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HomeMy WebLinkAbout11440RESOLUTION NO. 11440 A RESOLUTION ADOPTING AN EMPLOYEE HANDBOOK FOR THE PUEBLO REGIONAL BUILDING DEPARTMENT AND RESCINDING RESOLUTION NO. 8495 WHEREAS, the Intergovernmental Agreement between the City of Pueblo and County of Pueblo, Colorado, which created the Pueblo Regional Building Department, requires that the City Council and the Board of County Commissioners approve and adopt a set of personnel policies before they can be implemented by the Regional Building Commission; and WHEREAS, Resolution No. 8495, passed and approved on August 24, 1998, approved Employee Guidelines for the Regional Building Department; and WHEREAS, An updated Employee Handbook is necessary in order to comply with Federal and State employment laws; and WHEREAS, the Pueblo Regional Building Commission has approved the updated Employee Handbook and recommends adoption by the City Council and Board of County Commissioners; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1: The Employee Handbook of the Pueblo Regional Building Department, copies of which have been previously distributed to the City Council and are on file with the Pueblo Regional Building Department are hereby approved with such effective date as the Pueblo Regional Building Commission shall determine. .qFr.TinN 9 Resolution No. 8495 is hereby rescinded. BY Vera Ortegon Councilperson PRt ATTESTED aY { CLERK INTRODUCED October 14, 2008 µ — �9 LJ ....... ..e. _..,. Background Paper for Proposed RESOLUTION DATE: October 14, 2008 AGENDA ITEM # 24 DEPARTMENT: Pueblo Regional Building Department David Vaughn, Executive Director TITLE A RESOLUTION ADOPTING AN EMPLOYEE HANDBOOK FOR THE PUEBLO REGIONAL BUILDING DEPARTMENT AND RESCINDING RESOLUTION NO. 8495 ISSUE Should City Council adopt an updated Employee Handbook for the Pueblo Regional Building Department? RECOMMENDATION The Pueblo Regional Building Commission has reviewed and approved an updated Employee Handbook and recommends approval of the Resolution. BACKGROUND The Intergovernmental Agreement between the City of Pueblo and Pueblo County, which created the Pueblo Regional Building Department in 1981, requires that the City Council and the Board of County Commissioners approve and adopt a set of personnel policies before the Building Commission can implement them. Resolution No. 8485, passed and approved on August 24, 1998, approved Employee Guidelines for the Regional Building Department; however, the updated handbook is necessary in order to comply with Federal and State employment laws. FINANCIAL IMPACT None a ED REGIONAL BUILDING EM PL HANDB0OK WFUIT-MAY "Mil I TABLE OF CONTENTS Purpose Page 3 From The Building Official Page 4 FUN _ 6 0191► 1 Introduction Page 5 Equal Employment Opportunity Page 5 ADA Accommodation Page 5 Unlawful EEO Haraassment Page 6 Sexual Harassment Page 6 EEO /Sexual Harassment Complaint Procedure Page 6 Employee Status Page 7 EMPLOYEE BENEFITS Group Insurance Page 7 Retirement Benefits Page 7 Health, Dental and Vision Page 7 Life Insurance/Accidential Death & Dismemberment Page 8 Long Tern /Short Term Disability Page 8 LEAVE Holidays Page 8 Personal Leave Page 8 Sick Leave Page 9 Vacation Page 9 Injury Leave Page 10 Funeral Leave Page 10 Jury Duty Page 10 Medical Leave Page I 1 Military Leave Page 12 Non - Medical Leave Page 12 Voting Page 12 I�\`I Work Schedule Page 12 Overtime Page 12 Salary for Exempt Employees Page 13 Employee Performance Evaluations Page 14 Training Page 14 WORK ENVIRONMENT Alcohol and Drugs Page 14 Anti- Violence Page 14 Attendance and Punctuality Page 15 Communication Systems Page 15 Software and Copyright Page 15 Unauthorized Use Page 15 E -Mail Page 15 Voice Mail Page 16 Telephones and Cell Phones Page 16 1 Confidential Information Page 16 Conflict of Interest Page 16 Discipline/Discharge Page 16 Problem Solving/Appeals Page 17 Dress Code Page 17 Inspections Page 17 Safety/Reporting of Injury Page 18 Smoking Page 18 Separation of Employment Page 18 Layoff and Recalls Page 18 Nepotism Page 18 Gifts Page 18 Driver's License Page 19 ACKNOWLEDGMENT OF RECEIPT Page 20 E This handbook is designed to acquaint employees with the department -and some information about working here. The handbook is not all inclusive, but is intended to provide employees with a summary of some of the department's guidelines. This edition replaces all previously issued editions. Employment with pueblo regional building department is at -will. Employees have the right to end their work relationship with the department, with or without advance notice for any reason. The department has the same right. The language used in this handbook and any verbal statements made by management are not intended to constitute a contract of employment, either express or implied, nor are they a guarantee of employment for a specific duration. No representative of Pueblo Regional Building Department, other than the building official of the department, has the authority to enter into an agreement of employment for any specified period and such agreement must be in writing, signed by the building official and the employee. No employee handbook can anticipate every circumstance or question. After reading the handbook, employees that have questions should talk with their immediate supervisor or the assistant building official. In addition, the need may arise to change the guidelines described in the handbook. Except for the at -will nature of the employment, the building commission therefore reserves the right to interpret them or to change them without prior notice. From The Building Official Welcome to Pueblo Regional Building Department. My goal is to assist employees in becoming acquainted with our Department goals and services as soon as possible. This