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R-89-11 Res Amending Personnel ManualRESOLUTION NO. f. - -i - 1 1 A RESOLUTION AMENDING PERSONNEL MANUAL WHEREAS, the President and Board of Trustees desire to amend the Village of Lemont Personnel Manual by .adding new provisions as required by The Illinois Religious Freedom Protection and Civil Union Act (750 ILCS 75/1 et. seq.) and the Genetic Information Nondiscriminatory Act (29 CFR. part 1635); and WHEREAS, the President and Board of Trustees desire to amend the Village of Lemont Personnel Manual by adding a new provision, pursuant to Section 5/7 -172 of the Illinois Pension Code (40 ILCS 5/7 -172), to maintain the current privileges provided to Village of Lemont employee's hired before January 1, 2012. WHEREAS, the President and Board of Trustees find that adopting the attached amendments to the Village of Lemont Personnel Manual is in the interest of the public health, safety and welfare of the residents of Lemont; NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES as follows: SECTION 1: That the additions to the Village of Lemont Personnel Manual shown in underline in the attached Exhibit A hereto is hereby adopted. SECTION 2: This Resolution shall be in full force and effect from and after its passage as provided by law. SECTION 3: The Village Clerk of the Village of Lemont shall certify to the adoption of this Resolution and cause the same to be published in pamphlet form. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS on this 12. day of DeCCrn ber , 2011. Debby Blatzer Paul Chialdikas Clifford Miklos Ron Stapleton PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN 1 Rick Sniegowski Jeanette Virgilio ATTEST: CHARLENE M. SMOLLEN Village Clerk 2 BRI K. REAVES President RAYS. 0 N .Ark Iii. L LC. Ai AW MEMORANDUM Date: December 6, 2011 To: Village President and Board of Trustees From: Jeffrey Stein, Village Attorney Re: Changes to the Village of Lemont Personnel Policy Manual (Updated) Introduction On August 26, 2011, Governor Quinn signed Senate Bill 1831 into law as Public Act 97 -0609 ( "PA 97- 609 "). This Public Act amends various portions of the Illinois Pension Code as well as the Open Meetings Act.' One such amendment requires municipalities to pre -fund a portion of an employee's Illinois Municipal Retirement Fund ( "IMRF ") pension obligation if that employee receives an earnings increase for a calendar year used to calculate the final rate of earnings that exceeds the greater of 6% or 1.5 times the increase in the Consumer Price Index (the "Accelerated Payment "). Among the exemptions to this rule, is an exemption for earnings increases attributable to a written personnel policy adopted by the municipality before January 1, 2012, and applicable only to members who were participating in IMRF before January 1, 2012. Thus, if the Village desires to avoid the pre - funding obligation, it is our recommendation that the Village adopt, prior to January 1, 2012, the attached amendments to the Village's Personnel Policy Manual. Note: Illinois law requires employers to pay an employee who resigns or is terminated the monetary equivalent of all earned vacation no later than the next regularly scheduled payday for that employee.2 Therefore, if a Village employee resigns or is terminated, receives a payment for earned vacation which causes an earnings increased greater than 6% or 1.5 times the increase in the Consumer Price Index, and retires in a timeframe where that year of employment is used to calculate the final rate of earnings, then the Village will be obligated to pre -fund that portion of the employee's IMRF pension obligation. Other than drastically reducing the amount of vacation time permitted to be accrued, the Village cannot avoid this potential obligation. ' PA 97 -609 enacts a wide range of amendments to the Illinois Pension Code. Only the amendment to 40 ILCS 5/7 -172 will be discussed in this memorandum. 2 820 ILCS 115/5. 22 South Washington Avenue Park Ridge, Illinois 60068 T: 847.268.8600 F: 847.268.8614 www.rzlIc.com RAYS ' "',` 12 i l MAN Vii, LL.0 The Amendments Page 2 In order to relieve the Village from the Accelerated Payment obligation for employees hired by the Village after January 1, 2012, the Village must prohibit employees hired on or after January 1, 2012 from receiving cash -outs of accrued leave. Furthermore, the Village Board must adopt these provisions in a written policy on or before January 1, 2012. The IMRF has stated that there is not a specific exemption "for long- standing policies that provide for a cash -out of accrued leave at retirement. "3 The IMRF goes on to state that "if cash outs of sick and vacation time are not paid pursuant to exempt personnel policies, or an exempt contract or CBA, and the cash out causes an increase of 6% or more in one of the FRE 12 -month periods, the [Accelerated Payment] will be required." Thus, the Village must ensure that a cash -out policy is established in writing and that this policy excludes employees hired by the Village after January 1, 2012. Illinois law does not require employers to compensate employees for accrued sick leave, but Illinois law does require employers to compensate employees for accrued vacation time. Therefore, the amendments to the sick leave policy will vary slightly from the vacation time policy in that an employee must either use or lose his or her accrued sick leave prior to retirement while an employee is required to use all of his or her accrued vacation time prior to retirement. Sick Leave. It is important to note that the Village also allows employees, pursuant to the Illinois Pension Code'', to convert up to 240 days of unused, unpaid sick leave to service credit. Because this conversion does not result in "an earnings increase for a calendar year ", future employees may still utilize this conversion option without that conversion resulting in the Village becoming obligated for an Accelerated Payment. Comp Time. Illinois law also requires employers to compensate employees for earned overtime. In this regard, one of the Act's exceptions is for any earned overtime for that calendar year. Therefore, , the amendments to the Village's overtime /compensatory policy include an exemption for employees hired prior to January 1, 2012 so that those employees may continue to accrue compensatory time. However, the Village may still tender payment of overtime /compensatory time to employees on an annual basis, should it desire to do so. 3 General Memorandum 620, Frequently Asked Questions. 4 Section 7/5- 139(a)8 of the Illinois Pension Code. 22 South Washington Avenue Park Ridge, Illinois 60068 T: 847.268.8600 F: 847.268.8614 www.rzllc.com RAY SA 11v1 E AT,0 :.N :Y AN LLC Public Act 97 -0609 Page 3 Pursuant to PA 97 -609, the present value of all pension obligations created by an earnings increase that is awarded during the "final rate of earnings period" must be pre- funded by the municipality if the increase exceeds the greater of 6% or 1.5 times the annual increase in the Consumer Price Index -U for the preceding September.5 This provision applies to both current and future IMRF employees. IMRF released General Memorandum 620 which explains how the IMRF will implement this new law: When a member applies for a pension, IMRF calculates the member's final rate of earnings. For pensions with an effective date of February 1, 2012, and later, IMRF will compare each 12 months' earnings within the final rate of earnings period with the earnings for the previous 12 months. IMRF will identify any year in which the member's earnings are more than the previous 12 months' earnings by the greater of 6% or 1.5 times the increase in the Consumer Price Index -Urban (as of the previous September). IMRF will calculate the present value of the member's pension with and without the earnings increases that exceed the limit. The member's employer will be required to pay that portion of the present value attributable to earnings increases that exceed the limit ( "Accelerated Payment "). Thus, the IMRF will begin this process for all pensions applied for on or after February 1, 2012. While the above explains the mechanics of the calculation, the IMRF guidance also explains that such increases paid prior to January 1, 2012 are not counted. Therefore, the Village will not be required to pay the Accelerated Payment for any increase greater of 6% or 1.5 times the increase in the Consumer Price Index that occurs prior to January 1, 2012. The Exemptions Once the IMRF alerts the Village that it is responsible for an Accelerated Payment, the Village has thirty (30) days to dispute that payment by providing documentation of any exemption. The exemptions include: 1. Overtime or overload (cash -outs of accumulated time credited in lieu of overtime are not exempt); 2. If the employee receives an increase in the number of hours required to be worked; 5 40 ILCS 5/7- 172(k). 22 South Washington Avenue Park Ridge, Illinois 60068 T: 847.268.8600 F: 847.268.8614 www.rzllc.com Page 4 RAYS A T T O R N E V S A. - �.. 3. Standard employment promotions resulting in increased responsibility and workload; 4. Earnings increases for employees who are more than 10 years from retirement eligibility; 5. Earnings increases paid under contracts or collective bargaining agreements entered into, amended or renewed before January 1, 2012; 6. Earnings increases attributable to personnel policies adopted by the governing body before January 1, 2012, and applicable only to members who were participating in IMRF before January 1, 2012. 