support personnel. IT reserves the right to uninstall or remove any software found to be causing a negative impact on the workstation, the Town's enterprise network, or any Internet/Intranet/Extranet-related systems. User Responsibilities Each User is individually responsible for reading, understanding, and adhering to all licenses, notices, and agreements in connection with software that they cause to be acquired, copied, transmitted, or used or seeks to acquire, copy, transmit, or use. IT will provide all necessary copies of such licenses. If a computer must be reconfigured or replaced and it contains software that has been licensed specifically for that computer, the user should notify Information Technology of such installation to ensure the software is reinstalled, tested and documentation of the installation location is updated. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 128 Shareware Software It is the policy of the Town to pay shareware authors the fee they specify for use of their products. Registration of shareware products will be handled the same way as outlined above. Software Games The installation of computer games on Town computers is prohibited unless there is a Town business or service justification. Games packaged with the operating system installation (e.g. FreeCell, Minesweeper, Pinball, and Solitaire) are included in the workstation image and are exceptions. However, IT reserves the right to remove these games. Software Games that impact network resources are strictly forbidden. Screensavers and Wallpaper Screensaver and wallpaper software are permissible only after the Software Policy procedures to purchase (commercial and/or shareware), license, register and install have been applied. Decompiling software No User shall decompile, disassemble, or reverse -engineer any software. Transfer of Software No User may sell, rent, sublicense, lend, transmit, distribute, give, or otherwise convey or make available Town -owned software or an interest therein to any unauthorized individual or entity. Audits The Information Technology Division will conduct audits of all PCs, including portables, to ensure that the Town is in compliance with all software licenses. Audits will be conducted using an auditing software product or through manual inspection. Enforcement 1. A Town user who makes, acquires, or uses unauthorized copies of software will be subject to disciplinary action up to and including termination. 2. The Town does not condone the illegal duplication of software and will not tolerate it. Any doubts concerning whether any employee may copy or use a given software program should be addressed with IT Helpdesk. 3. Any User who suspects an incident of noncompliance with the Software Policy by another User shall promptly notify the Information Technology Division. 4. The Town, through its department directors and Information Technology Division, reserves the right to review an employee's use of Town -provided information technology services, such as but not limited to, Internet, LAN, on-line services, telephone and e-mail use to determine whether the system's use is appropriate and conforms to this policy. 5. If an employee is found violating the sections of this policy, the Department Director together with the Chief Technology Administrator may remove the employee's access to the Town's computer network resources. 6. Any employee who fails to abide by this policy may be subject to disciplinary action up to and including termination. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 129 802. Audit of Information Systems PURPOSE: To provide the authority for members of Town' Information Technology team to conduct a security audit on any computer or communication system (hardware or software) at the Town. Audits may be conducted to: 1. Ensure integrity, confidentiality and availability of information and resources. 2. Investigate possible security incidents. 3. Monitor user or system activity. 4. Enforce information system policies. SCOPE: This audit policy covers any equipment owned, leased or otherwise possessed by the Town, including, but not limited to all of the following devices: 1. hand-held devices (iPhone, iPad, etc.) 2. computers (desktop and laptops) Communication devices, including but not limited to: 1. telephone and voicemail system 2. network hardware (routers, printers, firewalls, etc.) 3. other wireless devices, including pagers Employees should be aware that loading Town programs or property on their own personal devices may result in public record information being on those devices and creating a Town interest in those devices to the extent such information is present. The use of personally -owned information and communication devices for Town business is discouraged unless a department head and the Chief Technology Administrator determine there is a necessary business use for such equipment. POLICY: When requested, and for the purpose of performing an audit, any access needed will be provided to members of Town' Information Technology team. This access may include: 1. User level and/or system level access to any computing or communications device. 2. Access to information (electronic, hardcopy, etc.) that may be produced, transmitted or stored on Town equipment or premises. 3. Access to work areas (labs, offices, cubicles, storage areas, etc.). 