handbook serves as one of many tools to assist employees in becoming familiar with our Department guidelines, practices and necessary information. The Assistant Building Official is available to respond to employees' questions so that employees may be clear on the Department's expectations and avoid misinterpretations. Mission Statement - The Pueblo Regional Building Department is dedicated to promoting and preserving building safety through professional and courteous service. The purpose of the Department is to educate the public, enforce minimum building code standards through teamwork and personal pride, and to enhance the relationship with the public and the building community. I want to thank you for joining our Department and becoming a member of our team. David C. Vaughn Building Official 4 EMPLOYMENT SECTION 1. INTRODUCTION Legislation: By legislative action of the City Council of the City of Pueblo (City) and the Board of County Commissioners of Pueblo County (County), the Pueblo Regional Building Department (Department) was established as a separate legal entity under the Colorado Intergovernmental Relationships Act, Section 29 -1 -201, Colorado Revised Statutes. Purpose: The Department administers and enforces the building, construction, and contractors' licensing and administrative codes of the City and the County. The Pueblo Regional Building Commission (Commission) is appointed by the City and County and is responsible for providing the general supervision and administration of the Department and establishing Department guidelines. The Commission by the budgetary process regulates the number of positions, salary schedule, functions and duties of the employees. The Building Official of the Department is appointed by and serves at the discretion of the Commission. The Building Official is subject to the general supervision of the Commission and acts as the chief executive and administrative officer of the Department. The Building Official supervises all Department employees. In addition to enforcing the building and licensing codes, the Department is also established to protect the public and assist architects, engineers, contractors and other persons requiring such assistance in issuing building permits and securing compliance with applicable building and life safety codes. Intent: These guidelines are subject to change as provided in City-County Agreement which created the Department. Therefore, these guidelines are neither intended nor to be construed as a contract between the Department and any of its employees. These guidelines describe the general philosophy of the Commission on personnel guidelines and procedures. The following provisions are meant to be flexible guidelines, and not rigid rules to be applied to every employee in each situation that may arise. SECTION 2 EQUAL EMPLOYMENT OPPORTUNITY The Department is dedicated to the principles of equal employment opportunity in any terra, condition, or privilege of employment. We do not discriminate against applicants or employees on the basis of age, race, sex, color, religion, national origin, disability, or any other status protected by state or local law. The Department prohibits retaliation against an employee for filing a complaint under this policy or for assisting in a complaint investigation. If you perceive retaliation for making a complaint or your participation in the investigation, please follow the complaint procedure outlined below. The situation will be promptly investigated. SECTION 3 ADA ACCOMMODATION The Department will make reasonable accommodation for qualified individuals with known disabilities unless doing so would result in an undue hardship to The Department. This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination and access to benefits and training. SECTION 4 UNLAWFUL EEO HARASSMENT The Department is committed to maintaining a positive working environment free of unlawful harassment and which is sensitive to the diversity of its employees. In doing so, the Department prohibits sexual harassment and harassment because of age, race, sex, color, religion, national origin, disability, or any other legally protected status. Unlawful harassment includes verbal or physical conduct that has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. Actions based on an individual's race, color, national origin, religion, disability, or any other legally protected characteristic will not be tolerated. Prohibited behavior includes but is not limited to the following: • Written form such as cartoons, e-mail, posters, drawings, or photographs. • Verbal conduct such as epithets, derogatory comments, slurs, or jokes. • Physical conduct such as assault, or blocking an individual's movements. This policy applies to all employees including managers, supervisors, co- workers, and non- employees such as customers, clients, vendors, consultants, etc. SECTION 5 SEXUAL HARASSMENT Because sexual harassment raises issues that are to some extent unique in comparison to other harassment, the Department believes it warrants separate emphasis. The Department strongly opposes sexual harassment and inappropriate sexual conduct. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when: • Submission to such conduct is made explicitly or implicitly a term or condition of employment. • Submission to or rejection of such conduct is used as the basis for decisions affecting an individual's employment. • Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. All employees are expected to conduct themselves in a professional and businesslike manner at all times. Inappropriate sexual conduct that could lead to a claim of sexual harassment is expressly prohibited by this policy. Such conduct includes, but is not limited to, sexually implicit or explicit communications whether in: • Written form, such as cartoons, posters, calendars, notes, letters, e-mail. • Verbal form, such as comments, jokes, foul or obscene language of a sexual nature, gossiping, or questions about another's sex life, or repeated unwanted requests for dates. • Physical gestures and other nonverbal behavior, such as unwelcome touching, grabbing, fondling, kissing, massaging, and brushing up against another's body. SECTION 6 EEO /SEXUAL HARASSMENT COMPLAINT PROCEDURE If you believe there has been a violation of the EEO policy or harassment based on the protected classes outlined above, including sexual harassment, please use the following complaint procedure. The Department expects employees to make a timely complaint to enable the 0 Department to promptly investigate and correct any behavior that may be in violation of this policy. Report the incident to the Assistant Building Official or the Office Manager. who will investigate the matter and take appropriate corrective action. Your complaint will be kept as confidential as practicable. If you feel you cannot go to either of these individuals with your complaint, you should report the incident to the Building Official. If the Department determines that an employee's behavior is in violation of this policy, appropriate disciplinary action will be taken against the offending employee, up to and including termination of employment. SECTION 7 EMPLOYEE STATUS Full time Employee - an employee normally scheduled to work at least 40 hours per week. Full time employees are currently eligible for Department benefits. Part time Employee - an employee normally scheduled to work at least 32 hours or less than a 40 -hour workweek. Part time employees are currently ineligible for Department benefits. Temporary Employee - an employee who is hired in a job established for a temporary period or for a specific assignment. Temporary employees are currently ineligible for Department benefits. Exempt Employee - an employee who is not eligible for overtime pay. Non - exempt Employee - Non - exempt employees are eligible for paid overtime at one and one- half times their regular rate of pay for all hours worked in excess of 40 hours per workweek. EMPLOYEE BENEFITS SECTION 8 GROUP INSURANCE Upon employment, full time employees are currently eligible to participate in retirement, group medical, dental, vision, life, accidental death/dismemberment, and disability insurance programs. Participation is subject to individual insurance programs and are subject to change at the discretion of the Commission. SECTION 9. RETIREMENT BENEFITS The Department is exempt from and does not contribute to Social Security. The Department offers a retirement plan in which all regularly employed employees must participate. The plan is administered by a professional retirement plan administrator. The Department contributes an amount equal to the current FICA rate. Also, the Department will match on 1:2 basis any additional amount contributed by any employee to the retirement plan up to a maximum additional amount of 4 %. Please see the Office Manger for further information and plan details. SECTION 10. HEALTH, DENTAL AND VISION INSURANCE Currently the Department offers health, dental and vision insurance for eligible employees and their eligible dependents. Please see the Office Manger for further information and plan details. SECTION 11. LIFE INSURANCE /ACCIDENTAL DEATH AND DISMEMBERMENT Currently the Department provides group term life insurance for all eligible employees. The Department will provide accidental death and dismemberment insurance; terms of the policy shall be governed by the policy carrier. Please see the Office Manger for further information and plan details. SECTION 12. LONG TERM — SHORT TERM DISABILITY Currently the Department will provide a short term and long term disability policy for eligible employees. The policy applies to sick and injury leave. Terns of the policy are governed by the disability carrier. Certain conditions do apply to job related injuries or illness. (See Section 24, Injury Leave for conditions). For further information and plan details contact the Office Manager. LEAVE SECTION 13 HOLIDAY LEAVE Currently the following holidays are observed by the Department: New Years Day Memorial Day Independence Day Labor Day Thanksgiving Day & the day after Thanksgiving Christmas Day In addition to the above listed holidays, each employee will be granted two (2) flexible holidays to be taken on any of the five following holidays: Martin Luther King Day Presidents Day Good Friday Columbus Day Christmas Eve These days will be scheduled by the employee with the approval of the Building Official to maintain staff for operating during these holidays. Employees must be at work or on paid leave the day before and the day after a scheduled holiday to be paid for the holiday. Employees on paid leave when a holiday occurs shall not have that day charged as paid leave, but will receive holiday pay for that day. SECTION 14 PERSONAL LEAVE Each regular full time employee of the Department is allowed up to two days paid personal leave which may be used in case of emergency or upon approval of the Building Official. Such leave must be applied for in writing, in advance when possible, and will not accumulate from year to year. 1] SECTION 15 SICK LEAVE Full time, non - exempt employees currently are credited eight hours of sick leave pay for each full month worked. Maximum accrual of sick leave shall not exceed 90 days. Upon separation from employment, employees will not be paid for any accrued sick leave that is fewer than thirty days. Employees will be paid only for accrued sick leave of more than thirty days and fewer than ninety days (for a maximum possible total of sixty days). Sick leave