22 South Washington Avenue Park Ridge, Illinois 60068 T: 847.268.8600 F: 847.268.8614 www.rzllc.com VILLAGE OF LEMONT PERSONNEL POLICY MANUAL TABLE OF CONTENTS ARTICLE I - INTRODUCTION 1.1 Application and Administration 4 1.1.1 Precedence of Board of Fire and Police Commissioners .4 1.1.2 Precedence of Collective Bargaining Agreement 4 1.1.3 Precedence of Manual by Village Administrator 4 1.1.4 Manual Does Not Create Contract of Employment or Tenure Rights 5 1.2 Code of Ethics 5 1.3 Coverage of Personnel Policy Manual 5 1.4 Adoption of Rules 6 1.5 Administration of Manual 6 1.6 General Management Rights 6 1.7 Management Structure 7 ARTICLE II - EMPLOYMENT PRACTICES 2.1 Administration 7 2.2 Recruitment 7 2.3 Application for Employment 8 2.4 Applicant Testing 8 2.5 Selection of Personnel 8 2.6 Employment Status 8 2.7 Citizenship 9 2.8 Residency 9 2.9 Hiring of Relatives 9 2.10 Equal Employment Opportunity 10 2.11 Discrimination and Harassment 10 2.12 Medical Examination and Substance Abuse Screening 13 2.13 Probationary Employee 14 2.14 Personnel Records 14 2.15 Drug and Alcohol Free Workplace Policy 15 2.16 Drug and Alcohol Abuse Policy 16 ARTICLE III - EMPLOYMENT CLASSIFICATION & SALARY ADMINISTRATION 3.1 Administration 24 3.2 Classification of Positions 24 3.3 Classification Plan 24 3.4 Pay Ranges 25 6.11 Losses Involving Personal Property 58 6.12 Retention of Driving Privileges 58 6.13 Outside Employment 59 6.14 Political Activities and Affiliations 59 6.15 Dress Code 60 6.16 Smoke Free Workplace and Tobacco Use ...60 6.17 Preventing and Reporting Workplace Violence 60 6.18 Identity Theft Policy .60 ARTICLE VII - CORRECTIVE COUNSELING & GRIEVANCE PROCEDURES 7.1 Employee Corrective Counseling 61 7.2 Corrective Counseling Procedures 61 7.3 Corrective Counseling 62 7.4 Employee Grievances and Disciplinary Appeal 63 7.5 Grievance Procedure and Disciplinary Appeal 64 ARTICLE VIII - INSERVICE PLACEMENT 8.1 Promotions 65 8.2 Appointment to "Acting" Status 65 8.3 Lateral Transfers 65 8.4 Demotions 66 8.5 Reductions in Personnel 66 8.6 Recall from Layoff 66 8.7 Reappointment 67 ARTICLE IX - TERMINATION OF EMPLOYMENT 9.1 Resignation 67 9.2 Retirement 67 9.3 Exit Interview 67 9.4 Return of Village Property 68 APPENDIX A - PAY PLAN DESCRIPTION AND RULES I. Introduction 69 II. Pay Plan Classification System 69 III. Progression through Pay Plan 69 IV. Frequency of Pay Adjustments 70 V. Employee Performance Evaluations 70 VI. Amendments to Classification System 70 VII. Schedule of Authorized Positions and Pay Ranges 72 1.1.4 Manual Does Not Create Contract of Employment or Tenure Rights Except for employees under the jurisdiction of the Board of Fire and Police Commission, employees of the Village are "at will" employees and may be removed at any time, with or without cause. This manual does not create, and shall not be construed as creating, any contract or offer to contract with the Village. No property or tenure rights in employment shall be created, or deemed to be created, by this manual. All provisions of this manual are subject to change, at the sole discretion of the Village, at any time, with or without notice. No policy, benefit or procedure set forth in this manual implies or may be construed to imply that it or any portion thereof is an employment contract. Employment and compensation may be terminated by the Village with or without notice at any time at the option of the Village. In the event any of the provisions of this manual conflict with the Laws of the State of Illinois or the United States Government, the latter shall take precedence. 1.2 Code of Ethics. All members of the Village Staff should assume an obligation to maintain the highest standards of professionalism as public employees. It shall be the duty and role of each Village employee to strive to: A. Effectively administer and implement the policies and procedures as established by the Village Board of Trustees, or their representative. B. Provide the highest level of service to the public in an impartial and efficient manner. C. Enforce all laws, ordinances, rules and regulations as required. D. Encourage and maintain open communications between the Village Government and the citizens of Lemont. E. Interact with the public in a polite and cooperative manner to provide a positive image of the Village of Lemont. F. Maintain a spirit of cooperation and teamwork between fellow employees to effectively carry out the goals and tasks of the organization. G. Maintain the highest level of honesty and integrity in all dealings with the public, outside parties and other employees. 1.3 Coverage of Personnel Policy Manual Provisions. The provisions of this Personnel Policy Manual shall apply to all appointed officers and employees of the Village full -time and part-time, sworn and non- 5 A. The right to establish the mission, policies, standards of service and annual operating budget of the Village. B. The right to deteiniine the methods, means, and number of personnel required to accomplish the mission of the Village. C. The right to establish and revise the organizational structure of the Village, or job descriptions, including the right to hire, transfer, promote, discipline, suspend or discharge employees. D. The right to establish work procedures, work rules, work standards, work shifts and examination requirements for Village employees. E. The right to select the means and origin of service delivery to be provided to the public. 1.7 Management Structure. To carry out the day -to -day activities of the Village, several levels of supervisory authority exist. The Village Administrator manages the overall operation of the Village with direct supervisory responsibility over Department Heads. Village Department Heads include the Building Commissioner, Public Works Director, Police Chief, Treasurer, Planning and Economic Development Director, and Village Engineer. The Assistant Village Administrator manages the Administration Department and assumes duties of Village Administrator in his/her absence. Employees within each Department either report directly to the Department Head, or to a line supervisor who may be responsible for day -to -day supervision. Employees shall rely upon this chain of command to insure proper communication, direction and overall coordination of effort. ARTICLE II - EMPLOYMENT PRACTICES 2.1 Administration The Village Administrator shall be responsible for the recruitment and screening and appointment of all Village employees, except those positions governed by State Statutes. 2.2 Recruitment. As vacancies occur on the Village staff, qualified applicants will be sought through several means of recruitment. Depending on the level of the vacancy, employment notices will be placed in local newspapers, professional newsletters 7 Regular Employees shall be defined as those individuals selected to serve the Village for an unspecified period of time. Temporary or Seasonal Employees shall be defined as those individuals selected to serve the Village for a specified period of time. Full time employees shall be defined as those individuals who consistently work a schedule considered to be a full workweek according to the provisions of this manual. Part-time employees shall be defined as those individuals who consistently work a schedule considered to be less than a full workweek according to the provisions of this manual. 2.7 Citizenship United States citizenship is not a prerequisite for employment, except for those positions specifically covered under federal or state statutes. 2.8 Residency. Although employees are encouraged to live within the Village limits, residency is not a requirement for initial or continued employment. 2.9 Hiring of Relatives. Under most circumstances a supervisory relationship shall not exist between relatives. This shall include newly hired employees as well as promoted employees. This regulation shall apply to all full -time, part -time, and temporary positions which may become vacant. Should a supervisory relationship occur between relatives due to promotion, marriage or .other action, the subordinate employee shall be reassigned to an equivalent position. No applicant shall be appointed for employment if that individual is related to an elected official serving a term of office within the Village of Lemont. This restriction shall not apply to those individuals who may be appointed prior to a relative being elected or any individual who may have been hired prior to the adoption of this manual. The applicable relationships covered under this section are listed as follows: mother, father, brother, sister, grandmother, grandfather, son, daughter, spouse, Civil Partner (as defined under the Illinois Religious Freedom Protection and Civil. Union Act), mother -in -law, father -in -law, brother -in -law, sister -in -law, son -in- law, and- daughter -in -law and the parents, si.bl.i:i os and children of a Civil Partner. If an individual is hired without disclosing such a relationship, that employee shall be subject to termination upon discovery by the appropriate appointing authority. 9 C. SEXUAL HARASSMENT Sexual harassment deserves special mention. Harassing conduct based on gender often is sexual in nature but sometimes is not. This policy forbids harassment based on gender regardless of whether the offensive conduct is sexual in nature. Any unwelcome conduct based on gender is also forbidden by this policy regardless of whether the individual engaged in harassment and the individual being harassed are of the same or different genders. Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct based on sex constitute sexual harassment when (1) submission to the conduct is an explicit or implicit teen of employment, (2) submission to or rejection of the conduct is used as a bias for an employment decision affecting an individual (tangible employment action), or (3) conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. This policy forbids harassment based on gender regardless of whether it rises to the level of a legal violation. The Village of Lemont considers the following conduct to represent, but are not limited to, some of the types of acts that violate this Harassment Policy: Physical assaults of a sexual nature included but not limited to rape, sexual battery, molestation, intentional physical conduct which is sexual in nature, such as touching, pinching, patting, grabbing, etc. Unwanted sexual advances, propositions or other sexual comments including, but not limited to sexually oriented gestures, noises, remarks, jokes, or comments or verbal abuse of a sexual nature. Also included are preferential treatment and promises of a preferential treatment to an employee for submitting to sexual conduct. Sexual or discriminatory displays or publications anywhere in the Village's work place by Village employees including but not limited to pictures, posters, calendars, graffiti, objects, reading materials, or other . materials that are sexually suggestive, demeaning, or pornographic. D. EMPLOYEE RESPONSIBILITY Everyone at the Village can help assure that our workplace is free from prohibited discrimination or harassment. Every employee is expected to avoid any behavior or conduct that could reasonably be interpreted as 11 investigation. Our policy provides for immediate notice of problems to the Village officials listed above, so that we may address and resolve any problems without waiting for any legal proceedings to run their course. H. POLICY AGAINST RETALIATION The Village forbids that any employee treat any other employee or former employee or applicant adversely for reporting harassment, for assisting another employee or applicant in making a report, for cooperating in a harassment investigation, or for filing an administrative claim with the EEOC or a state governmental agency. All employees who experience or witness any conduct they believe to be retaliatory should immediately follow the reporting procedures stated above. I. CONFIDENTIALITY In investigating and in imposing any discipline, the Village will attempt to preserve confidentiality to the extent that the needs of the situation permit. J. TRAINING ON POLICY The Village will conduct training on this harassment policy on an annual basis. All employees shall be required to attend annual training. I. ACCEPTANCE OF POLICY All Village employees have a personal responsibility to conduct themselves in compliance with this policy and to report any observations of conduct inconsistent with this policy. If you have any questions concerning this policy, then please contact your supervisor or Village Administrator. 