4. Access to interactively monitor and log traffic on Town networks. Enforcement The Town, through its department directors and Information Technology Division, reserves the right to review an employee's use of Town -provided information technology services, such as but not limited to, Internet, LAN, on-line services, telephone and e-mail use to determine whether the system's use is appropriate and conforms to this policy. If an employee is found to be violating sections of this policy, the department director together with the Chief Technology Administrator, may remove the employee's access to the Town's computer network resources. Any employee who fails to abide by this policy may be subject to disciplinary action up to and including termination. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 130 803. Workplace Monitoring PURPOSE: To ensure quality control, employee safety, security, and customer satisfaction. SCOPE: This policy applies to employees, contractors, consultants, temporary employees, and other workers at the Town, including all personnel affiliated with third parties. This policy applies to all equipment that is owned or leased by the Town. POLICY: Computers furnished to employees are the property of the Town. As such, computer usage and files may be monitored or accessed. Video Monitoring The Town conducts video monitoring from time to time, which may include employee work actions, including facility security cameras, vehicle cameras, and body cameras. All employees are to be familiar with and refer to the camera -related operational procedures in the respective departments, if applicable. 804. Social Media PURPOSE: This Policy is intended to provide authorized employees with a framework for use of social media as part of an authorized employee's job duties. This policy also provides general guidelines for the personal use of social media by all employees. SCOPE: This Policy applies to all authorized employees that contribute to any kind of social media platform. POLICY: The Town may utilize authorized social media platforms to further enhance communications with the public in support of Town operations. Personal Use of Social Media as it relates to the Town of Fountain Hills 1. Employees shall not use their Town -issued e-mail address for their primary username or login for personal social media profiles and/or platforms. 2. Use of social media for personal use should in no way interfere with job duties. Time spent on social media sites shall be limited to personal break times. 3. If an employee identifies themselves as a Fountain Hills employee during their personal use of social media, the employee shall clearly indicate they are speaking on their own behalf and not on behalf of the Town. The employee's social media profile and any related content should be consistent with how the employee wishes to present themselves to co-workers, colleagues, supervisors, and the public. It is recommended that a disclaimer be used as follows: "The opinions expressed on this site are my own and do not reflect the opinions of the Town of Fountain Hills." 4. Employees are discouraged from sending or accepting social media friend requests to or from their supervisors. 5. Employees are prohibited from revealing confidential information about Fountain Hills, its employees, customers/residents, or internal discussions. 6. Posting any Fountain Hills photograph, digital image or video/audio recording is strictly prohibited. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 131 7. Use of social media platforms to harass, threaten, libel or slander, malign, defame or disparage, or discriminate against the Town, its employees, patrons, vendors or suppliers, any organizations associated with or doing business with the Town, or any members of the public is prohibited. 8. The use of the Town's logo or trademarks; or the name, logo, or trademarks of any business partner, supplier, vendor, affiliate on any personal blogs or other online sites without prior authorization is prohibited. Business Use of Social Media for Town Purposes 1. Each Town social media platform account is the sole proprietorship of Fountain Hills. Employees who are authorized to post content on behalf of the Town do not own the accounts. 2. The Community Relations Director is to be an authorized user on all Town social media accounts. 3. All Town related communication through social media platforms shall be professional in nature and conducted in accordance with Town policies and Communications Department procedures. 4. Use of all social media platforms shall adhere to applicable state, federal, local laws, and regulations, including copyright and trademark infringement laws. In addition, all social media platforms shall adhere to this Policy. 5. The Town reserves the right to restrict or remove any content that it deems in violation of this Policy or any applicable law. 6. Social media posts should be treated as an extension of the Town's official website. Content on Town Social Media Accounts Comments must follow all Town policies and federal law and regulations. The following social media content is prohibited on Town social media platforms: 1. Content containing graphic, obscene, explicit, or racial comments or submissions, and comments that are abusive, or intended to defame any individual or organization. 2. Content containing solicitations or advertisements, including promotions or endorsements of any financial, commercial, or non -governmental agency. 3. Content that attempts to defame or defraud any financial, commercial, or non -governmental agency. 4. Content that suggests or encourages illegal activity, including comments that infringe on copyrights or trademarks. 5. Content that promotes political purposes or a political candidate/party. 6. Content that promotes or endorses a specific religious organization. 7. Content that is repetitive. 