shall be granted to an employee for his or her own illness. Sick leave is also granted for illness of an employee's family which requires the employee's absence. An Employee on sick leave for more than 16 working hours may be required to submit, upon return to work, a physician's statement of the employee's illness and the employee's fitness to return to work. When unable to report to work due to illness, employees must give their supervisor as much advance notice as possible before the start of their shift. SECTION 16 VACATION LEAVE Full time employees accrue annual leave after the date of hire but are not eligible to receive until one full year of service: Years Completed Vacation Days Per Year 0 -5 Years 10 Days 6 -9 Years 1 Day Added Per Year 10 Years 15 Days 20 Years 20 Days (Maximum) Annual leave earned during periods of leave with pay, such as worker's compensation, will be credited only when the employee returns to work on a full time basis. Vacation will not be used in advance of accrual. Annual leave may be taken only when authorized by the Building Official. The Building Official may establish periods during which no annual leave may be taken. The Building official will periodically inform eligible employees of their accumulated annual leave. We encourage employees to use all their earned vacation each year. Employees may carry over unused vacation into the next anniversary year. However, the maximum vacation that employees may accumulate is 120 hours. At the employee's written request, the Building Official, in writing, may approve accrual of annual leave for up to two years or 240 hours, whichever is less. At no point can the carry over, plus the new vacation, exceed this cap. As a result, the amount of vacation that employees may be granted each anniversary date might be limited by the amount 0 carried over. Upon separation from employment, payment for unused annual leave will be at the employee's rate of pay on the employee's last working day. SECTION 17 INJURY LEAVE Job related Injury: Any employee who becomes incapable of performing his or her normal duties as a result of an injury or illness incurred within the scope of the employee's employment shall be deemed to be on injury leave until he or she is able to resume his or her normal duties, or any substitute duties as the circumstances may allow. An employee on injury leave, whether full or part time, shall receive from the date of injury, full compensation including benefits from the Department for one full year. Injured employee will surrender any Workers' Compensation checks and any short-term disability checks or long -term disability checks. After one year from date of injury, employee may be terminated. At that time the employee shall retain Workers' Compensation and long -term disability checks. Injury leave will be authorized only in cases in which: 1. An accident report form has been completed as required by state law. 2. An employee has provided a written statement from a designated physician concerning the employee's treatment and inability to return to work. 3. All Department guidelines relating to injury leave are complied with fully. An employee may be denied injury leave if it is determined the injury was not job related. SECTION 18 FUNERAL LEAVE Full time employees are currently eligible for paid leave of up to three days to attend the funeral of an immediate family member. Immediate family is defined as the employee's spouse, parents, children, sisters, brothers, grandparents, grandchildren, mother and father -in -law. In the event of a death of a near relative, full time employees are currently granted up to one paid day to attend a funeral. Near relatives, include the employee's aunts, uncles, nieces, nephews and their spouse's grandparents, brothers, sisters, and other close relatives. If more time off is needed than provided above, other leave may be granted upon the approval of the Building Official. SECTION 19 JURY DUTY The Department recognizes jury duty as a civic responsibility for everyone. When summoned for jury duty, an employee will be granted leave to perform their duty as a juror. If the employee is excused from jury duty during their regular work hours, they are expected to report to work promptly. Employees' receive regular pay for the first three days of jury duty if they were scheduled to work and a juror service certificate is submitted. 10 Beginning the fourth day and thereafter, employees as a juror are paid $50.00 per day by the State of Colorado for state district or county court jury duty. For jury duty in excess of three days employees, receive the difference between jury duty pay and their regular pay up to a maximum of 10 days (80 hours). Jury duty leave beyond this time is without pay from the Department. SECTION 20 MEDICAL LEAVE A medical leave of absence of not more than three months may currently be granted to full time employees. This unpaid leave is for absences arising from illness, injury or pregnancy. For a medical leave to be granted, the following conditions must be met: • The employee has completed ninety (90) days of employment with our Department. The Building Official is notified by the employee as soon as possible of the need for medical leave. • The employee submits to the supervisor a written statement from the attending physician outlining the reason for leave and the estimated time needed. (The Department reserves the right to obtain a Department doctor's opinion.) Approvals are obtained from the Building Official prior to the leave. All available sick leave and earned vacation are used at the beginning of the leave of absence. When the estimated period of leave is less than three months, and an employee needs to extend the leave, another doctor's statement is required indicating the new