2.12 Medical Examination and Substance Abuse Screening. All new Village employees shall undergo a substance abuse screening and/or medical examination by a Village- designated physician at the Village's expense. A. Post -Offer Medical Examination. 1. Conditional Job Offer: After a conditional offer of employment is made, applicants will be referred for a medical examination. If the examining physician recommends that the applicant not be hired, a conditional offer may be withdrawn only if the physical problem identified during the examination will prevent the applicant from performing the essential job functions and the condition cannot reasonably be accommodated by the Village. 13 personnel file, that individual shall have the right to submit a written rebuttal which will be made part of the official file. Each employee shall be required to notify the Village Administrator's Office and Department Head immediately of any change of address or telephone number which may occur during the course of employment. This notification shall also apply to any change in marital status in order to comply with C.O.B.R.A regulations. 2.15 Drug and Alcohol Free Workplace Policy A. It is the policy of the Village of Lemont that all employees and contractors shall be free from drugs and alcohol. All employees and contractors shall be prohibited from: the unlawful manufacture, distribution, dispensing, possession, use, or being under the influence of a controlled substance while on Village premises or while performing work for the Village. B. For purposes of this policy, a controlled substance is one which is: Not legally obtainable; being used in a manner different than prescribed; Legally obtainable, but has not been legally obtained. C. As a condition of employment or of any written contract, each employee or contractor shall: agree to abide by the teens of the policy respecting a drug and alcohol -free workplace; agree to notify their supervisor of any conviction of any criminal drug statute for a violation occurring on Village premises or while performing work for the Village no later than five (5) days after such a conviction. D. In order to make employees and contractors aware of dangers of drug and alcohol abuse, the Village of Lemont shall: provide each employee and contractor with a copy of the Drug and Alcohol Policy; make available materials from local, state, and national anti -drug and alcohol abuse organizations; provide in- service information. E. In order to assist employees who have not violated policy as set forth in subsection A hereof, but who nonetheless may have a substance -abuse problem, the Village may establish procedures to: 15 2. All time inspecting, servicing, or conditioning any commercial motor vehicle at any time. 3. All time spent driving a commercial motor vehicle. 4. All time, other than driving time, spent on or in a commercial motor vehicle. 5. All time loading or unloading a commercial motor vehicle, supervising or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded. 6. All time spent performing the driver requirements associated with an accident. 7. All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle. (49 CFR 395.2) A driver is considered to be "performing" a .safety- sensitive function during any period in which he or she is actually performing, ready to perform, or immediately available to perform any safety - sensitive function set forth above. C. Use Prohibited The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance or use of alcohol is prohibited on all Village of Lemont premises, in any Village owned or leased motor vehicle, or other location at which the driver is to perform work. Nor will the Village hire or retain any individual who uses or possesses any illegal drug, in any amount and regardless of frequency, or any individual who engages in prohibited alcohol - related conduct. 1. The Village will maintain a pre - employment screening program designed to prevent hiring anyone who uses any illegal drugs, or engages in prohibited alcohol- related conduct. 2. No driver shall consume a Schedule 1 drug of the Schedule of Controlled Substance of the Drug Enforcement Administration or any amphetamines, narcotics, opiates, hallucinogenic substances, depressants, stimulants, cannabis (THC) or any other habit forming drug while on or off duty, except as provided in Section C.4. 17 The Village will require drug testing in accordance with the Federal Motor Carrier Safety Requirements as set forth in 49 CFR parts 40 and 382. All urine samples will be split samples. The "primary sample" shall be at least 30 ml. of urine; the split sample shall be at least 15 ml. Failure of the driver to provide that quantity even after a 2 hour second opportunity immediately following up to 24 oz. of water, will cause the driver to be referred for a medical examination to develop pertinent information whether the driver's inability to provide a specimen is genuine or constitutes a refusal to test. The physician shall submit a written evaluation to the Village which will make a conclusion. While this process is being accomplished, the driver shall be placed out of service. E. Alcohol Testing The Village will require alcohol testing in accordance with the Federal Motor Carrier Safety Requirements as set forth in 49 CFR Parts 40 and 382. Two breath tests are required to determine if a person has a prohibited alcohol concentration. A "screen test" shall be conducted first. Any result of less than .02 alcohol concentration is considered a "negative test." If the alcohol concentration is .02 or greater, a second or "confirmation test" must be conducted. Alcohol breath testing shall be by an "Evidential Breath Testing Device" (E.B.T.) that prints out the results, date, time, a sequential test number, name and serial number of the E.B.T. The alcohol test must be conducted by a "Breath Alcohol Technician" (B.A.T.) who is trained to operate the E.B.T. and is proficient in all breath alcohol testing procedures. Alcohol breath testing will be conducted at the Lemont Police Department by a state certified Breath Alcohol Technician. For random and reasonable suspicion testing, drivers will only be tested for alcohol while performing a safety - sensitive function, just before performing a safety - sensitive function or just after performing a safety - sensitive function. Any test of .02 or greater shall cause the driver to immediately be removed as a driver or from any other safety sensitive function and will subject the driver to disciplinary action in accordance with this policy. For reasonable suspicion testing, the driver shall be immediately removed as a driver or from any other safety - sensitive function 19 3. Reasonable Suspicion: If a supervisor or other qualified personnel has reasonable suspicion to believe that a driver has violated the alcohol or controlled substance regulations (see "Use Prohibited" section) then the driver shall submit to a urine drug or breathe alcohol test. Upon being notified that they are to be tested, the employee shall proceed immediately to the designated testing site. Refusal to submit to such screening will be considered a positive test. A reasonable cause observation form must be completed and signed by at least one qualified supervisor within 24 hours of observation that led to the reasonable cause test. A copy of the foiiu shall be forwarded to the Village Administrator and Public Works Director within 48 hours of the observation. 4. Random Testing: (a) The MRO will randomly select 50% of all employees covered by this policy for drug testing and 25% for breath alcohol testing per the requirements of 49 CFR Part 40 and section 382. (b) The selected employee will not be infoinied of the need to be tested until just prior to the test. Upon notice that they are to be tested, the employee shall proceed to the testing site. (c) All test results will be placed into the driver's qualification file. 5. Post Accident Testing: (a) The Village will require post - accident urine drug and breath alcohol testing of all employees covered by this policy as required by 49 CFR Part 40 and section 382.303. (b) Post accident urine drug and breath alcohol testing will be required of those drivers who are involved in an accident if the driver receives a citation for a moving traffic violation arising from the accident, or if there is any injury or fatality resulting from the accident. (c) The post accident urine drug test shall be conducted as soon as possible but no later than 32 hours after the reportable or fatal accident. The breath alcohol test shall be administered within 2 hours after the accident, but in no event later than 8 hours after the accident. After an party without written consent. Assistance Program - An Employee Assistance Program will be conducted by the Village to provide educational information concerning the effects and consequences of drug or alcohol use on personal health, safety and work environment. 1. Every driver will be required to take at least one hour of training each year on substance abuse and alcohol use, and sign an attendance certification sheet. 2. Written notice will be given when this training is available. J. Records 1. The Village will comply with all federal, state and local laws and regulations concerning any violations of criminal drug and alcohol use laws in the workplace. 2. Record Keeping: all records will be retained as listed in 49 CFR Section 382.401. 3. A driver is entitled, upon written request, to obtain copies of any records pertaining to the driver's use of drugs or alcohol, and test results. 4. Records shall be made available to a subsequent employer upon receipt of a written request from a driver. 5. Every driver upon termination is required to peiuiit in writing the release of their urine drug and breathe alcohol test results for at least 2 years to any future employer. The Village is required upon the receipt of a written request of a driver to provide copies of his or her urine drug and breathe alcohol test results promptly to any other possible employer at no charge. 6. The Village may disclose information required to be maintained under this policy on a driver, to a decision made in a law suit, grievance, or other procedure initiated by or on behalf of that driver and arising from the results of an alcohol or controlled substance test required by this policy, or from the Village's determination that the driver engaged in conduct prohibited by this policy. (Including but not 23 ADMINISTRATION 3.1 Administration. The administration of the employment classification and salary system shall be the responsibility of the Village Administrator. The job classification schedule, pay schedule and pay plan shall be adopted by the Village Board and may be amended from time to time. 3.2 Classification of Positions. All authorized positions are classified into occupational classes consisting of similar duties and responsibilities. 