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