estimated length of leave. An employee ready to return to work from leave must present a doctor's statement indicating ability to return to work. The Department may reinstate an employee ready to return from a medical leave of absence when, in the opinion of the Department, it is practical to do so. The Department does not guarantee reinstatement of an employee to the former job. When the employee is available to return to work, the employee is free to apply for any vacancy available and may be considered along with other applicants. The Department currently continues medical and life insurance benefits for an employee on leave for a maximum of three months as long as the employee continues to pay the employee's portion of the premium. Vacation and sick leave will not accrue during a medical leave of absence. Holidays, funeral pay or employer's jury duty pay will not be granted during the leave. Employees who fail to return at the expiration of their authorized leave will be terminated. Non -Job Related Injury: Employee may use compensatory time, sick or annual leave to cover injury leave. Employee may be terminated after all accrued leave has been used. An employee may qualify for short-term and long -term disability benefits as governed by the disability carrier. 11 SECTION 21 MILITARY LEAVE Employees granted a military leave of absence are re- instated and paid in accordance with the laws governing veteran's re- employment rights. SECTION 22 NON - MEDICAL LEAVE If, on rare occasions, the circumstances warrant approval, an unpaid leave for non - medical reasons may be granted for not more than 30 days. SECTION 23 VOTING Voting is an important responsibility we all assume as citizens. We encourage employees to exercise their voting rights in all municipal, state and federal elections. Under most circumstances, it is possible for employees to vote either before or after work. If it is necessary for employees to arrive late or leave work early to vote in any election, employees should arrange with their supervisor no later than the day prior to Election Day. PAY SECTION 24 WORK SCHEDULE Work Week: Our Department is normally open for business Monday through Friday, from 7:30 a.m. to 4:30 p.m. starting and ending times of your shift may change from time to time according to the needs of the Department. You may be required to work overtime. For purposes of calculating overtime, the workweek begins at 12:01 am. Sunday and ends at 12:00 midnight Saturday. Front office employees will be required to schedule their lunch hour between the hours of 11:00 a.m. and 2:00 p.m. The lunch hour schedule shall be effective Monday through Friday and shall be approved by the Building Official. For scheduling purposes two employees are required to work the counter during the lunch period. Alternate Work Week: The Building Official may require alternate work days or work times. Emergencies: The Building Official may adjust the work schedule for an unexpected occurrence fulfilling a statutorily required duty which demands immediate actions. An example of this is a building fire. Pay Periods: The regular pay periods for the Department will be the 15th day and the last day of each month. If the 15th or the last day of the month is on a Saturday, paychecks will be issued on the preceding Friday. If the 15th or the last day of the month is on a Sunday or a holiday Monday, paychecks will be issued on the following Tuesday. SECTION 25 OVERTIME All exempt employees will be paid a monthly salary. Exempt employees are not eligible for overtime. All non - exempt employees are entitled to earn overtime and will receive it when they work more than forty hours in a work week. Overtime will be compensated at one and one half times an employee's regular rate of pay for time worked in excess of forty hours or compensatory 12 time may be taken. Except in case of emergency, all overtime will be scheduled by the Building Official or the employee's supervisor. Choice of Overtime Pay or Compensatory Time: Overtime payment decisions will be guided by the requirements of applicable Federal Law. Only non - exempt employees can earn comp time. Requirement for Approval: The Building Official is authorized to require reasonable overtime work from all employees in an emergency situation or if there is an unscheduled event. All overtime, regardless of the manner of payment (cash at 1 1/2 times the regular rate of pay or compensatory time off at 1 1/2 times the overtime hours) must be approved in advance by the Building Official or his/her authorized representative. The employee's supervisor must approve, in writing, all overtime worked on a daily timekeeping form. Payment of Compensatory Time: Compensatory time shall be scheduled with the employee's supervisor. It must be taken within two months after it is earned or it will be paid in cash. If the employee leaves the Department for any reason with unused compensatory time, the employee will be paid in cash for such time. Limits of Compensatory Time Off: Compensatory time for all employees must not exceed 168 compensatory hours per employee per year. All overtime worked after the accumulation of 168 compensatory hours by a non - exempt employee must be paid for in cash. One hundred sixty- eight (168) hours of compensatory time represents 112 hours of actual time worked. SECTION 26 SALARY FOR EXEMPT EMPLOYEES It is our guideline to comply with the salary basis requirements of the FLSA. Therefore, we prohibit all company managers from making any improper deductions from the salaries of exempt employees. Deductions from salaries that are permissible: • Personal absences. Employers may deduct for full day absences for personal reasons other than sickness or disability. • Absences for illness or injury. Employers may deduct for full day absences due to illness or injury if bona fide sick pay /disability plans are in place. • Offsets. Employers may offset employees' pay for amounts received by the employee for jury fees, witness fees, or military pay. • Infractions of safety rules. Employers may deduct for penalties imposed when salaried employees violate safety rules of major significance. • Infractions of workplace conduct rules. Employers may suspend exempt employees without pay for full days for infractions of written workplace conduct rules. This deduction is meant to cover only suspensions for "serious workplace misconduct' ' such as sexual harassment or drug and alcohol violations. • First or last weeks of employment. Employers may make partial week payments during an employee's first or last weeks of employment. 