3.3 Classification Plan. The Village classification plan consists of a series of pay ranges. Each position is classified into a specific pay range based upon the following job related criteria: level of supervisory responsibility; level of overall responsibility; level of difficulty; level of required education; level of required experience; and comparable position compensation as identified by salary studies which may be utilized to provide comparable data. 3.4 Pay Ranges. Each pay range shall have an entry rate and a maximum rate governing the salary of employees who are assigned to the range. Employees will progress through the pay range dependent upon merit increases as provided by the Supervisor and Department Head. 3.5 Entry Rate of Pay. New employees will normally begin their employment at the minimum level of the pay range assigned to their job classification. However, if it is determined to be in the best interest of the Village, the 'Village Administrator may choose to assign a higher salary to a new employee. Justification for assignment of a higher salary may include exceptional qualifications, years of experience of a candidate, the re- hiring of a founer employee, factoring in salaries within the department, or a lack of available candidates which may be hired at the entry level. 3.6 Salary Adjustments. Periodic salary adjustments shall be available to all employees at the 6- month anniversary date, one year anniversary date, and May 1, subject to the rules of the Pay Plan. The salary to be paid shall be determined through an evaluation completed by the Department Head and immediate supervisor of each employee's performance and recommendation on pay in accordance with the Village's pay plan. Employees at the top of their range will continue to receive evaluation not less than annually. Patrol 25 a.m. to 4:00 p.m. and are assigned a minimum of forty (40) hours per work week. C. Police The work week for patrol officers is determined by the terms of the collective bargaining agreement. Police Commanders and Sergeants shall normally be assigned to work a minimum of forty (40) hours per work week. D. Managerial Managerial positions as outlined in Section 1.5 are expected to work the necessary hours to adequately perform their roles. This may include attendance at evening meetings of advisory boards or commissions. It is expected the minimum number of hours is forty (40) hours per week. 4.2 Meal Periods. All employees who are scheduled to work more than six (6) hours in any one work day will be provided a minimum thirty (30) minute meal period. Department Heads may authorize a longer meal period. Meal periods are not considered hours worked. Except as listed below, employees shall be relieved of their duties, leave their work areas, and not be subject to call while on meal periods. Patrol officers use their meal periods as described in the Collective Bargaining Agreement. Sergeants take meal periods as their schedules allow. Meal periods are considered hours worked. Salaried- exempt employees are encouraged to take meal periods as their schedules allow. Neither the use nor the omission of the meal period shall have any impact on their pay. 4.3 Overtime. It is the policy of the Village to keep work in excess of established schedules at a minimum and to permit such work only when it is necessary to meet operational requirements. All overtime must be approved by the employee's immediate supervisor prior to the overtime being worked. All overtime must be in accordance with standards established by the Department Head. Overtime is considered to be work in excess of forty (40) hours in a standard seven (7) day work week and will be paid at a rate of one and one -half (1 1 /2) hours for each overtime hour worked. Hours worked includes use of compensation time taken, vacation, personal and sick time. 27 strive to ensure no financial hardship is incurred by the employee. 4.6 Overtime Exception In case of civil disaster, state of extreme emergency or local peril, the overtime procedures herein established shall not be in effect and compensation procedures shall be determined at the time for such consideration by the Village Administrator. 4.7 Compensatory Time Excluding employees hired by th.e Village on or. after January 1, 2012, Department Heads may, from time to time, permit an employee to accrue compensatory time in lieu of overtime pay. The employee shall have the option of taking time off or being paid at the applicable hourly rate for the overtime hours worked. Compensatory time shall be accrued at one and one -half times the hours worked over 40 hours and time off shall be subject to approval of the Department Head or their designee. Accrued compensatory time shall, if practical, be used within the calendar year in which it was accrued. An employee shall not be permitted to accrue more than one hundred sixty -eight (168) hours of compensatory time. Compensatory time off may be taken at a time mutually agreed upon by the employee and the Department Head. Under no circumstances will compensatory time be granted where such granting would create a hardship, as determined by the Department Head or Village Administrator, in the operation of the respective department. The Department Head may request that the employee exhaust any earned yet unused compensatory time in instanced where, in the opinion of the Department Head, the efficient operation of the Department and the Village would be served. Department Heads shall report accrued compensatory time off for each eligible employee on an annual basis, as of March 30. 4.8 Court Time. When an employee is required to present evidence or testify in court for work - related reasons during non -duty hours, the individual shall receive a minimum of three (3) hours of overtime. If the court appearance extends beyond three (3) hours, the appropriate amount of overtime will be provided. 4.9 Submittal of Time Sheets. All employees are responsible for the accurate reporting of hours worked. Prior to submittal to the Village Administrator, time sheets must be signed by the employee and approved by the Depaitnrent Head. Any individual who knowingly falsifies information on time sheets or payroll records shall be subject to termination, except that in the case of a sworn officer 29 for all hours worked at a rate of 1.5 times the regular hourly rate. To receive compensation for holiday pay, an employee must work the day before and day after a holiday unless on paid leave authorized by the Department Head. An employee absent due to illness will also be eligible if properly documented and approved by the Department Head. Eligible part-time employees regularly scheduled twenty (20) hours or more shall be entitled to holiday pay if the holiday falls on the employee's regularly scheduled work day. 5.3 Personal Holidays. A maximum of three (3) personal holidays equal to their daily hours will be provided to all full -time and eligible part -time regularly scheduled - twenty (20) -hours or more employees during each calendar year. Personal days shall be taken at the discretion of the employee, provided that the scheduled date is approved by the Department Head. Employees shall request a personal holiday at least four (4) days in advance. Personal holidays must be utilized during the calendar year and cannot be accumulated or reimbursed in the form of an extra day of pay. Any personal holiday not utilized before December 31, or prior to an employee's termination is to be considered forfeited. Personal holidays may be used in full day, half day or two -hour increments. The two -hour increment is the smallest increment of time off which employees may use. New employees receive a pro -rated amount of personal holidays during the first calendar year of employment. Employees shall not be eligible to utilize personal holidays until completion of six (6) months of continuous service. The number of hours which eligible part-time employees receive is determined by the same method of calculation used to deteliuine other holiday hours. 5.4 Vacation Leave. The Village provides all eligible employees with paid vacation leave so they may rest and relax away from work. The vacation policy covers all full -time employees, and eligible part-time regularly scheduled- twenty (20) -hour or more employees as identified in Section 5.1 Vacation days are earned on upon appointment and accrue according to the following schedule: Length of Service Vacation Less than five (5) years Ten (10) working days per annum 31 If an employee terminates r .sigps or is terminated from employment with the 'Village and the employee wi4has at least twelve (12) :months service prior to using all- accrued vacation time, and - -phi netie_e is gi-v --n ---tom ef*tline -- ire- Artiele -FMS;- {9 44 the amount of unused vacation time will be reimbursed on the final paycheck at the employee's regular rate of pay. Eligible employees who utilize vacation and subsequently leave the employ of the Village shall be required to reimburse the Village for the pro rata share of used but unearned vacation (e.g. an employee (appointed in May) utilizing 80 hours of vacation in October and departing on October 31 shall be responsible for reimbursing the Village for 40 hours of vacation time used). TYeluding_ennpl.oyees hired by:the Village on or after January 1,._2012._if an ernplovee :retires from Village employment, the employee may elect to be paid the full value of accrued but unused vacation time remaining to the employee at the employee's regular rate of pay at the time of retirement. 