8. Content containing confidential or proprietary information about the Town or its employees. 9. Content containing information that may compromise safety and security. 10. Content containing non -topically related content outside the limited public forum established to discuss Town issues, operations and services. 11. Content that makes false statements or provides false information. 12. Content containing a picture or video without prior written consent by all those in the picture or video. 13. Care should be taken not to promote one contractor or business over another or provide preferential treatment of any kind. 14. References or employment recommendations for current or former employees of the Town is prohibited. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 132 Employees found in violation of this Policy may be subject to disciplinary action, up to and including termination of employment. Employees shall report any potential violations of this Policy to Human Resources. The Town prohibits taking retaliatory action against any employee for reporting a possible deviation from this policy or for cooperating in an investigation. Any employee who retaliates against another employee shall be subject to disciplinary action, up to and including termination. 805. Cellular Devices PURPOSE: To minimize personal cell -phone usage during worktime. SCOPE: This Policy applies to all employees who have a cellular device. POLICY: While at work, employees are expected to exercise the same discretion in using cellular devices as is expected for the use of Town devices. Excessive personal calls, texting, social media, browsing during the workday, regardless of the device used, can interfere with employee productivity and be distracting to others. A reasonable standard the Town encourages is to limit personal usage during work time. Non -business -related cell usage is prohibited during vehicle operation activities. The Town will not be liable for the loss/damage of personal devices brought into the workplace. Cameras Use of Camera phones to take photographs may violate the privacy rights of co-workers, vendors, and residents/customers and may also be used to convey confidential information or undermine Town operations. To protect the privacy interests of individuals, no person may use a cell phone to capture, record, or transfer a representation of a nude or partially nude person in a rest room, locker room, or living quarters (fire department). Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 133 OTHER WORKPLACE POLICIES 900. Personnel Files PURPOSE: To establish procedures for the creation and maintenance of personnel records for the Town. SCOPE: This policy applies to all employees and all personnel records. POLICY: The Town of Fountain Hills maintains a personnel file on each employee. The personnel file includes such information as the employee's job application, resume, records of training, documentation of performance appraisals and salary increases, and other employment records. Because the information in a personnel file is personal by nature, the Town keeps these files as confidential as possible. The Town does not keep medical records nor work eligibility records in the personnel file, as this information must be kept in a separate secure place. Personnel files are housed in the Human Resources office and are the property of the Town. Employees may inspect their official personnel file at reasonable times upon reasonable notice. Personnel File Access Town employees have a right to expect that their personal information will be held in strictest confidence and that only authorized persons will have access to the information. Regardless of the position for which an employee was hired, they are entrusted with the responsibility to maintain fellow worker's rights to confidentiality. The release of any information to unauthorized individuals is a breach of this policy and will be cause for disciplinary action up to and including termination. Access to the personnel files of Town employees is controlled as follows: Employees who wish to review their own file should contact the Deputy Town Manager/Administrative Services Director with reasonable notice. 1. The immediate supervisor or Department Head may examine, in the Human Resources Office upon reasonable notice, the personnel file of any employee under their supervision or being considered for a position under their supervision. 2. The Town Manager may examine any employee's personnel file at any time. 3. Any individual who has written authorization from the employee to review the personnel file may do so (e.g., officials of an agency to which the employee has applied). 4. An employee's personnel file may be examined upon request by an investigator of a state or federal law enforcement agency with a valid legal reason for such examination. 5. An employee's personnel file may be duly subpoenaed in a legal action. 