13 If you believe that an improper deduction has been made to your salary, you should immediately report this information to your Supervisor. Reports of improper deductions will be promptly investigated. If it is determined that an improper deduction has occurred, you will be promptly reimbursed. SECTION 27 EMPLOYEE PERFORMANCE, EVALULATION Performance Appraisal: Evaluating employee job performance and providing feedback is an important factor in making employment - related decisions. Please contact and advise your supervisor or the Assistant Building Official if more than a year has passed since receiving formal feedback. SECTION 28 TRAINING All employees are expected to maintain and improve their capabilities in their field of expertise. The use of continuing education video tapes is encouraged. Where continuing education is necessary to maintain a license or certificate, the Department may grant leave with pay to attend such educational meetings. Other employees may request training or educational leave with pay. The Department, however, may also pay conference fees, a per diem allowance and travel expenses when education video tapes are unavailable. Please refer to the Department's Policies and Procedures Manual for the per deim rates and travel requirements. All requests shall be made to the Building Official whose decision is final. Continuing Education Requirements: The Building Official will establish the educational and training requirements for each employment position of the Department. Education and training requirements for each position must be completed annually. WORK ENVIRONMENT SECTION 29 ALCOHOL AND DRUGS Alert and rational behavior is required for the safe and adequate performance of job duties. Therefore, working after the apparent use of alcohol, a controlled substance or abuse of any other substance is prohibited. Furthermore, the possession, purchase, or consumption (use) or sale of a controlled substance or alcohol on Department premises or while conducting Department business is prohibited. SECTION 30 ANTI- VIOLENCE Our goal is to strive to maintain a work environment free from intimidation, threats, or violent acts. This includes, but is not limited to, intimidating, threatening or hostile behaviors, physical abuse, vandalism, arson, sabotage, use of weapons, carrying weapons on to Department property, or any other act, which, in the Building Official's opinion, is inappropriate to the workplace. In addition, bizarre or offensive comments regarding violent events and/or behavior are not tolerated. Employees should directly contact proper law enforcement authorities if they believe there is a serious threat to the safety and health of themselves or others. 14 SECTION 31 ATTENDANCE AND PUNCTULAITY All employees are expected to be punctual for showing up to work. In addition regular attendance is considered an essential function and is necessary for the efficient operation of the business. Employees that are going to be absent or late must contact their supervisor as soon as possible prior to the start of their shift. Leaving messages with other employees or on voice mail is not acceptable. Failure to call in when absent for three consecutive days will result in termination. SECTION 32 COMMUNICATION SYSTEMS The communication systems are property of the Department and intended for business use. Therefore, the Department maintains the ability to access any computer files, use of software, Internet usage, email and voice mail. Although employees may select individual passwords, employees should not assume that such files are confidential. However, other than management employees acting on behalf of the Department, employees should not attempt to gain access to another employee's computer, Internet files, email, or voice mail without the latter's permission. All information regarding access to the Department 's computer resources, such as user identifications, modem phone numbers, access codes, and passwords are Department confidential information and may not be disclosed to non - Department personnel. SECTION 33 SOFTWARE AND COPYRIGHT The Department licenses, and does not own the software it utilizes. Therefore, use of the software must be in accordance with the applicable Software Agreements or as directed by the Department's designated Software Manager. Employees must not use the Department's technology resources to copy, retrieve, forward or send copyrighted materials unless the employee has the author's permission. SECTION 34 UNAUTHORIZED USE Employees are not permitted to visit web -sites or send electronic mail that is deemed by management as inappropriate or in violation of other Department guidelines. We reserve the right to determine when an employee is using the Department communication systems inappropriately. Personal use of the internet must not disrupt the operation of the Department network or the networks of other users. It must not interfere with employees' productivity. SECTION 35 E -MAIL Because the Department provides the email system to employees to help them with the performance of their job, it should be used for official Department business. Incidental and occasional personal use of email is permitted. However, employees should be aware that these messages will be treated the same as business messages, and subject to review at any time without notice. Also, employees cannot control where their messages will ultimately end up. For example, a message meant for one person can be mistakenly sent to the wrong individual(s), or the message can be forwarded to unintended recipients. In addition, emails that were deleted are stored elsewhere on the system. 