5.5 Sick Leave. Full -time employees and eligible part-time employees regularly scheduled twenty (20) hours or more shall accumulate sick leave at the rate of equal to their daily hours for each month of service. Sick leave may be used only for illness for employee, or for the care of an ill or injured member of the employee's immediate family, which is defined as spouse, Civil. Partner, child or parent /guardian. For family illness or injury, employees are to provide for other care as soon as practical. Such use of sick leave shall be only on an emergency or temporary basis. New employees shall not be eligible for paid sick leave until thirty (30) days from the date of hire. Sick leave will be taken in increments of not less than one (1) hour. The sick leave bank may accumulate to a maximum of eighteen hundred hours (1,800). An employee unable to report to work shall contact his /her immediate supervisor at the earliest opportunity. Shift personnel shall report any illness no later than two (2) hours prior to their scheduled starting time. If the absence is longer than one (1) day, the employee shall keep the supervisor informed of the condition daily or as otherwise agreed to by the Supervisor, and provide the anticipated return to work date. At the discretion of the Department Head, employees absent for more than two (2) days may be required to submit a statement from a physician verifying the illness and fitness to return to duty. If the condition of an employee is in question, the Village Administrator may require a physical examination 33 unit thereunder; this policy may not be used to add to or subtract from any provisions contained in a collective bargaining agreement. Represented personnel shall be eligible to participate provided their bargaining agent has provided the Village with written acceptance of the terms, which acceptance may be withdrawn at any time. Provided, any such withdrawal shall not affect time donated or received prior to the date of withdrawal. There is no limitation between the exchange of donated and received paid leave time between authorized represented employees and non - represented employees. II. DEFINITIONS A. "Paid leave designated donation" means a voluntary transfer by an eligible donor employee of accumulated sick, vacation and /or personal leave to a designated eligible recipient employee pursuant to the terms and conditions contained in the policy set forth herein. Donation shall be effective upon the date the offer of donation is received by the Village. B. "Eligible donor employee" means a permanent full -time, employee who has been employed by the Village for a period of six (6) consecutive months or more who voluntarily elects to donate accumulated sick, vacation and /or personal leave to an eligible recipient employee. An employee who wishes to donate said leave must have a minimum of ten (10) days of accumulated sick leave and five (5) days of accrued vacation leave remaining in his or her employee benefits account after the amount donated is deducted therefrom. C. "Catastrophic illness or injury" means a temporary disability or incapacity injury to the employee or a member of the employee's immediate family resulting from a life threatening illness or injury of other catastrophic proportion as determined by the Village Administrator. Factors considered in determining whether the employee is covered under this Policy shall include, but are not limited to the length of time the employee must be absent from work due to illness or injury. "Hospital" or "Institution" means a facility licensed to provide care and treatment for the condition causing the (employee's) absence from work. D. "Covered monthly earnings" means the employee's basic monthly salary in that amount received on the day just before the date of leave. Covered monthly earnings does not include commissions, overtime pay, bonuses, raises or any other special compensation not received as covered monthly earnings. For hourly -paid employees, the number of hours worked during a regular workweek, not to exceed thirty -seven and one -half (37.5) hours per week will be used to determine covered monthly earnings. If an employee is paid on an annual basis, the covered monthly earnings will be determined by dividing the 35 determination by the Village Administrator that (1) the employee is eligible to receive such paid leave, and (2) the amount of leave authorized for the employee to receive, employees will be notified of the request and given the opportunity to donate leave to the recipient employee. Donations will be accepted for a period of three (3) weeks following the original request. The Village Administrator may extend this period up to one (1) additional week. E. Maximum Leave Period: A leave of absence may not be taken for an indefinite period of time. The leave period shall be determined by the Village Administrator based upon the information contained in the Physician's Certification, in consultation with the employee's direct supervisor. Recipient employees shall not use donated paid leave until all of their accrued vacation time, personal days, sick leave and compensatory time has been exhausted. Regardless of the amount of leave authorized by the Village Administrator for the recipient employee to receive, donated paid leave may only be permitted to the extent that sufficient leave is actually donated to the recipient employee and, under no circumstances shall a recipient employee be permitted to receive more donated leave than that which is necessary to cover the period of leave authorized by the Village Administrator. Any such leave shall run concurrently with Family Medical Leave (FMLA). Upon approval of a. request for donated paid leave, the Village Administrator will inform the employee of the start and end date of his or her leave. Note: The amount of donated paid leave initially approved by the Village Administrator may be increased at the request of the employee based upon information contained in any periodic progress report(s) received from the employee's treating physician. The Village Administrator reserves the right, at its sole discretion, to decrease the period of leave initially approved based upon information furnished by the employee's treating physician in any progress report(s). However, under no circumstances shall an employee be granted a total period of donated leave in excess of ninety (90) days, whether consecutive or intermittent, in any given fiscal year. F. Physician's Certification: The recipient employee is responsible for submitting medical documentation from his or her health care provider. This information must be submitted on a form provided by the Village Administrator and may be obtained the Village Administrator's office. Information contained in the Physician's Certification must include: 1. Date when the serious medical condition began; 37 K. Reciprocity with Other Government Employers: Participating employees who were employed by another government agency, instrumentality, or political subdivision, whether federal, state or local, that also maintained a paid leave designated donation program for its employees may not be permitted to transfer any benefits received pursuant to participation in that program to the Village's program. IV. PAYBENEFITS Any paid leave granted pursuant to this policy will be paid at the following rate(s): Group health insurance benefits will be continued at the same level and coverage during an employee's paid leave. In order for an employee to continue coverage of his or her voluntary life and /or health benefits during the period of approved leave, he or she is responsible for payment of any contribution amount. Arrangements for payment of such contribution(s) may be made on an individual basis with the Village Administrator. Other employee benefits such as vacation time, sick leave, personal days and /or pension benefits will not continue to accrue during the leave period. V. INVOLUNTARY TERMINATION OF PARTICIPATION Any abuse by an employee of the paid leave designated donation program shall be investigated by the Village and, upon a finding of wrongdoing on the part of a participating employee, shall result in that employee being required to reimburse the Village for any and all paid leave received pursuant to this policy, and may subject the employee to other disciplinary action up to and including termination. THIS POLICY IS SUBJECT TO CHANGE WITHOUT FURTHER NOTICE AT ANYTIME AT THE SOLE DISCRETION OF THE VILLAGE. 5.6 Voluntary Leave of Absence. An unpaid leave of absence may be requested by employees with more than one (1) year of continuous service. Requests for leave must not exceed six (6) months. Requests for leave shall be made in writing to the Department Head along with an explanation of the reason for the request. Unpaid leaves may be granted with the approval of the Village Administrator. Unpaid leaves of absence for sworn personnel shall be subject to State statutes. Sick leave, vacation, holiday benefits and seniority will not accrue during the leave of absence, and the employee's anniversary date shall be adjusted according to the length of absence. Health and life insurance benefits will 39 return of the employee from leave. The Village will pay family leave or sick leave only under the circumstances permitted by the applicable leave plan. Use of family and medical leave shall not preclude the use of other applicable unpaid leave that will extend the employee's leave beyond 12 weeks, provided that the use of family and medical leave shall not serve to extend such other unpaid leave. Family and medical leave is available in one or more of the following instances: 1) the birth and first -year care of a son or daughter; 2) the adoption or foster placement of a child; 3) the serious health condition of an employee's spouse, Civil Partner. parent or child; and 4) the employee's own serious health condition. Employees may take an intermittent or reduced -hour family and medical leave when the reason for the leave is 3 or 4 above, with certain limitations provided by law. Within 15 calendar days after the Village Administrator makes a request, an employee must support a request for a family and medical leave when the reason for the leave is 3 or 4 above, with a certificate completed by the employee's or family member's health care provider. Failure to provide the certification may result in a denial of the leave request. In the event the reason for leave taken is 4 above, that made the employee unable to perform the employee's job, the employee shall obtain and present certification from the employee's health care provider that the employee is able to resume work. The cost of the certification shall be borne by the employee and the employee is not entitled to e paid for the time or travel costs spent in acquiring the certification. Said certification will not be required when the employee takes intermittent leave as described above. If both spouses. or Civil Partners are employed by the Village, they may together take only 12 weeks for family and medical eaves when the reason for the leave is 1 or 2 above, or to care for a sick parent. The Village neither requests nor requires Yen.etic information of an i:ndivi.dual or family member of the individual and the employee need not provide any t:fenetic information when submitting the health -care provider's certificate. Notice If possible, employees must provide at least 30 days' notice to the Village of the date when a leave is to begin. If 30 days' notice is not practicable, the notice must be given within 2 business days of when the need becomes known to the employee. Employees shall provide at least verbal notice sufficient to make the Village aware that he or she needs a family and medical leave, and the anticipated timing and duration of the leave. 41 If a short-term disability /medical leave is granted for a period of ninety (90) days or less, the employee's position will remain vacant until expiration of the leave. Reinstatement shall only occur if the position has not been eliminated due to reorganization or budgetary constraints. Unpaid leaves in excess of three (3) months provide no guarantee of reinstatement to the former position, unless approved by the Village Administrator in writing. Upon expiration of a leave of absence in excess of ninety (90) days the Village Administrator shall attempt to reinstate the employee to his /her former position or one that is similar, depending upon qualifications. The Village will provide written notice of termination to an employee who has not returned to work within five (5) days after the disability period. 