6. The home addresses and telephone numbers of Town employees are not public information and will not be released without the written consent of the employee. Pursuant to A.R.S. §39-121 et. seq., any person may request to examine or be furnished copies of any public record. The Town of Fountain Hills' policy prohibits the disclosure of confidential personal information about an employee without the employee's written consent. Human Resources will release an employee's personnel file for viewing for production to outside sources only after a review has been Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 134 performed on the file to ensure that any confidential information such as birth date, social security number, home address, home phone number, spouse/dependent and medical information is redacted to the extent legally required prior to viewing it. 901. Reference Inquiries PURPOSE: To provide guidelines on the Town's response to reference checks and/or inquiries of current or prior employees of the Town. SCOPE: This policy applies to all Town employees. POLICY: The Town will not respond to reference checks/inquiries from other employers or financial institutions without a written authorization and release (Employee Authorization to Release Reference Information Form) signed by the individual who is the subject of the inquiry. Responses to such inquiries will be limited to factual information that can be substantiated by official Town records to include dates of employment and job title. All inquiries are to be directed to Human Resources for official response. The only exception to the above statement is that Human Resources may release salary information to credit institutions when the request for salary information is made in writing and the employee authorizes release of the information. 902. Bulletin Boards PURPOSE: To establish guidelines for use of Town bulletin boards for the purpose of employee communication. SCOPE: This policy applies to all Town employees. POLICY: To maintain an effective avenue for communicating with our employees, the Town may, from time to time, utilize bulletin boards or post notices. The bulletin boards are located in the break room in order to ensure that employees have constant access to posted information. Town bulletin boards are used to communicate mandatory workplace posters. They can also be used to communicate information regarding policies and announcements, including, but not limited to, job postings, safety rules, health items, benefit programs, and notices announcing special events. Most of the information, however, will also be communicated electronically via email. Employees may not tamper with these bulletin boards or postings in any manner. Employees may not post material on bulletin boards without the approval of Town Administration or the Fire Chief for Fire Department locations. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 135 903. Solicitation PURPOSE: To establish a policy concerning solicitation in the workplace. SCOPE: This policy applies to all Town employees. POLICY: In order to prevent disruption of operations, it is the Town of Fountain Hills policy that there shall be no solicitation during working time. All employees should accomplish their work and not interfere with other employees trying to perform their work. Therefore, the following rules shall apply: 1. No employee may engage in solicitation, nor may any employee willingly accept solicitation on behalf of any club, society, religious organization, political party, or similar association, or for any other purpose, during actual working time of either the solicitor or the person being solicited. "Actual working time" means the time during which an employee is required to be performing work duties; working time does not include the time before the employee's scheduled workday begins, the time after the employee's scheduled workday ends or the employee's break or lunch period. 2. No employee, nor individuals who are not employees, may solicit or distribute materials on Town premises, company vehicles, or personal vehicles. 3. Nothing herein shall be interpreted or applied to interfere with an employee's rights under the National Labor Relations Act. No literature shall be posted anywhere on the premises without the authorization of Town Administration. Solicitation and/or distribution of materials on Town property by persons not employed by the Town is prohibited at all times. 904. Office Decor PURPOSE: To provide guidelines on office decor to establish a positive and professional environment for all employees and visitors. SCOPE: This policy applies to all Town employees. POLICY: All employees are expected to contribute to a professional atmosphere and work environment. Our employees, customers, residents, and businesses deserve impressive public facilities. Office decor should reflect a pleasant working environment for everyone, while at the same time allowing some freedom of expression within individual work areas. Reasonable judgment shall govern the types of quantity of work -related information and personal effects which will be displayed within individual workspaces and common use areas. Employees are required to adhere to the following: Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 136 1. Secure both their department director and facilities division approval for hanging items on walls. Facilities division staff should be requested to hang items on walls. Appropriate items to display include tasteful artwork, diplomas, awards, plaques, Town related items, etc. 2. All pictures or items for display must be framed or on a bulletin board. 3. All decor must meet safety standards and minimize deterioration of the furniture or buildings. Prohibitions 1. Using tape, magnets, staples, or tacks is prohibited, unless out of view, and is not unsightly or destructive to furniture. This would include any quick reference material such as phone number lists, referral lists, etc. which should be displayed in the most professional manner available. 2. Displaying any item that may cause others to be uncomfortable or may fmd to be offensive. 3. Hanging items from the ceiling or safety features. Nothing in this policy is intended to restrict rights under the National Labor Relations Act. Town of Fountain Hills Personnel Policy Manual — Amended and Restated December 2023 137