15 Employees should use discretion when sending emails. Do not write anything in an email message that is inappropriate to say to others face -to -face. SECTION 36 VOICE MAIL Employees are responsible to make certain their voice mail messages are reviewed in a timely fashion. When employees know that they are going to be out of the office for a day or more, they must leave messages on their voice mail stating when they will be returning messages, and who will be an alternative contact in the meantime. SECTION 37 TELEPHONES /CELL PHONES In the interest of good business practice, telephone calls, including those made with cell phones, must not interfere with employees' performance of their jobs. Personal use of the Department telephones for long distance is not permitted. The Department provides cell phones to those employees who need them to perform their jobs. Such phones are intended for business use. Therefore, personal calls should be limited to those absolutely necessary and should be brief, refer to Department policy for details. For safety reasons, employees should avoid the use of cell phones while driving. SECTION 38 CONFIDENTIAL INFORMATION Employees of the Department will have access to confidential information of the Department and our clients. Confidential information refers to any information that is not generally known to or accessible by the public. Disclosure of confidential information might seriously damage the Department's or clients competitive position and therefore such action will not be tolerated. This non - disclosure applies during and after an employee's employment. Any copying, reproducing, or distributing of confidential information in any manner must be authorized by management. Confidential information remains the property of the employer and must be returned to the Department on demand. SECTION 39 CONFLICT OF INTEREST No employee will engage in any other employment or activity which creates a conflict of interest or the appearance of impropriety with his or her duties as an employee of the Department. Employment with the Department will be the principal occupation of full time employees. If an employee wishes to engage in outside employment, the employee will first receive written approval from the Building Official. The employee must show the outside employment will not interfere with efficient performance of the employee's duties, nor will there be a conflict of interest or criticism directed to the Department. SECTION 40 DISCIPLINE Occasionally performance or other behavior falls short of our standards and/or expectations. When this occurs, supervisor will take action, which, in its opinion, seems appropriate. 16 Disciplinary actions can range from an informal discussion with the employee about the matter to immediate discharge. Action taken by the supervisor in an individual case does not establish a precedent for other circumstances. SECTION 41 PROBLEM SOLVING /APPEALS A. Problem solving Employees who disagree or are dissatisfied with a Department practice should promptly discuss the matter with their immediate supervisor, where appropriate. Normally, this discussion should be held within 1 -2 days of the incident, or in a timely manner. Discussions held in a timely manner will enhance our ability to resolve concerns while it's fresh in everyone's mind. The majority of misunderstandings can be resolved at this level. If the solution offered is not satisfactory, or if it is inappropriate to go to the supervisor, then employees are encouraged to take the problem to Assistant Building Official. If the problem still cannot be resolved, employees may submit a written complaint to the Building Official for review and final decision about the situation. B. Appeals Any disciplinary action, complaints, disputes or concerns regarding the interpretation or application of Department guidelines or the policies and procedures manual may be appealed to the Building Official. The appeal must be made within three working days after the action was taken. The Building Official will respond to the employee within five working days of receipt of the appeal. If away from the Department, the Building official will respond within five working days after the Building Official returns. Before any employee is discharged, the Building Official will provide a pre- termination hearing to give the employee an opportunity to respond to the reasons stated for the employee's discharge. If the employee is dissatisfied with the action or decision of the Building Official, the employee may appeal such decision or action to the Commission within 5 working days of receipt of the Building Official's action or decision. The commission will consider the appeal at its next regular monthly meeting and will give its decision within ten working days to the employee. The decision of the Commission shall be final. SECTION 42 DRESS CODE Employees will maintain an appropriate appearance that is businesslike, neat, clean and appropriate to the area in which the employee works. When on duty each employee shall wear a Department shirt that is supplied by the Department, refer to Department policy for details. Field inspectors may wear jeans that are in good condition. Field inspectors must wear a leather type or safety shoes at all times. Office staff may wear jeans in good condition only on casual Fridays. SECTION 43 INSPECTIONS We reserve the right to conduct searches and inspections of any employee or Department owned property without notice. Any employee who refuses to submit to a search will be subject to disciplinary action up to and including termination. 