5.8 Military Leave. Any full -time employee who is a member of the reserve components of the United States Armed Forces, the National Guard, or the Naval Militia will be allowed leave of absence, with pay as outlined in (a) and (b) below; during any calendar year without loss of any accrued leave. Requests for such leave must be made to the Village Administrator and be accompanied by a copy of official orders requiring such training period or notice of mobilization/deployment. Any full -time employee who enters military service shall, upon termination of his active service, be entitled to return to Village employment at a level equivalent to the position held upon his departure. Any such leave of absence shall not exceed a period of time necessary to complete the period of required active duty. An employee once discharged from active duty, is allowed to request reappointment to employment with the Village based on the number of days on active duty status: Less than 31 days — Report on the second regular business day following discharge; 30 — 180 days — Report within 14 days; More than 180 days — Report within 90 days; (a) Any employee who is a member of any reserve component of the United States Armed Services, including the Illinois National Guard, and who is mobilized to active military duty as a result of an order of the President of the United States, shall for each pay period receive the same regular compensation that (s)he receives or was receiving as an employee at the time mobilized to active military duty, plus any health insurance and other benefits he is or was receiving or accruing at that time, minus the amount of his base pay for military service, for the duration of his active 43 The Village retains the right to change insurance carriers or to self - insure or to adopt additional coverage alternatives or join a health insurance pool for the provision of medical benefits, dental benefits or life insurance. The Village further reserves the right to institute, maintain and change cost containment, benefit and other provisions of the medical plan provided that such changes made shall only take effect on the plan anniversary date, currently January 1. Upon termination, the provision of paid health insurance shall cease except as may be provided by State or Federal law. At that time information will be provided for obtaining individual insurance coverage. If an employee can prove they have health insurance from another source and elect to be covered by health insurance that is not provided by the Village, then the Village will pay the employee $1,500 per fiscal year. Payment will be made once open enrollment period is complete. If an employee is eligible to return during non -open enrollment period, the employee will be required, at a pro -rated amount to return that amount to the employer. If an employee is eligible to drop coverage during non- open enrollment period, the employer will pay that employee, at a pro- rated amount up to $1,500; subject to no cost implications to the Village. 5.12 Life and Disability Insurance. The Village selects and provides a group life insurance policy. Disability coverage is provided to employees enrolled in the Illinois Municipal Retirement Fund. Additional supplemental life insurance is available for purchase at the employee's discretion. Upon termination, the provision of paid life and disability insurance shall cease except as may be provided by State or Federal Law. At that time information will be provided before obtaining individual coverage. 5.13 Retirement Programs. Village employees are eligible to participate in several retirement programs, depending upon their employment status with the Village. The specific details concerning each program may be obtained in the Village Administrator's office. The retirement programs available are listed as follows: A. Illinois Municipal Retirement Fund. I.M.R.F. is a state retirement and disability program for public employees in Illinois. All non -sworn employees working 1000 or more hours annually must participate. Both the Village and 45 agency whereby employees and/or their family members can receive counseling. A family member is defined as a spouse, Civil Partner, child or parents. An initial number of counseling sessions will be paid entirely by the Village. 4. Flexible Spending Account The Village offers a flexible account plan to all full -time employees. The flexible spending account can be used for eligible medical, vision, prescription and certain over the counter drugs and dental expenses that are not reimbursed by health or dental insurance. The plan allows employees to redirect part of their income to a non - taxable status. 5.14 Worker's Compensation. All employees are covered by Workers Compensation insurance, as provided in State Statutes, in the event of accident or death occurring while on the job. It is necessary that the employee notify his /her Department Head as soon as possible of the accident, and in no event shall he /she delay notification longer than 24 hours. In the event of loss of time caused by the accident, such loss of time will be reported to the Assistant Village Administrator, which will prepare all necessary correspondence. An employee must report to the Department Head and Assistant Village Administrator when returning to work from a lost time injury. All full -time and part-time employees are provided with worker's compensation coverage required by State statute. Worker's compensation will provide payment for medical, pharmacy and related expenses which are determined to be the direct result from any on -duty injury or illness incurred by an employee. Injuries and illnesses resulting from non -duty related causes are to be submitted to the health insurance carrier. The Village will continue to pay an injured full -time employee's salary and benefits for thirty (30) days from the date of the job - related injury. Any Worker's Compensation benefits or insurance payments received by the employee shall revert to the Village during the time for which continuing compensation is paid. If an employee is unable to return to work at the expiration of the thirty (30) working days, the employee may, at his /her option, use all accumulated sick leave, vacation and personal days or to make up the difference between Worker's Compensation benefits and full pay. Sworn personnel are provided workers compensation benefits per state statute. 47 consideration in budgeting procedure. Depletion of Funds When requests for training and reimbursement exceed funds specifically budgeted for that purpose, the Village Administrator may provide partial reimbursement of expenses in order to extend training opportunities to as many employees as possible. Qualifications To qualify for tuition reimbursement, an employee shall: A. Submit a written request prior to enrolling in the course. B. Obtain tuition reimbursement approval from the Village Administrator. C. Successfully complete the course with a grade of "C" or better. D. Submit to the Finance Department proof of satisfactory course completion and proof of amount spent for tuition. E. Have been classified as a full -time employee with the Village for a period of at least one (1) year. F. Sign an agreement or promissory note agreeing to reimburse the Village the amount of the tuition reimbursement if the employee does not remain in the employ of the Village for a period of one (1) year after completion of a course. Termination of Employment If an employee does not remain with the Village for a period of one year after completing a course, the employee agrees that the Village shall deduct from the amount of tuition reimbursement previously granted from the employee's final paycheck or make other arrangements to see that the tuition reimbursement funds which have been granted to the employee are paid back to the Village. ARTICLE VI - WORK RULES AND REGULATIONS. 6.1 Work Rules. The Village may prepare, issue and enforce work rules which are deemed to be necessary for the safe, orderly and efficient operation of the organization. 6.2 Work Habits. Employees are required to maintain the highest standards of conduct, efficiency and cooperation in the performance of their duties. Employees shall be punctual in reporting to work and shall be dressed in a manner appropriate to their job responsibilities. 49 6.6 Light Duty Policy. If an employee is injured during the course of employment and is unable to perform the required duties of the position, but can perform work of a less strenuous nature, the individual may be considered for a light duty assignment. Light duty will be assigned only if an injured employee is determined to be physically able to perform the required light duty tasks, and provided such light duty assignments are available. Such a light duty assignment shall be at the discretion of the Department Head, subject to the approval of the Village Administrator, and may be made on a day -to -day basis, but shall not exceed ninety (90) working days. Light duty assignments may be made in any Village department and shall be based upon the physical abilities and skills of the employee, and the personnel needs of the Village. Light duty positions shall be maintained only if in the best interests of the Village. The Village shall require a medical examination when the physical abilities of any injured employee are in question. Such examination shall be the expense of the Village. 6.7 Use or Modification of Village -Owned Equipment or Property All equipment, supplies, tools, uniforms and property owned or purchased by the Village are to be utilized for official business only. No employee shall modify or alter any Village property unless specifically authorized in writing by the Village Administrator. 6.75 E -Mail and Electronic Communication Policy A. INTRODUCTION Recent advances in electronic communications and information technologies present valuable opportunities for the Village. These technologies, when properly used, support our activities and enable us to better serve our citizens and constituents through closer and timelier communications and nearly instantaneous access to vast stores of information. In recognition of these benefits, the Village has made a substantial investment in its electronic communications and information systems. While the Village encourages the use of its systems, such use carries with it important responsibilities. The careless or inappropriate use of these systems can have dramatic consequences, harming the Village, our citizens and the individual users of the Village's systems. This policy is intended to minimize the likelihood of such harm by educating users of the Village's electronic communications tools as to proper and improper usage of such tools and by setting forth the conditions that apply whenever the Village's electronic communication tools are being used. B. APPLICABLE COMMUNICATION TOOLS These guidelines address the appropriate use of the Village's electronic "communication tools." These tools include, but are not limited to the following: 51 As with the telephone, there may be occasion to use these facilities for personal purposes. Personal use is permitted so long as it does not interfere with the performance of an employee's job and /or the transaction of Village business, consume significant resources, give rise to more than nominal additional costs or interfere with the activities of other employees of Village. All communications Via the computer, computer system, e -mail, internet or facsimile transmission, regardless of the business or personal nature of the communication, transmitted, received and/or stored using any of the Village's electronic communications tools are subject to being accessed and reviewed by the Village. Users should not assume that any such communications are or shall remain private. 3. Unacceptable Use a) Users should not monopolize the Village's electronic communication tools to the exclusion of others. Accordingly, activities such as sending mass e- mails or e -mails with large attachments that are not business - related, sending chain e- mails, spending excessive amounts of time on the Internet, engaging in online chat groups, printing multiple copies of documents or otherwise creating unnecessary network traffic are not allowed. b) Because audio, video and picture files require significant storage space, files of this sort should not be downloaded unless they are business - related. c) Use of communication tools such as email or texting when driving Village vehicles and equipment within the right -of -way is prohibited by personnel during routine operation, e.g., non -911 service calls or other deemed non -life threatening responses; by personnel operating CDL required type vehicles; by personnel operating construction or non - licensed type equipment due to inherent hazards present; and by personnel maintaining, repairing, operating, or any other similar activity involving energized equipment such as, but not limited to, electrical panels, motors, energized circuits, etc. due to being a potential distraction to the user and /or may create an unsafe work environment. d) In addition to the other restrictions and conditions discussed in this policy, the Village's communications 53 from the system and should not forward the material to any other person or address. In addition, any user who believes the Village's communications tools are being used in a manner which violates either this policy or the Village's policies prohibiting harassment should immediately report the matter pursuant to the requirements of Section VII below. It is the responsibility of all users of the Village's communication tools to see that these tools are used in an efficient, lawful and ethical manner at all times. Examples of unacceptable content include, but are not limited to: ➢ Sexually explicit messages, images, cartoons or jokes; ➢ Unwelcomed propositions, requests for dates or love letters; ➢ Ethnic, religious or racial slurs; or ➢ Any other message that could be constructed as harassment or disparagement of others based on sex, race, age, national origin, religion, disability, genetic information or sexual orientation. Although the Village does not regularly monitor voicemail or electronic messages, all users of the Village's communications tools should be aware that even personal e -mail and voicemail messages may be viewed publicly or by Village's management without notice. The Village reserves the right to inspect the content of all information and messages generated by or contained in any of its communication tools. Users should not assume that any such communications are or shall remain private. 5. Transmitting Confidential Information Employees also have a responsibility to protect from disclosure, at all times, privileged and confidential information pertaining to the Village or other employees. In recognition of this significant responsibility, the Village's communications tools, especially its e -mail system, should not be used to transmit confidential communications. Most e -mail is sent over the Internet, which is not a secure means of communication. There is a possibility that e -mail messages may be intercepted and read by others than the party to whom they are addressed. Moreover, it is difficult, if not impossible, to remove e -mail messages from the system with certainty. This means that 55 Village's business purposes, employee privacy rights in this context are extremely limited. Users of the Village's communications tools should have no expectation that any information transmitted over Village facilities or stored in the Village computers is or will remain private. These systems are owned and/or controlled by the Village and are accessible at all times by the Village without notice for maintenance, upgrades or any other business or lawful purposes. Use of passwords to gain access to the computer system or to secure particular files or messages does not imply that users have an expectation of privacy in any material created or received on the computer system. The Village has global passwords that permit it to access all material stored on the system, regardless of whether such material has been password - protected by the user. The Village permits personal use of its communications tools with the express understanding that it reserves the right to review employee use of and to inspect all material created by or stored on, these communication tools. Use of these tools constitutes each employee's permission for the Village to monitor communications and to access files that are made on or with these communications tools. E. VIRUSES Viruses can cause substantial damage to electronic communications and information systems. Each user is responsible for taking responsible precautions to ensure he or she does not introduce viruses into the Village's network. To that end, all material received on floppy disk or other magnetic or optical medium and all material downloaded from the Internet or from computers or networks that do not belong to Village must be scanned for viruses and other destructive programs before being placed onto Village's network. Users should understand also that their home computers and laptops may contain viruses and that all disks transferred from these computers to Village's network must be scanned for viruses. F. REGULATION AND ENFORCEMENT The Village Administrator or his /her designee is responsible for monitoring the compliance with the provisions of these procedures. The Village Administrator shall also be responsible for investigation of suspected non - compliance with the provisions of this procedure. Misuse of any Village communications tools or violations of this 57 Periodic record checks will be performed to insure that each individual operating a vehicle is properly licensed. If any employee required to operate a vehicle as part of his /her job duties is found to have a suspended or revoked license, that employee shall be subject to disciplinary procedures. 6.13 Outside Employment. Employees may have outside employment provided that such employment does not interfere with the employee's ability to devote primary attention to the work requirements of the Village. Sworn employees shall not have outside employment unless specifically authorized by the Chief of Police. Employees shall be prohibited from participating in outside employment which may involve any of the following conditions: A. Utilization of official infouuiation not available to the general public. B. Utilization of Village time, facilities or equipment, except for special Police details. C. Activities which are, or may appear to be, a conflict of interest. D. Acceptance of employment with a vendor or individual which requires approval or review of any department of the Village. E. Activities which are prohibited by Federal, State or local statutes. 6.14 Political Activities and Affiliations within the Village of Lemont. Village employees may participate in political affairs at any level of government provided that such participation does not adversely affect the performance of the employee or adversely affect the conduct of Village business. Employees may not involve themselves in any political activity during assigned working hours. No Village employee may be appointed, promoted, dismissed or retained on the basis of his /her political activities or views. No employee shall be coerced to participate in political campaigns, solicit votes or contribute funds for any political office. Any full or part-time Village employee who wishes to run for Village President, Village Trustee or Village Clerk of the Village of Lemont must first take an unpaid leave of absence from employment with the Village. This leave is to commence with the first formal activities of the employee to obtain nomination or election to the office and will end upon the completion of all activities connected with the office. 6.15 Dress Code. 59 If you have witnessed an act of violence using deadly or potentially deadly force, then you should call 911, and, if possible, inform your supervisor at once so long as you can do so without placing yourself or other workplace participants at risk. If you have a reasonable suspicion that an act of violence is about to occur, you should call 911, and, if possible, your supervisor. If you have concerns that an employee or other workplace participant may commit an act of violence or if you have heard rumors of potential violence from employees or others that interact with your workplace, you should contact your supervisor, and if applicable, contact law enforcement. If you have questions, suggestions or concerns about this section, please contact your supervisor or the human resources representative. 6.18 Sensitive and Non - Public Information Policy The Village has adopted a Sensitive and Non - Public Infouuation Policy to help protect employees, residents, customers, contractors and the Village of Lemont from damages related to loss or misuse of sensitive information. Village Employees are required to make every effort to comply with the policy for protection of employees, residents, customers and contractors. ARTICLE VII - CORRECTIVE COUNSELING AND GRIEVANCE PROCEDURES. 7.1 Employee Corrective Counseling. The continued employment of each Village employee shall be contingent upon adherence to acceptable norms of conduct, satisfactory job performance, and compliance with the rules and regulations of the Personnel Policy Manual or any other Village organizational rules and regulations, and the need of the Village to maintain the employee's job position. Such adherence is necessary to maintain an efficient and equitable organization and work environment. Department Heads and supervisors shall discuss any deficiencies or work related problems with individual employees. It is the responsibility of an employee to correct any faults in performing his /her duties and abide by the rules and regulations of the Village. Failure to abide by this basic organizational requirement shall result in corrective counseling procedures. 