17 SECTION 44 SAFETY/REPORTING OF INJURY The Departments committed to a safe work environment for employees. Employees should report any unsafe practices or conditions to their supervisor. If employees are injured on the job, no matter how minor, they must within 24 hours report this fact in writing to Assistant Building Official. If medical treatment for an on-the-job injury is needed, it must be obtained from the Department's designated provider, refer to Department policy for details. If not, the employee may be responsible for the cost of medical treatment. SECTION 45 SMOKING It is our objective to provide a smoke -free environment within our Department. Smoking is prohibited in all areas of the building and in Department vehicles. This restriction applies to all employees and visitors, at all times, including non - business hours. SECTION 46 SEPARATION OF EMPLOYMENT We request that employees who wish to resign their positions notify the Department of their anticipated departure date and go over the "check out" procedures at separation (conversion of insurance, return of property, delivery of final paycheck, etc.) with the Assistant Building Official. SECTION 47 LAYOFF AND RECALLS An employee may be subject to a non - disciplinary involuntary separation through a layoff. Such separation may be due to factors such as shortage of funds, elimination of position, or lack of work. In such cases affected employees are given as much notice as practical. Employees may be considered for re- employment provided they qualify for the position of interest and while they were employed with the Department maintained satisfactory performance and attendance. SECTION 48 NEPOTISM In the interest of maintaining impartial employment practices, no employee shall be hired, promoted, demoted or rehired to a position in the Department where a relative is also employed, if one of the relative members is in a supervisory capacity. Employees who marry may continue employment so long as their spouse is not their immediate supervisor. When feasible, one of the married employees will be transferred to a different section of the Department. If this is not feasible, one of the married employees may be asked to resign. "Immediate family" is defined in Section 25 and includes adopted persons to those family relationships. SECTION 49 GIFTS No employee may accept a gift from any Department customer or a contractor that will in any way compromise his or her ability to carry out and implement the laws and rules under which the Department operates. No gift may be accepted that would advertise any customer or contractor, 18 or the product of any customer or contractor. A gift is anything that has intrinsic value to the giver or the recipient. SECTION 50 DRIVERS' LICENSES If a driver's license is a requirement for a given job, the employee must have a valid Colorado driver's license. Should the license be suspended or revoked for any reason: 1. The employee whose license is suspended or revoked must immediately notify his/her supervisor, who in turn will notify the Office Manager or Building Official. 2. The employee may be reassigned for the length of time the license is suspended or revoked for up to one (1) year. Employees who lose their license and such license is a requirement of the job, may be terminated by the Department. 3. If a vacancy is created because of reassignment, the position will be filled as provided by the Recruitment, Selection and Hiring process. 4. When the employee's license is reinstated, the employee will be allowed to apply for positions as they become available. 5. If an employee fails to notify his or her supervisor about the loss of a driver's license and drives a Department vehicle, the employee may be subject to immediate termination. 6. The Building Department will periodically check driving records of all the Department employees who are required to have a driver's license, as a condition of continued employment. 19 Acknowledgment of receipt I have received a copy of the employee handbook dated . I understand that I am to become familiar with its contents. Further, I understand: Employment with the pueblo regional building department is at -will. I have the right to end my work relationship with the department, with or without advance notice for any reason. The department has the same right. The language used in this handbook and any verbal statements of management are not intended to constitute a contract of employment, either express or implied, nor are they a guarantee of employment for a specific duration. The handbook is not all inclusive, but is intended to provide me with a summary of some of the department's guidelines. This edition replaces all previously issued handbooks. The need may arise to change the guidelines described in the handbook, except for the at -will nature of employment. The department therefore reserves the right to interpret them or to change them without prior notice. No representative of the pueblo regional building department, other than the building official of the department, has the authority to enter into an agreement of employment for any specified period and such agreement must be in writing, signed by the building official and myself. We have not entered into such an agreement. Employee name Date 20