7.2 Corrective Counseling Procedures. 61 B. Intentional refusal or failure to perform any valid request, instruction or order of a supervisor. C. Engaging in conduct unbecoming a public employee. D. Usage, possession, or being under the influence of illegal drugs or alcoholic beverages while on duty or on Village property. E. Falsification of any document, information, report, or statement. F. Willful abuse, neglect or carelessness resulting in damage to public or private property or equipment. G. Unsafe, illegal or hazardous operation of equipment or vehicles. H. Refusal to submit to a medical exam if requested by the Village Administrator. I. Absence without official authorization, or habitual absenteeism or tardiness. J. Failure to properly report any accident or personal injury. K. Conviction of a felony or other crime involving moral turpitude. L. Unauthorized use of Village equipment, property, services or funds. M. Failure or inability to adequately meet the minimum work requirements as listed in the employee job description and as established by the department head. N. Failure to address deficiencies noted by supervisory personnel during formal or informal reviews. 0. Any other act, or failure to act, which may disrupt Village operations, endanger the health or well being of the public or another employee, or bring discredit . to the Village of Lemont. 7.4 Employee Grievances and Disciplinary Appeal. When an employee may have a dispute, disagreement or problem concerning employment with the Village, it is anticipated that a resolution can be accomplished through informal discussions with supervisory personnel. If an employee feels that a resolution cannot be attained through informal means, formal grievance procedures may be initiated. 63 procedure. Employees are allowed reasonable time during working hours for presenting their grievances, and no deductions shall be made from the pay of a grieving employee for time spent in this way as long as it does not disrupt normal business. Employees may call on fellow workers who have personal knowledge and were directly involved in the incident being grieved. ARTICLE VIII - INSERVICE PLACEMENT 8.1 Promotions Whenever possible, the Village will promote existing employees to fill vacancies which arise. Consideration for promotion shall be based upon prior job performance, personal qualifications, educational or technical training and promise of future development. Employees seeking promotional opportunities shall indicate their desires through the standard employment application procedures. An employee who is promoted shall receive a pay and classification adjustment. . Sworn personnel shall be subject to the promotion procedures established by the Board of Fire and Police Commissioners. 8.2 Appointment to "Acting" Status. In the event that a prolonged vacancy occurs in a supervisory or administrative non -sworn position, an existing employee may be appointed to assume the duties of the vacant position in an "acting" capacity. Such appointment shall be made by the Village Administrator, and shall be considered a temporary appointment. If the individual assigned to "acting" status is anticipated to perform the duties of a higher pay range, the "acting" employee shall receive a temporary pay and classification adjustment as determined by the Village Administrator. Upon the return of the permanent occupant of the position, the "acting" employee shall return to the position and pay rate held prior to the temporary appointment. Under no circumstances shall an employee remain in an "acting" capacity for longer than one (1) year. 8.3 Lateral Transfers. Voluntary transfers may be requested by employees with the written recommendation of the affected department head(s). The department head(s) shall evaluate the request in terms of the employee's past performance, qualifications, promise for success in the desired position and needs of the organization. The recommendation of the department 65 Employees eligible for recall shall have a maximum of seven (7) days to respond to a notice of recall and an additional fourteen (14) days to report to work. Any former employee who does not respond to a recall notice or report to work shall be considered to have voluntarily resigned. An employee recalled within one (1) calendar year of layoff shall be entitled to any sick leave or seniority accrued prior to layoff. 8.7 Reappointment. Any employee who voluntarily resigns in good standing may be eligible for reappointment at a future time, provided an opening exists and the candidate is qualified for the position. The reappointed employee shall be considered a new hire. An employee who resigns and is later re -hired shall not be credited with any sick leave, personal days or seniority accrued prior to resignation. Any employee who is teliuinated for disciplinary reasons, resigns during disciplinary proceedings, or does not resign in good standing shall not be eligible for reappointment. ARTICLE IX - TERMINATION OF EMPLOYMENT. 9.1 Resignation. To resign in good standing, an employee must submit a written statement to the department head at least fourteen (14) calendar days prior to leaving Village employment. Managerial personnel shall be required to provide a minimum notice of twenty -one (21) calendar days prior to leaving Village employment. The statement shall be forwarded to the Village Administrator and made part of the employee's permanent personnel file. Any employee who fails to provide proper notice of resignation shall not be considered for any future position with the Village. 9.2 Retirement. Any employee seeking to retire shall be subject to the same resignation procedures as outlined in Article IX (9.1). 9.3 Exit Interview. Exit interviews may be requested by the employee, department head or Village Administrator upon notice of a pending resignation. The exit interview shall be considered voluntary on the part of the employee and shall not effect any compensation or benefits due to an employee. The purpose of an exit interview shall be to provide feedback to Village management on employment matters including: working conditions, compensation, job satisfaction, quality of supervision and training, and suggestions for improvement. 67 APPENDIX A PAY PLAN DESCRIPTION AND RULES VILLAGE OF LEMONT I. INTRODUCTION. The pay plan of the Village has been designed to insure consistent and standardized employee salary administration. The day -to -day management and interpretation of the pay plan shall be the responsibility of the Village Administrator. The pay plan and classification system does not include, and shall not apply to any employment position covered as part of a collective bargaining agreement or any temporary employment position with the Village, such as a seasonal position; or any employment position covered by an employment contract; except to the extent otherwise provided in the employment contract. II. PAY PLAN CLASSIFICATION SYSTEM The classification of all jobs will be classified utilizing specific job titles plus an assignment of that job title to a salary range on the salary schedule. In general, the Village will construct pay ranges measuring 33 % -36% in width and 4 -5% between each pay grade, as recommended by the Position and Classification Study completed in 2008 and adopted by the Village Board. III. PROGRESSION THROUGH PAY PLAN A. Employees will normally start at the entry step of the pay range assigned to the job classification. If determined to be in the best interest of the Village, the Village Administrator may start an employee at a step higher that the minimum. Reasons for starting an employee at a pay step above the minimum shall be limited to instances in which the applicant possesses experience above what would be considered entry level, the re- hiring of a previously employed individual or instances in which competition within the labor market warrants such a pay level. B. Progression through an employee's pay range will be dependent upon performance evaluations conducted by the Department Head and/or immediate Supervisor. Individual merit raises may range from 0% to 8 %, subject to a Village -wide mean as determined by the Village Board. C. The maximum merit pay increase within any twelve (12) month period shall be ten percent (10 %). The pay raise for a first year employee will be divided between two separate increases at the 6 -month and 1 -year anniversary dates. 69 and job classifications of the Village to determine whether revisions are required. Such recommended revisions shall be forwarded to the Village Board for consideration and possible adoption. C. Individuals exempt from overtime are defined as salaried employees. Those employees who are eligible for overtime are defined as hourly -paid employees. The actual hourly rate paid shall be based upon the salary assigned, divided by the number of hours designated for the position. D. In order to maintain its competitiveness, the Village will review and, if necessary, make market adjustments to the pay ranges. Such adjustments may be based upon trends in the economy and . labor market. Any such adjustment shall be effective on May 1, and shall apply to all non- represented employees. E. The Village Board may choose to delay the frequency of pay adjustments as indicated in Section VI, B subject to economic conditions which may make such action necessary. 71 PUBLIC WORKS Public Works Director $81,778 $108,764 1 Asst. Public Wks. Director $72,700 $96,691 0 Streets Superintendent $72,700 $96,691 1 Water Superintendent $72,700 $96,691 1 Water Supervisor $53,266 $72,442 0 Operations Supervisor $53,266 $72,442 0 Fleet Manager $48,345 $65,749 1 Mechanic $46,043 $62,618 1 Crew Leader $46,043 $62,618 3 Maintenance Worker I $30,614 $41,635 * Maintenance Worker II $43,850 $59,636 * Water Operator $46,043 $62,618 1 Water Billing Supervisor $33,752 $45,903 1 Administrative Assistant $35,440 $48,198 0 Meter Reader /Custodian $27,768 $37,764 0 * 9 combined positions PART -TIME POSITIONS ADMINISTRATION Administrative Intern $11.21 $13.71 POLICE DEPARTMENT Police Officer $ 14.04 $ 20.54 6 Crime Prevention Officer $ 13.20 $16.34 1 Crossing Guars $ 11.84 $ 14.37 Cadets $ 7.72 $ 10.32 Community Service Officer - 0 Records Clerk $ 13.20 $ 16.34 0 Traffic Aides $ 10.00 Crime Prevention Officer $ 13.20 $ 16.34 1 Evidence Custodian $ 13.04 $ 19.54 .1 6 11 8 PUBLIC WORKS Temp. Summer Maint. (PW) $ 7.62 $ 14.00 5 Meter Reader $ 12.89 $ 19.19 0 COMMUNITY DEVELOPMENT Planning Intern $ 11.21 $ 13.71 0 Planning & Zoning Com. Secretary, $ 15.15 $ 18.89 0 BUILDING DEPARTMENT Code Enforcement Officer $10.76 $14.15 0 Plumbing Inspector** $32.50 2 73 Amended 8/11/08 Amended 10/27/08 Amended 5/12/09 Amended 12/21/09 Amended 7/12/10 Amended 6/27/11 Resolution 0 -41 -08 Resolution R -49 -08 Ordinance 0 -26 -09 Ordinance 0 -80 -09 Ordinance 0 -47 -10 Resolution R -46 -11 75